JOINERS
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 4798 of 1999)
Before the Honourable Justice Kavanagh
|
28 June 2001
|
REVIEWED AWARD
PART A
1. TITLE
This award shall be known as the Joiners (State) Award.
2. ARRANGEMENT
Clause No.
|
Subject Matter
|
38.
|
Amenities
|
29.
|
Annual Leave
|
4.
|
Anti-Discrimination
|
11.
|
Apprentices
|
3.
|
Area, Incidence and Duration
|
2.
|
Arrangement
|
5.
|
Award Modernisation
|
33.
|
Bereavement Leave
|
12
|
Casual Employment
|
41.
|
Compensation for Clothes and Tools
|
7.
|
Definitions
|
42.
|
Employer Records
|
19.
|
Fares and Travelling Allowance
|
39.
|
First-aid
|
21.
|
Hours
|
17.
|
Industry Allowance
|
40.
|
Injury or Disease Pay
|
34.
|
Jury Service
|
35.
|
Long Service Leave
|
27.
|
Meal Allowance
|
10.
|
Mixed Functions
|
23.
|
Overtime and Special Time
|
32.
|
Parental Leave
|
13.
|
Part‑time Employment
|
43.
|
Payment of Wages
|
31.
|
Personal/Carer's Leave
|
14.
|
Piecework
|
45.
|
Posting of Award
|
46.
|
Posting of Notices
|
37.
|
Protection of Employees
|
25.
|
Public Holidays and Holiday Work
|
9.
|
Rates of Pay
|
36.
|
Redundancy
|
22.
|
Rest Periods, Meals and Crib Time
|
48.
|
Right of Entry
|
44.
|
Right to Deduct Pay
|
49.
|
Settlement of Disputes
|
26.
|
Shift Work
|
30.
|
Sick Leave
|
20.
|
Special Rates
|
31.
|
State Personal/Carer's Leave
|
47.
|
Stewards/Delegates
|
6.
|
Structural Efficiency
|
28.
|
Superannuation
|
16.
|
Supported Wage Employees
|
8.
|
Terms of Employment
|
1.
|
Title
|
18.
|
Tool Allowance
|
50.
|
Trade Union Training Leave
|
15.
|
Unapprenticed Juniors
|
24.
|
Weekend Work
|
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
3. AREA. INCIDENCE AND DURATION
(a) This award
rescinds and replaces the Joiners (State) Award published 24 March 1995 and
reprinted 26 September 1997 (301 I.G. 313), and all variations thereof.
(b) This award
shall take effect from the first full pay period on or after 28 June 2001 and
shall remain in force for a period of twelve months
(c) This award
has been reviewed pursuant to section 19 of the Industrial Relations Act 1996. The changes made pursuant to the
review shall take effect from the first full pay period on or after 28 June
2001.
(d) This award
shall apply to all persons employed in State of South Wales, excluding the
county of Yancowinna. in the classifications in clause 10, Rates of Pay,
engaged on joinery work (as defined) and construction work (as defined).
(e) This award
shall not apply to persons employed under the National Building and
Construction Industry Award 2000, and the National Joinery and Building Trades
Products Award and Building and Construction Industry (State) Award.
4. ANTI-DISCRIMINATION
4.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
4.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
4.3 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.
4.4 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.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
5. AWARD MODERNISATION
(a) The parties
are committed to modernising the terms of the award so that it provides for
more flexible working arrangements, improves the quality of working life,
enhances skills and job satisfaction and assists positively in the
restructuring process.
(b) The parties
commit themselves to the following principles as part of the structural
efficiency process and have agreed to participate in a testing process in
accordance with the provisions.
(i) Acceptance
in principle that the new award skill level definitions will be more suitable
for the needs of the industry, more truly reflective of skill levels and the
tasks now performed and generally more broadly based, incorporating the ability
of an employee to perform a wider range of duties where appropriate.
(ii) The parties
will create a genuine career path for employees which allows advancement based
on industry accreditation and access to training.
(iii) Co‑operation
in the transition from the old structure to the new structure in an orderly
manner without creating false expectations or disputation.
(c) The parties
agree that the working party will continue to meet the aim of modernising the
award.
6. STRUCTURAL EFFICIENCY
(a) The parties
to this award are committed to co‑operating positively to increase the
efficiency, productivity, level of service and competitiveness of the industry
covered by this award and to enhance the career opportunities and job security
of employees in the industry.
(b) The parties
to this award recognise the diversity of activity in the industry and are
committed to maintaining and enhancing the flexibility of operations,
deployment and transfer of employees which have been traditional in the
industry.
(c) An employee
may be directed to carry out such duties and use such tools as may be required
and which are within the limits of the employee's skill, competence and
training, including, but not limited by, duties which are incidental and
peripheral to the employee's main task or function.
(d) An employee
may be directed to transfer to another job or location, or onto or off a
building site at the discretion of the employer.
(e) An
instruction issued by an employer pursuant to subclauses (c) and (d) shall be
consistent with the employer's responsibility to provide a healthy and safe
working environment.
(f) Enterprises
shall establish consultative mechanisms and procedures appropriate to their
size, structure and need for consultation and negotiation of matters affecting
their efficiency and productivity.
7. DEFINITIONS
7.1 "Assembler
A" means an employee who, in manufacturing any article, is:
(a) wholly
engaged in assembling prepared pieces of timber or other material (which is
dressed, morticed, tenoned or otherwise prepared by machining) by cramping,
nailing, screwing, gluing or fastening in any way;
(b) not
responsible for the dimensions of the article, other than by checking with
gauges or other measuring instruments, but may be required to trim, dress
and/or sand such prepared articles (excepting the fitting of joints) in accordance
with instructions given by a carpenter and/or joiner.
7.2 "Assembler
B" means an employee engaged exclusively on repetitive assembly of joinery
components on any automatic, semi‑automatic or single purpose machine and
whose work may include:
(a) the
repetitive assembling of component parts of any article in predetermined
positions in which no fitting or adjustment is required;
(b) the
attachment of accessories, such as window fasteners, casement stays or
balances, to articles in predetermined prepared positions,
provided that no such employee shall be responsible for the
setting up of machinery or the dimensions of the products.
7.3 "Carpenter
and Joiner" means an employee employed as a carpenter and/or joiner upon
shop fitting work or construction work (as defined) and upon any work
ordinarily performed by carpenters and/or joiners in any workshop,
establishment or yard not located as an "on‑site" building
project. Without limiting the generality of the foregoing, the work of
carpenters may include:
(a) work in
connection with prefabricated units;
(b) the marking
out, lining, plumbing and levelling of steel formwork and supports thereto;
(c) the
stripping of steel formwork shutters or boxing;
(d) the erection
of curtain walling and the fixing of external wall cladding;
(e) the erection
of suspended ceilings, except where wet plaster is used;
(f) the
erection of metal windows or doors;
(g) the
manufacture, installation, alteration and/or repair of shopfronts, show cases,
exhibitor's stands, and interior fittings and fixtures in or on buildings, and
the erection or installation of partitions, including the insertion of glass
panels where the glass is 6.35 mm or less in thickness, by beads or moulds or
other dry glazing methods, provided that:
(i) the drawing
or shaping of metal is not required in respect of paragraphs (c) and (d) of
this subclause;
(ii) nothing in
this definition shall be construed as giving a carpenter an exclusive right to
work specified in paragraphs (c), (d) and (e) of this subclause.
(h) pre‑cutting
or prefabricating of buildings, including the actual erection of a building
using prepared sections or components;
(i) the
preparatory work and the fixing and installation of joinery, including kitchen
cabinets, and cabinets covered by 7.12(e) .
7.4 "Casual
Employee" means an employee who is engaged and paid as such.
7.5 "Commission"
means the Industrial Relations Commission of New South Wales.
7.6 "Confined
Space" means a place the dimensions or nature of which necessitate working
in a cramped position or without sufficient ventilation.
7.7 "Construction
Work" when performed under this award shall include, without being limited
to, the erection, ornamentation, repair, demolition, renovation and maintenance
(except as provided by subclause 10.2) of buildings and/or structures, including
the making, preparing, assembling or fixing of all woodwork and fittings in
connection therewith, the making, preparing, assembling and fixing of any
material necessitating the use of trade tools or machines, and the
prefabricating of a building in an open yard.
7.8 "Employee"
means a person employed under the terms and conditions of this award, including
apprentices.
7.9 "Joiner"
means a person employed under this award as a tradesperson joiner on joinery
work other than in classifications defined elsewhere in this clause and
includes a tradesperson employed in a joinery shop engaged in cutting and
glazing all types of glass up to and including 6.35 millimetres in thickness.
7.10 "Joiner
Special Class" means an employee employed on complex, intricate, special
or detail work as a normal part of their duties.
7.11 "Joinery
Shop" means any establishment wherein joinery work is performed, provided
such establishment is not located on an "on‑site" construction
project.
7.12 "Joinery
Work" means all work performed in a joinery shop (as defined) and such
work shall be performed exclusively by the classifications contained within
this award and includes the preparation, decoration and assembling of joinery
or building components in timber or other recognised building and joinery
material in the shop, factory or yard of employers bound by this award. Without
limiting the foregoing, joinery shall include:
(a) the
manufacture of all building components, fittings or fixtures in any material to
be used in or fixed to any building and any work incidental thereto;
(b) any work
normally performed by a joiner and any process of manufacture which has
superseded or will supersede any such work;
(c) the assembling,
gluing and fixing of any joinery or parts thereof and the machining of joinery
done by a joiner incidental to their other work;
(i) the
manufacture of all built‑in cupboards, kitchen cupboards (save for those
excluded by paragraph (e) of this subclause) and all built‑in shelving,
counters, benches, laboratory cupboards, letter boxes, shopfitting, and all
other built‑ins.
For the purpose of this paragraph, "built‑in"
means in relation to an article that is of a kind used in the construction,
reconstruction, renovation, alteration or repair of and wrought into or
attached to any building, structure or other fixture and, without limiting the
generality of the foregoing, shall include:
Cold rooms and parts thereof.
Cornice boxes, cornice rods and rails.
Counters of shops, bars, banks, etc., including counters
consisting partly of glass.
Drawers for fixtures and all parts, whether or not movable
or fixtures.
Windows, or parts thereof, in any material.
Fly‑screens.
Doors of any kind and in any material, including garage
doors, glazed and/or mirror doors and fly‑screen doors.
Ironing boards, attached.
Mullions.
Prefabricated housing parts, including roof trusses and wall
frames.
Joinery and turnery for see saws, swings, etc.
Alcove seats, attached.
Alcove tables, attached.
Bar bottle racks, attached.
Arches.
Balustrades.
Cupboard doors and fronts.
Dressers, attached.
EC cabinets and seats.
Mantle brackets and mantle shelves.
Panelling, partitions and screens.
Plate racks, attached.
Roller grilles.
Shaving cabinets.
Shelf brackets.
Shop fronts.
Sideboards, attached.
Shower screens in any material.
Wall seats.
Wash troughs.
(d) the
manufacture of kitchen cabinets, provided that this exclusive right to the
manufacture of kitchen cabinets shall not extend to employees of the following
companies:
Trendsetter Kitchens.
Custombuilt Kitchens.
Fleur de Lys.
Continental Kitchens.
Trim Kitchens.
Gallagher Nielsens.
Individual Kitchens.
Kitchen Fine.
Norford Industries.
Fred Grotto Kitchens.
Pepper Kitchens.
Atel.
Style Kitchens.
Umic Products.
Nordane Kitchens.
Keen Kitchens.
Kitchen Industries.
Thorwood Kitchens.
Customtone Kitchens.
Tripolone Kitchens.
Brymer Industries.
Kitchenmaster.
Cummins Kitchens.
Pioneer Kitchens.
Kevin Adams Kitchens.
Rocca Kitchens.
Combined Kitchens.
Provided that the exclusive rights to the manufacture of
kitchen cabinets shall not prevent manufacturers of furniture from
manufacturing kitchen cabinets when such manufacture is incidental to the
manufacture of furniture. Provided that the manufacture of kitchen cabinets
does not involve the employment of persons on such work who are in excess of 20
per cent of the manufacturer's cabinetmaker workforce. Further provided that all on‑site work
in or in connection with kitchen cupboards or cabinets, whether or not
manufactured in accordance with the foregoing exception, shall be the exclusive
right of carpenters and/or joiners and not members of The Furnishing Trades
Society of New South Wales.
(e) Any process
which replaces any of the above, or any work done by employees who
substantially perform work described above, or any work described above which
is done in timber or metal or plastic or any material replacing same.
7.13 "Leading
Hand" means an employee responsible for directing and/or supervising the
work of other persons.
7.14 "Operator
of Explosive‑powered Tools" means an employee qualified in
accordance with the laws and regulations of the State to operate explosive‑powered
tools.
7.15 "Shopfitter
or Shopfitter and Joiner" means a person engaged upon shopfitting or
shopfitting and joinery work and upon any work ordinarily performed by
shopfitters or shopfitters and joiners in any workshop, establishment, yard or
site as defined in this clause. Without limiting the generality of the
foregoing, the work of shopfitter or shopfitters and joiners may include:
(a) work in
connection with prefabricated units;
(b) the erection
of curtain walling and the fixing of external wall cladding;
(c) the erection
of metal windows or doors;
(d) all work
including the use of whatever tools and material are necessary in regard to the
manufacture, installation, alteration and/or repair of shopfronts, showcases,
exhibitors stands and interior fittings and fixtures (including counters,
shelves, cupboards, vanities, robes, etc.) in or on buildings and the erection
or installation of partitions including partitions involving wrap‑around
glazing and the erection or installation of partitions including the inserting
of glass panels where the glass is 6.35mm or less in thickness by beads or
moulds or other dry glazing methods.
7.16 "Shop
work" or "Factory work" means any work performed in a workshop
or factory or yard not located as an on‑site building project.
7.17 "The
Act" means the Industrial Relations
Act 1996, as it may be amended from time to time.
7.18 "Union"
means the Construction, Forestry, Mining and Energy Union (New South Wales
Branch).
8. TERMS OF EMPLOYMENT
8.1 Employee,
except Casual Employees shall be employed by the week.
8.2 The
employment of an Employee, except a casual employee, may be terminated by the
Employer or the Employer by giving one weeks notice, or by payment of
forfeiture, as the case may be, of one weeks wages in lieu of notice.
8.3 Nothing in
this clause shall effect the right of an Employer to dismiss an employee
without notice for refusal of duty or wilful misconduct.
9. RATES OF PAY
9.1 In order to
maintain a basis of uniformity, current rates of pay and general conditions of
employment for classifications in this award are based on the rates of pay and
general conditions of employment for corresponding classifications in the award
of the Australian Industrial Relations Commission known as the National Joinery
and Building Trades Products Award 1993.
9.2 Except as
elsewhere provided in this award, the minimum weekly rate of pay for an
employee (other than an apprentice or junior) in a classification or class of
work specified in paragraph (b) of this subclause shall be:
(a) The base
rates of pay and supplementary payments for the broadbanded groups as set out
in Table 1:Wages, of Part B, Monetary Rates, plus
(b) the Industry
Allowance as prescribed in Clause 17 plus the Tool Allowance, as prescribed by
clause 18 (where applicable ).
9.3 The rates of
pay in this award include the adjustments payable under the State Wage Cases of
May 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.
(c) Broadbanded
Group Definitions and Skill Level Descriptions - The classifications covered by
this award and the appropriate broadbanded group for such classifications shall
be as follows:
(i) Group 1 -
Employee - An employee at this level will undertake up to thirty‑eight
hours induction training which may include information on the company,
conditions of employment, introduction to supervisors and fellow workers,
training and career path opportunities, plant layout, work and documentation
procedures, occupational health and safety, equal employment opportunity and
quality control/assurance.
An employee at this level performs routine duties
essentially of a manual nature and, to the level of their training:
1. performs
work as directed;
2. performs
routine duties essentially of a manual and repetitive nature;
3. is
responsible for the quality of their own work, subject to direct supervision;
4. works in a
safe manner so as not to injure themselves or other employees;
5. is able to
solve basic problems associated with their work;
6. whilst
undertaking structured training performs work within the scope of that
training, subject to safety and training requirements.
Indicative of the tasks which an employee at this level may
perform are the following:
- carry out
general labouring and cleaning duties from written or verbal instructions;
- provide
assistance to other employees at this or other skill levels within their
level of skill and training;
- any other
tasks as directed in accordance with their level of skill and training.
Classifications applying to this group prior to the
implementation of the broadbanded groups:
N/A
(ii) Group 2 -
Employee - An employee to be classified at this level will have completed the
required training or will have equivalent skills gained through work experience
in accordance with the prescribed standards for this level. In all cases the
employee will be required to satisfactorily complete a competency assessment to
enable the employee to perform work within the scope of this level.
Employees at this level perform work above and beyond the
skills of an employee at Group 1 and, to the level of their skill and training:
1. perform
work as directed;
2. exercise
limited discretion and utilise basic fault finding skills in the course of
their work;
3. work in a
safe manner so as not to injure themselves or other employees;
4. understand
and undertake basic quality control/assurance procedures, subject to
supervision;
5. whilst
undertaking structured training perform work within the scope of that training,
subject to safety and training requirements.
Indicative of the tasks which an employee at this level may
perform are the following:
repetitive fixing of pre‑made components or parts of
any article in pre‑determined ways, using basic written, spoken and/or
diagrammatic instructions;
repetition work on automatic, semi‑automatic or single
purpose machines or equipment;
uses selected hand tools and hand operated power tools;
maintains simple records:
manual handling skills;
uses hand trolleys and pallet trucks;
problem solving skills.
Classifications applying to this group prior to the
implementation of the broadbanded groups:
Assembler B: where such an employee performs the duties
specified in 6.2 only.
(iii) Group 3
Employee - An employee to be classified at this level will have completed the
required training or will have equivalent skills gained through work experience
in accordance with the prescribed standards for this level. In all cases the
employee will be required to satisfactorily complete a competency assessment to
enable the employee to perform work within the scope of this level.
Employees at this level perform work above and beyond the
skills of an employee at Group 2 and, to the level of their skill and training:
1. perform
work as directed;
2. exercise
limited discretion and utilise basic fault finding skills in the course of
their work;
3. work in a
safe manner so as not to injure themselves or other employees;
4. understand
and undertake basic quality control/assurance procedures, subject to
supervision;
5. perform
routine duties which may involve the use of machinery or tools;
6. whilst
undertaking structured training perform work within the scope of that training,
subject to safety and training requirements.
Indicative of the tasks which an employee at this level may
perform are the following:
produces standard components operating machinery and
equipment requiring the exercise of skill and knowledge beyond that of an
employee at Group 2;
ability to interpret and follow standard procedures;
operates flexibly between assembly stations;
receiving, despatching, distributing, sorting, checking,
packing, documenting and recording of goods, materials and components;
basic inventory control in the context of a production
process;
basic keyboard skills;
operation of mobile equipment including forklifts, hand
trolleys, pallet trucks,
overhead crane and winch operation;
ability to measure accurately;
assists one or more tradespersons;
problem solving skills.
Classifications applying to this group prior to the
implementation of the broadbanded groups:
Assembler B: where such an employee performs a wider range
of duties and more complex tasks as identified in this group;
Assembler A: where such an employee performs the duties
specified in 6.1 only.
(iv) Group 4
Employee - An employee to be classified at this level will have completed the
required training or will have equivalent skills gained through work experience
in accordance with the prescribed standards for this level. In all cases the
employee will be required to satisfactorily complete a competency assessment to
enable the employee to perform work within the scope of this level.
Employees at this level perform work above and beyond the
skills of an employee at Group 3 and, to the level of their skill and training:
1. perform
work as directed;
2. exercise
discretion and utilise basic fault finding skills in the course of their work;
3. work in a
safe manner so as not to injure themselves or other employees;
4. are
responsible for the quality of their own work, subject to limited supervision;
5. work from
more complex standards and procedures;
6. whilst
undertaking structured training perform work within the scope of that training,
subject to safety and training requirements.
Indicative of the tasks which an employee at this level may
perform are the following:
carries out tasks from basic plans, sketches and drawings in
conjunction with appropriate written or verbal instructions;
operates materials handling equipment requiring a licence or
certificate;
sets up and operates and adjusts machinery to produce more
detailed components to exact specifications and standards;
fixes components or parts in pre‑determined ways and
is able to undertake simple rectification work to jobs in progress;
provides assistance to other employees at this and other
skill levels within their level of skill and training;
any other tasks as directed in accordance with their level
of skill and training;
ability to complete simple clerical tasks;
ability to select suitable methods for completing tasks and
plan the order in which to complete them;
keyboard skills at a level higher than that of an employee
at Group 3;
lubrication of production machinery equipment;
problem solving skills.
Classifications applying to this group prior to the
implementation of the broadbanded groups:
Assembler A: where such an employee performs a wider range
of duties and more complex tasks, as identified in this group.
(v) Group 5 -
Employee - An employee to be classified at this level will hold a trade
certificate, Tradesperson's Rights Certificate, have completed the required
training or will have equivalent skills gained through work experience in
accordance with the prescribed standards for this level. In all cases the
employee will be required to satisfactorily complete a competency assessment to
enable the employee to perform work within the scope of this level.
Employees at this level perform work above and beyond the
skills of an employee at Group 4 and, to the level of their skill and training:
1. understand
and apply quality control techniques;
2. are able to
inspect products and/or materials for conformity with established operational
standards;
3. exercise
good interpersonal communication skills;
4. exercise
discretion and utilise basic fault finding skills in the course of their work;
5. work in a
safe manner so as not to injure themselves or other employees;
6. perform
work under limited supervision either individually or in a team environment;
7. conduct
training in conjunction with a skilled trainer as required;
8. whilst undertaking structured training
perform work within the scope of that training, subject to safety and training
requirements.
Indicative of the tasks which an employee at this level may
perform are the following:
carries out tasks from basic plans, sketches and drawings in
conjunction with appropriate written or verbal instructions;
selects materials and operates machinery and/or equipment to
produce articles in accordance with trade standards;
identifies and initiates relevant action to obtain
materials, tools and machinery requirements for a particular job;
maintenance and use of hand held pneumatic, power and
personal tools;
understands and undertakes basic quality control/assurance
procedures on the work of employees in lower classifications;
assists in the provision of on‑the‑job training
in conjunction with other tradespersons and supervisors;
exercises keyboard skills at a level higher than Group 4;
operates all lifting equipment incidental to his/her work;
performs non‑trade tasks incidental to his/her work;
performs work which, while primarily involving the skills of
an employee's trade, is incidental or peripheral to the primary task and
facilitates the completion of the whole task. Such incidental or peripheral
work would not require additional formal technical training;
approves and passes first‑off samples and maintains
quality of product;
operates, sets up and adjusts all production machinery in a
plant to the extent of his/her training;
can perform a range of maintenance functions;
understands and applies computer techniques as they relate
to production process operations;
high level of stores and inventory responsibility beyond the
requirements of an employee at Group 4;
any other tasks as directed in accordance with their level
of skill and training.
Classifications applying to this group prior to the
implementation of the broadbanded groups:
Joiner as defined in 7.9
(vi) Group 6 -
Employee - An employee to be classified at this level will have completed the
required training or will have equivalent skills gained through work experience
in accordance with the prescribed standards for this level. In all cases the
employee will be required to satisfactorily complete a competency assessment to
enable the employee to perform work within the scope of this level.
Employees at this level perform work above and beyond the
skills of an employee at Group 5 and, to the level of their skill and training:
1. perform
work under general supervision either individually or in a team environment.
Are able to examine, evaluate and develop solutions to problems within the
scope of this level;
2. understand
and implement quality control techniques and are responsible for the quality of
their work and are able to identify faults in the work of others at this or
lower levels;
3. exercise
discretion and utilise fault finding skills in the course of their work;
4. work in a
safe manner so as not to injure themselves or other employees. Are able to
identify hazards and unsafe work practices which may affect others in the team
environment;
5. exercise
good interpersonal skills;
6. provide
guidance and assistance as part of a work team;
7. whilst
undertaking structured training perform work within the scope of that training,
subject to safety and training requirements.
Indicative of the tasks which an employee at this level may
perform are the following:
reads, interprets and calculates information from production
drawings, prints or plans;
assists in the provision of on‑the‑job training
in conjunction with other tradespersons and supervisors;
exercises trades skills relevant to the requirements of the
enterprise at a level higher than an employee at Group 5;
operates a wide range of complex machines or equipment in
the workplace;
ability to apply relevant legislation to work of self and
others;
any other tasks as directed in accordance with their level
of skill and training.
Classifications applying to this group prior to the
implementation of the broadbanded groups:
Carpenter and/or Joiner, as defined in7.3
Shopfitter or Shopfitter and Joiner, as defined in 7.15
Joiner Special Class, as defined in 7.10
(vii) Group 7
Employee - An employee to be classified at this level will have completed the
required training or will have equivalent skills gained through work experience
in accordance with the prescribed standards for this level. In all cases the
employee will be required to satisfactorily complete a competency assessment to
enable the employee to perform work within the scope of this level.
Employees at this level perform work above and beyond the
skills of an employee at Group 6 and, to the level of their skill and training:
1. exercise
the skills attained through satisfactory completion of the training and
standard prescribed for this classification;
2. provide
guidance and assistance as part of a work team;
3. assist in
the provision of training in conjunction with supervisors and trainers;
4. understand
and implement quality control techniques and are responsible for the quality of
their work and are able to identify faults in the work of others at this or
lower levels;
5. work in a
safe manner so as not to injure themselves or other employees. Are able to
identify hazards and unsafe work practices which may affect others in the team
environment;
6. exercise
excellent interpersonal skills;
7. perform
work under limited supervision either individually or in a team environment;
8. exercise
discretion within their level of training.
Indicative of the tasks which an employee at this level may
perform are the following:
exercises high precision trade skills using various
materials and/or specialised techniques;
performs operations on a CAD/CAM terminal in the performance
of routine modifications.
Classifications applying to this group prior to the
implementation of the broadbanded groups:
N/A
9.4 A person
specifically appointed to be a leading hand (as defined) shall be paid as set
out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates in addition to
the rate of the highest classification supervised, or the employee's own rate,
whichever is higher.
9.5 Rate of Pay
Junior and Apprentices -
(a) Rates of Pay
- Juniors -
(i) The minimum
ordinary rate of pay for juniors shall be as set out in Table 1, Wages, of Part
B, Monetary Rates.
(b) Rates of
Pay, Indentured Apprentices
(i) The minimum
rates of wages for four‑year apprentices shall be as set out in Table l -
Wages of Part B Monetary Rates.
(ii) Any person
under 21 years of age entering the trade of shopfitting and/or joinery who has
completed the pre‑apprenticeship course in either of those trades, of 36
weeks' duration and conducted by the Department of Technical and Further
Education, shall serve a 33‑ month period of apprenticeship and the wage
shall commence at the second‑year rate and continue for a period of nine
months, at which time the apprentice shall be progressed to the third‑year
rate.
(c) Rates of
Pay, Trainee Apprentices:
(i) The minimum
rates of wages for four‑year apprentices shall be as set out in Table 1
of Part B Monetary Rates.
(ii) Any person under 21 years of age
entering the trade of shopfitting and/or joinery who has completed the pre‑apprenticeship
course in either of those trades, of 36 weeks' duration and conducted by the
Department of Technical and Further Education, shall serve a 33‑ month
period of apprenticeship and the wage shall commence at the second‑year
rate and continue for a period of nine months, at which time the apprentice
shall be progressed to the third‑year rate.
10. MIXED FUNCTIONS
10.1 Except as
provided in subclause 10.2 an employee engaged for more than two hours during
one day on duties carrying a higher rate than the employee's ordinary
classification shall be paid the higher rate for such day. If so engaged for
two hours or less during one day, the employee shall be paid the higher rate
for the time so worked.
10.2 (a) When employees are employed on
renovation or structural alterations to the employer's premises (which do not
fall under the definition of maintenance), or away from the factory or yard on
construction work (as defined), or fixing work on site (as defined), they shall
be paid in accordance with the rates, allowances and conditions as prescribed
by the following clauses of the Building and Construction Industry (State)
Award:
Clause 18.1- Rates of Pay
Clause 21 - Inclement Weather
Subclause 24.1 - Industry Allowance
Subclause 24.2 - Underground Allowance
Clause 25 - Special Rates
Clause 37 - Living Away from Home - Distance Work
Clause 38 - Travel Allowance
(b) An employee
employed on work prescribed in paragraph (a) of this subclause on any part of
the day shall be paid the wage rates prescribed for the whole of that day.
Where such entitlement occurs on three or more days in any pay week, such
employee shall be paid the wage rate as prescribed for the whole of that week.
11. APPRENTICES
11.1 Trades for
which an apprenticeship shall be established are as follows:
(a) Shopfitting
and/or Joinery.
(b) "Apprentice
Joiner" means a person employed as an apprentice joiner on all or any
aspect of joinery in all or any material and related work.
(c) "Apprentice
Shopfitter and Joiner" means a person employed as an apprentice shopfitter
and/or joiner upon shopfitting work or joinery work, and upon any work
ordinarily performed by shopfitters and joiners in any workshop, establishment,
yard or site as defined in this clause. Without limiting the generality of the
foregoing, the work of shopfitters and/or joiners may include:
(i) work in
connection with prefabricated units;
(ii) the
erection of curtain walling and the fixing of external wall cladding;
(iii) the
erection of metal windows or doors;
(iv) all work
including the use of whatever tools and materials are necessary in regard to
the manufacture, installation, alteration and/or repair of shopfronts,
showcases, exhibitors' stands and interior fittings and fixtures (including
counters, shelves, cupboards, vanities, robes, etc.) in or on buildings and the
erection or installation of partitions including partitions involving wrap‑around
glazing and the erection or installation of partitions including the insertion
of glass panels where the glass is 6.35 mm or less in thickness by beads or
moulds or other dry glazing methods;
(v) provided
that the drawing or shaping of metal is not required in respect of subparagraphs
(ii), (iii) and (iv) of this paragraph; and nothing in this definition shall be
construed as giving a shopfitter an exclusive right to the work specified in
subparagraphs (i), (iii) and (iv) of this paragraph.
Prohibition of Labouring Work, etc:
(a) An
apprentice shall be deemed to be working at the trade when the apprentice is
working in association with a tradesperson upon the material and with the tools
of trade usually used by a shopfitter and/or joiner, as the case may be.
(b) An
apprentice shall not perform any work other than with the materials tools of
trade usually used by a shopfitter and/or joiner.
11.3 Fees for
attending school or correspondence class shall be paid by the employer by whom
the apprentice is employed. Such fees shall be paid at the beginning of each
school year.
12. CASUAL EMPLOYMENT
Casual employees, as defined, may be employed under the
terms of this award subject to this clause.
12.1 Engagement
shall be by the hour with a minimum daily engagement of 7.6 hours.
12.2 Termination
of employment shall be by one hour's notice or by the payment or forfeiture, as
the case may be, of the remainder of the day's wages or one hour's pay,
whichever amount is greater.
12.3 (a) An employee shall not be employed as a
casual employee for more than 12 weeks in any 12 months; provided, however,
that such period may be extended to meet the following circumstances:
(i) exceptional
work demands;
(ii) relieving
an employee who is on extended leave or workers' compensation.
(b) Whether it is
known by the employer that the employee is a member of the union, the consent
of the Secretary of the State Branch of the Union shall be obtained. Provided further that the consent shall not
be unreasonably withheld.
(c) Nothing in
subclause 12.3(b) shall be taken to mean that the employer is required to
inquire as to the status of any employee's union membership.
12.4 For each
ordinary hour worked, a casual employee shall be paid the hourly equivalent of
the appropriate weekly wage prescribed by this award for the class of work
performed, plus an additional 20 per cent of that hourly rate. Such loading is in lieu of annual leave,
public holidays not worked, sick leave, jury service and bereavement leave,
prescribed for other employees under this award.
12.5 In the event
that an employee disputes the legitimacy of any agreement for the extension of
casual employment on the grounds it has been obtained through duress or
discrimination, such dispute shall be processed through the Settlement of
Disputes clause contained in this award.
13. PART-TIME EMPLOYMENT
An employee may be engaged on a part-time basis under the
terms of this award, subject to this clause.
13.1 An employee
may be engaged by the week for work on a part-time basis for a constant number
of hours which, having regard to the various ways of arranging ordinary hours,
shall average less than 38 hours per week.
13.2 An employee
so engaged shall be paid per hour 1/38 of the weekly rate prescribed by clause
9, Rates of Pay, for the classification in which the employee is engaged.
13.3 An employee
engaged on a part-time basis shall be entitled to all other benefits available
to full-time employees arising under this award on a proportional basis,
depending on the number of ordinary regular hours worked per week.
13.4 A part-time
employee who works in excess of the hours fixed under the contract of
employment shall be paid overtime in accordance with clause 23, Overtime and
Special Time.
13.5 (a) Where an employer wishes to establish
part-time employment with an employee, and that employee is known by the
employer to be a member of the union the employer shall notify, in writing
(i.e., by prepaid post, certified mail, fax, lettergram etc) the Secretary of
the State Branch of the union. Such
notification must for forwarded at least ten days before any such arrangement
is implemented.
(b) Nothing in
subclause 13.5(a) shall be taken to mean that the employer is required to
inquire as to the status of any employee's union membership.
13.6 In the event
that an employee disputes the legitimacy of any agreement for the establishment
of part-time employment on the grounds it has been obtained through duress or
discrimination, such dispute shall be processed through the Settlement of
Disputes clause contained in this award.
14. PIECEWORK
14.1 Engagement on
a piecework basis may be entered into, provided that:
(a) payment for
such work shall be such as to enable a pieceworker to receive, for an ordinary
day's work under piecework conditions, an amount equal to thirty three and one
third per cent (33 and 1/3%) above the rate that would be paid if the work was
done on a weekly basis;
(b) employees
engaged on piecework shall be entitled to all of the conditions of employment
prescribed in this award for employees on hourly or weekly rates;
14.2 piecework and
piecework rates and conditions shall not apply outside the award, except by way
of an enterprise award/enterprise agreement registered pursuant to the Industrial Relations Act 1996.
15. UNAPPRENTICED JUNIORS
15.1 (a) Subject to as hereinafter provided, an
employer may employ unapprenticed juniors in any of the classifications of
paragraph 9.2(b) Rates of Pay. Provided that the proportion is one
unapprenticed junior to four adult employees employed in the classification in
any one factory. The proportion shall be calculated on the number of adult
employees who have been so employed by the employer for the previous six
months. Provided further that the aforesaid proportion may be exceeded with the
consent in writing of the Secretary of the union (where applicable) and in
accordance with the terms of any such consent.
(b) This
subclause (15.1) shall apply not only at the point of engagement of an
unapprenticed junior, but also thereafter. The said proportion, including a
variation of that proportion, (with the consent of the Secretary (where
applicable)) shall not be exceeded at any time even though not exceeded at the
time of the engagement of the last engaged unapprenticed junior.
15.2 An employer shall,
within 14 days of the commencement of employment of an unapprenticed junior,
notify the Union Secretary (where applicable) by registered letter of the
commencement of employment and of the total number of adult employees and
unapprenticed juniors employed by the employer in each classification at the
time of the aforesaid commencement.
15.3 The union, if
at any time it is of the opinion that the employment generally of unapprenticed
juniors or the employment in a particular case of unapprenticed juniors or any
unapprenticed junior should not be allowed, may apply to the Industrial
Relations Commission of New South Wales to which the industries and callings to
which this award relates are assigned for determination of any issue arising in
relation to such opinion.
16. SUPPORTED WAGE EMPLOYEES
(a) Definition -
This clause defines the conditions which will apply to employees who because of
the effects of a disability are eligible for a supported wage under the terms
of this award. In the context, the following definitions will apply:
'
(i) Supported
Wage System' means the Commonwealth Government system to promote employment for
people who cannot work at full award wages because of a disability, as
documented in "(Supported Wage System: Guidelines and Assessment
Process)".
(ii) 'Accredited
Assessor' means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
'
(iii) 'Disability
Support Pension' means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, as amended from time to time, or any successor to that scheme.
'
(iv) Assessment
Document' means the form provided for under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(b) Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productive capacity and who meet the impairment
criteria for receipt of a Disability Support Pension.
(The clause does not apply to any existing employee who has
a claim against the employer which is subject to the provisions of workers'
compensation legislation or any provision of this award relating to the
rehabilitation of employees who are injured in the course of their current
employment).
The Award does not apply to employers in respect of their
facility, program, undertaking, service or the like which receives funding
under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of or are eligible for a disability
support pension, except with respect to an organisation which has received
recognition under section 10 or section 12A of the Act, or if a part only has
received recognition, that part.
(c) Supported
Wage Rates - Employees to whom this clause applies shall be paid the
appropriate percentage of the minimum rate of pay prescribed by this award for
the class of work which the person is performing according to the following
schedule:
Assessed Capacity
(subclause (d))
|
% of Prescribed
Award Rate
|
10%*
20%
30%
40%
50%
60%
70%
80%
90%
|
10%
20%
30%
40%
50%
60%
70%
80%
90%
|
(Provided that the minimum amount payable shall be not less
than $45 per week).
* Where a person's assessed capacity is
10 per cent, they shall receive a high degree of assistance and support.
(d) Assessment
of Capacity - For the purpose of establishing the percentage of the award rate
to be paid to an employee under this Award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument by either:
(i) the
employer and a union party to the Award, in consultation with the employee or,
if desired by any of these;
(ii) the
employer and an accredited Assessor from a panel agreed by the parties to the
award and the employee.
(e) Lodgement of
Assessment Document -
(i) All
assessment documents under the conditions, including the appropriate percentage
of the award wage to be paid to the employee, shall be lodged by the employer
with the Registrar of the Industrial Relations Commission.
All assessment documents shall be agreed and signed by the
parties to the assessment, provided that where a union which is party to the
Award, is not a party to the assessment, it shall be referred by the Registrar
to the union by certified mail and will take effect unless an objection is
notified to the Registrar within ten working days.
(f) Review of
Assessment - The assessment of the appropriate percentage should be subject to
annual review or earlier on the basis of a reasonable request for a
review. The process of review must be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
(g) Other Terms
and Conditions of Employment - Where an assessment has been made, the
appropriate percentage will apply to the wage rate only. Employees covered by
the provisions of the clause will be entitled to the same terms and conditions
of employment as all other workers covered by this Award paid on a pro-rata
basis.
(h) Workplace
Adjustment - An employer wishing to employ a person under the provisions must
take reasonable steps to make changes in the workplace to enhance the
employee's capacity to do the job.
Changes may involve redesign of job duties, working time arrangements
and work organisation in consultation with other workers in the area.
(i) Trial
Period -
(i) In order
for an adequate assessment of the employee's capacity to be made, an employer
may employ a person under the provisions for a trial period not exceeding 12
weeks, except that in some cases additional work adjustment time (not exceeding
four weeks) may be needed.
(ii) During the
trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$45 per week.
(iv) Work trials
should include induction or training as appropriate to the job being trialled.
(v) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into based on the outcome of assessment under subclause (d)
hereof.
17. INDUSTRY ALLOWANCE
To compensate for the disabilities associated with the
industry an Employee shall be paid an Industry Allowance. The rate for the
allowance shall be as set out in Item 2 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
18. TOOL ALLOWANCE
18.1 An Employee
shall be paid a Tool Allowance. The
rate for the allowance shall be as set out in Item 3 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates.
Shopfitter and/or joiner apprentices shall be paid a tool
allowance as set out in Item 4 of the said Table 2.
Provided that the employer shall provide the following tools
when they are required for the work to be performed by shopfitter and/or joiner
apprentices:
Dogs and cramps of all descriptions over 60 cm long, augers
of all sizes, star bits not ordinarily used in a brace, hammers (except claw
hammers and tack hammers), glue pots and glue brushes, dowel plates, trammels
and thumbscrews.
An employer may, by agreement with the apprentice's parent
or guardian, elect to provide the apprentice with a kit of tools and, subject
to establishing the value of the tools at the time of so providing, deduct the
tool allowance until the cost of tools is reimbursed.
In the event of an apprentice being dismissed or leaving
his/her employment before the cost of the tool kit has been reimbursed, the
employer shall be entitled to:
(i) deduct from
any moneys owing to the apprentice the amount then owing; or
(ii) by
agreement, retain tools at the originally nominated value to the amount still
owing.
Provided further that where a tool allowance is paid to
apprentices the employer may, from time to time, inspect tools provided by an
apprentice and if not satisfied that reasonable tools are being provided and
kept in serviceable condition, having regard to the quantum of tool allowance
paid, may furnish or render serviceable such tools and deduct the cost thereof
from the tool allowance payments thereafter becoming due.
Any question arising out of the provisions shall be referred
to the Industrial Relations Commission of New South Wales.
18.2 Provided that
where an employer makes a definite decision to provide a tradesperson's tools
(and such decision is conveyed in writing to his/her employees), then such
employer must provide all the tools reasonably required by the tradesperson to
perform all the functions of his/her employment, and in such cases no tool allowance
shall be payable. Further provided that, in such cases:
(a) an employee
provided with tools of trade by the employer shall not be responsible for the
loss of such tools where the loss is outside the control of the employee;
(b) an employee
provided with tools of trade by the employer shall replace all or any tools of
trade lost due to the negligence of the employee; provided that, where the
tools of trade are locked in a secure location provided by the employer, or at
the employer's premises, the employee shall not be held responsible for the
loss.
This subclause, however, should not apply to employees
employed as at 3 November 1993, or apprentices, unless otherwise agreed between
the parties.
19. FARES AND TRAVELLING
ALLOWANCE
Where an employee is required to carry out construction work
as defined, such employee shall be paid the fares and travelling allowance as
per the provisions of clause 38 Fares and Travel Patterns Allowance of the
Building and Construction Industry (State) Award.
20. SPECIAL RATES
20.1 In addition
to the rates otherwise prescribed, the following extra rates shall be paid:
(a) Insulation:
An employee handling charcoal, pumice, granulated cork, silicate of cotton,
insulwool, slag wool or other recognised insulating material of a like nature
or working in the immediate vicinity so as to be affected by the use thereof,
shall be paid the amount as set out in Item 5 of Table 2.
(b) Hot Work: An
employee working for more than one hour in the shade where the temperature is
raised by artificial means to between 46 and 54 degrees Celsius shall be paid
the amount as set out in Item 6 of Table 2 employees working in temperatures
exceeding 54 degrees Celsius shall be paid the amount as also set out in the
said Item 6.
Where work continues for more than two hours in such
temperature exceeding 54 degrees Celsius, the employee shall be entitled to 20
minutes' rest after two hours' work without loss of pay, not including the
special rate provided by this subclause.
The temperature shall be decided by the employer after
consultation with the employee who claims the special rate.
(c) Cold Work:
An employee working for more than one hour in a place where the temperature is
reduced by artificial means to below 0 degrees Celsius shall be paid the amount
as set out in Item 7 of Table 2 where such work continues for more than two
hours, the employee shall be entitled to 20 minutes' rest after every two
hours' work without loss of pay, not including the special rate provided by
this subclause.
(d) Confined
Space: An employee required to work in a confined space (as defined) shall be
paid per hour or part thereof an amount as set out in Item 8 of Table 2.
(e) Dirty Work:
An employee engaged in unusually dirty work shall be paid as set out in Item 9
of Table 2.
(f) Second‑hand
Timber: whilst working with second‑hand timber, an employee's tools are
damaged by nails, dumps or other foreign matter on the timber, the employee
shall be entitled to an allowance per day as set out in Item 10 of Table 2 on
each day upon which the employee's tools are damaged, provided that no
allowance shall be payable under this clause unless it is reported immediately
to the employer's representative on the job in order that the employee may
prove the claim.
(g) Computing
Quantities: Employees who are regularly required to compute or estimate
quantities of materials in respect to the work performed by other employees
shall be paid an additional amount per day or part thereof as set out in Item
11 of Table 2.
Provided that this allowance shall not apply to an employee
classified and paid as a leading hand or setter‑out.
(h) Fumes: An
employee required to work in a place where fumes of sulphur or other acid or
other offensive fumes are present shall be paid such rates as are agreed upon
between the union and the employer; provided that, in default of agreement, the
matter may be referred to a Board of Reference for the fixation of a special
rate.
Any special rate so fixed shall apply from the date the
employer is advised of the claim and thereafter shall be paid as and when the
fume condition occurs.
(i) Explosive‑powered
Tools: An operator of explosive‑powered tools who is required to use an
explosive‑powered tool, shall be paid as set out in Item 12 of Table 2
for each day on which such a tool is used.
(j) Toxic
Substances:
(i) Employees
required to use toxic substances shall be informed by the employer of the
health hazards involved and instructed in the correct and necessary safeguards
which must be observed in the use of such materials.
(ii) Employees
using such materials will be provided with and shall use all safeguards as are
required by the appropriate Government authority or, in the absence of such
requirement, such safeguards as are determined by a competent authority or
person chosen by the union and the employer.
(iii) Employees
using toxic substances or materials of a like nature shall be paid per hour
extra as set out in Item 13 of Table 2. Employees working in close proximity to
employees so engaged shall be paid per hour extra as set out in the said Item
13.
(iv) For the
purpose of this paragraph, toxic substances shall include epoxy‑ based
materials which include or require the addition of a catalyst hardener and
reactive additives or two‑pack catalyst system shall be deemed to be
materials of a like nature.
(k) Asbestos:
Employees required to use materials containing asbestos or to work in close
proximity to employees using such materials shall be provided with and shall
use all necessary safeguards as required by the appropriate occupational health
authority. Such safeguards include the mandatory wearing of protective
equipment (i.e., combination overalls and breathing equipment or similar
apparatus). Such employees shall be paid as set out in Item 14 per hour whilst
so engaged.
(l) Grindstone
Allowance: The employer shall make available for the use of joiners, during
working hours, a suitable grindstone or wheel together with power (hand or
mechanically driven) for turning it. If a grindstone or wheel is not made
available the employer shall pay to each joiner the amount per week as set out
in Item 15 of Table 2 in lieu of same.
(m) Asbestos
Eradication: This paragraph shall apply to employees engaged in the process of
asbestos eradication on the performance of work within the scope of this award.
(i) Definition:
Asbestos eradication is defined as work on or about a building, involving the
removal or any other method of neutralisation of any materials which consist
of, or contain, asbestos.
(ii) Control:
All aspects of asbestos eradication work shall be conducted in accordance with
the Occupational Health and Safety Regulations.
(iii) Rate of
Pay: In addition to the rates prescribed, an employee engaged in asbestos
eradication (as defined) shall receive the amount per hour worked as set out in
Item 16 of Table 2 in lieu of special rates as prescribed in this clause, with
the exception of paragraphs (b), Hot Work, (c), Cold Work, and (f), Second‑hand
Timber, of this subclause.
Other conditions: The conditions of employment, rates and
allowances, except in so far as they are otherwise specified in this subclause,
shall be the conditions of employment, rates and allowances of the award as
varied from time to time.
20.2 Conditions
Respecting Special Rates:
(a) The special
rates prescribed in this clause shall be paid when incurred, irrespective of
the times at which work is performed, and shall not be subject to any premium
or penalty conditions.
(b) Where more
than one of the above rates provides payments for disabilities of substantially
the same nature, then only the highest of such rates shall be payable.
21. HOURS
21.1 Ordinary
Hours of Work -
(a) Except as
provided elsewhere in this award, the ordinary working hours shall be 38 or an
average of 38 hours per week worked on the following basis:
Ordinary hours shall be worked as a 20 day, four‑week
cycle of eight hours each on Monday to Friday, inclusive, between the hours of
6.00 a.m. and 7.00 p.m. with 0.4 of one hour of each day worked accruing as an
entitlement to take one day in each cycle as a rostered day off, paid for as
though worked.
Where it is agreed between employees, the appropriate union
(where applicable) and the employer that the one day off per cycle is not
practicable, then agreement may be reached in writing on an alternative method
of implementing reduced hours, e.g.:
(1) 38 hours
within a work cycle not exceeding seven consecutive days; or
(2) 76 hours
within a work cycle not exceeding 14 consecutive days; or
(3) 114 hours
within a work cycle not exceeding 21 consecutive days; or
(4) 152 hours
within a work cycle not exceeding 28 consecutive days; or
(5) any other work cycle during which a
weekly average of 38 ordinary hours are worked as may be agreed; or
(6) any other method mutually agreed between
the employer, employees and branch Secretary of the appropriate union (where
applicable).
(b) An employer
shall employ a system of rostered days off by any of the following methods:
(i) by fixing
one weekday in a particular work cycle on which all employees will be off; or
(ii) by
rostering employees off on various days of the week in a particular work cycle
so that each employee has one day off during that cycle; or
(iii) by any
other method which best suits the enterprise and is agreed to by the employer
and a majority of employees in the affected factory workshop or section of the
enterprise.
Provided that any existing arrangement shall not be altered
without the agreement of a majority of employees in the affected factory
workshop or section of the enterprise, in which case the employer shall notify
the appropriate union (where applicable).
(c) Where any
rostered day off, prescribed by paragraph (b) of this subclause, falls on a
public holiday as prescribed in clause 25, Public Holidays and Holiday Work,
the next working day shall be taken in lieu of the rostered day off unless an
alternative day in that four‑week cycle or the next is agreed upon in
writing between the employer and the employee.
(d) Each day of
paid leave taken (except a rostered day off) and any holiday prescribed in the
said clause 25 occurring during any cycle of four weeks shall be regarded as a
day worked for accrual purposes.
(e) An employee
who has not worked, or is not regarded by reason of paragraph (d) of this
subclause as having worked, a complete 19‑day, four‑week cycle
shall receive pro rata accrued entitlements for each day worked or regarded as
having been worked in such cycle, payable for the rostered day off or, in the
case of termination of employment, on termination.
(f) Except
where agreement has been reached in accordance with paragraphs (a) and (b) of
this subclause, the following procedure shall apply to work on rostered days
off:
The prescribed rostered day off or any substituted day may
be worked where that is required by the employer and such work is necessary to
allow other employees to be employed productively or to carry out out‑of‑hours
maintenance or because of unforeseen delays to a particular project or a
section of it or for other reasons arising from unforeseen or emergency
circumstances on a project; in which case, in addition to accrued entitlements,
the employee shall be paid penalty rates and provisions as prescribed for
Saturday work in clause 24, Weekend Work (but shall not be entitled to a day
off in lieu thereof).
21.2 Alternative
Working Arrangement - By due consultation and written agreement between the
employer, the employees and/or the Branch Secretary of the appropriate union
(where applicable) ordinary hours of work may be altered from those allowed
under this clause, clause 22, Rest Periods, Meals and Crib Time, or clause 23,
Overtime and Special Time, to suit the needs of a particular enterprise,
factory, workshop or section, subject to:
(a) the
agreement of at least 60 per cent of employees in the section of the
enterprise, factory or workshop affected by the change; and
(b) no employee
experiencing a loss of ordinary‑time pay or status as a result of the
alternative arrangement.
Such an arrangement shall, where there is an inconsistency
with any term of the above‑mentioned clauses, prevail over the clause or
clauses to the extent of the inconsistency.
For the purposes of this subclause, "section"
means a clearly identifiable production process.
22. REST PERIODS, MEALS AND
CRIB TIME
22.1 There shall
be a cessation of work and of working time, of not less than 30 minutes, for
the purpose of a meal on each day, to be taken no less than four hours and no
later than six hours after the commencement of work. Existing arrangements may be varied by agreement and such
agreement processed under the procedure prescribed in paragraph (c) of
subclause 21.1 of clause 21, Hours.
22.2 There shall
be allowed, without deduction of pay, a rest period of ten minutes between 9.00
a.m. and 11.00 a.m.
22.3 When an
employee is required to work overtime after the usual ceasing time the day or
shift for two hours or more, the employee shall be allowed to take, without
deduction of pay, a crib time of 20 minutes in duration immediately after such
ceasing time and thereafter, after each four hours of continuous work, the
employee shall be allowed to take, also without deduction of pay, a crib time
of 30 minutes in duration. In the event of an employee remaining at work after the
usual ceasing time without taking the crib time of 20 minutes and continuing at
work for a period of two hours or more, the employee shall be regarded as
having worked 20 minutes more than the time worked and be paid accordingly.
22.4 Where shift
work comprises three continuous and consecutive shifts of eight each per day,
inclusive of time worked for accrual purposes as prescribed in clause 20,
Hours, and clause 26, Shift Work, a crib time of 20 minutes in duration shall
be allowed without deduction of pay in each shift, such crib time being in lieu
of any other rest period r cessation of work elsewhere by this award.
The provision of the above subclause shall not apply in the
case of an who is allowed the rest period prescribed in paragraph 20.1 (b) and
(c).
22.5 For the
purposes, "usual ceasing time" is at the end of ordinary hours
inclusive of time worked for accrual purposes as prescribed in the said clauses
21 and 26.
23. OVERTIME AND SPECIAL TIME
23.1 All time
worked beyond the ordinary time of work, inclusive of time worked for accrual
purposes as prescribed in clause 20, Hours, shall be paid for at the rate of
one and a half times ordinary rates for the first two hours thereof and at
double time thereafter.
23.2 An employee
recalled to work overtime after leaving the employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of three hours' work at the appropriate rates for each time the
employee is so recalled; provided that, except in the case of unforeseen
circumstances arising, the employee shall not be required to work the full
three hours if the job he employee or she was recalled to perform is completed
within a shorter period.
This subclause shall not apply in cases where it is customary
for an employee to return to the employer's premises to perform a specific job
outside the ordinary working hours or where the overtime is continuous (subject
to a reasonable meal break) with the completion or commencement of ordinary
working time.
23.3 If an
employer requires an employee to work during the time prescribed by clause 22,
Rest Periods, Meals and Crib Time, for cessation of work for the purpose of a
meal, the employer shall allow the employee whatever time is necessary to make
up the prescribed time of cessation, and the employee shall be paid at the rate
of double time for the period worked between the prescribed time of cessation
and the beginning of the time allowed in substitution for the prescribed
cessation time; provided, however, that the employer shall not be bound to pay
in addition for the time allowed in substitution for the prescribed cessation
time; and provided also that if the cessation time is shortened at the request
of the employee to the minimum of 30 minutes prescribed in the said clause 22,
or to any other extent (not being less than 30 minutes) the employer shall not
be required to pay more than the ordinary rates of pay for the time worked as a
result of such shortening, but such time shall form part of the ordinary
working time of the day.
23.4 Overtime work
performed by shift workers employed on the second or third shifts of a day when
two or three shifts are worked shall be paid for at twice the ordinary rates of
payment.
23.5 No apprentice
under 18 years of age shall be required to work overtime or shift work unless
the employee so desires. No apprentice shall, except in an emergency, work or
be required to work overtime or shift work at times which would prevent
attendance at technical school, as required by any statute, award or regulation
applicable to the employee.
23.6 When an
employee, after having worked overtime and/or a shift for which the employee
has not been regularly rostered, finishes work at a time when reasonable means
of transport are not available, the employer shall provide the employee with
conveyance to the employee's home or to the nearest public transport.
23.7 An employee
who works so much overtime:
(a) (i) between the termination of the
employee's ordinary work day or shift and the commencement of the employee's
ordinary work in the next day or shift that the employee has not had at least
ten consecutive hours off duty between those times; or
(ii) on
Saturdays, Sundays and holidays, not being ordinary working days or on a
rostered day off, without having had ten consecutive hours off duty in the 24
hours preceding the employee's next ordinary day or shift, shall, subject to
this subclause, be released after completion of such overtime until the
employee has had ten hours off duty without loss of pay for ordinary working
time occurring during such absence.
(b) If, on the
instruction of the employer, such an employee resumes or continues to work
without having had such ten consecutive hours off duty the employee shall be
paid at double rates until the employee is released from duty for such period
and the employee shall then be entitled to be absent until the employee has had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(c) The
provisions of this subclause shall apply in the case of shift workers as if
eight hours were substituted for ten hours when overtime is worked:
(i) for the
purpose of changing shift rosters; or
(ii) where a
shift worker does not report for duty and a day worker or a shift worker is
required to replace such shift worker; or
(iii) where a
shift is worked by arrangement between the employees themselves.
23.8 An employer
may require any employee to work reasonable overtime at overtime rates and such
employee shall work overtime in accordance with such requirement, except as
provided for in subclause 23.5.
23.9 An employee
who has worked continuously (except for meal or crib times allowed by this
award) for 20 hours shall not be required to continue at or recommence work for
at least 12 hours.
24. WEEKEND WORK
24.1 Overtime work
on Saturday shall be paid for at the rate of time and a half for the first two
hours and double time thereafter, provided that all overtime worked after noon
on Saturday shall be paid for at the rate of double time.
24.2 All time
worked on Sundays shall be paid for at the rate of double time.
24.3 An employee
required to work overtime on a Saturday or on a Sunday shall be afforded and
paid for at least three hours work on a Saturday or four hours work on a Sunday
at the appropriate rate.
24.4 An employee
working overtime on Saturday or on a Sunday shall be allowed, without deduction
of pay, a rest period of ten minutes.
24.5 An employee
working overtime on a Saturday or working on a Sunday shall be allowed a paid
crib time of 20 minutes after four hours work, to be paid for at the ordinary
rate of pay, but this provision shall not prevent any arrangements being made
for the taking of a 30 minute meal period, the time in addition to the paid 20
minutes shall be without pay.
In the event of an employee being required to work in excess
of a further four hours, the employee shall be allowed to take a paid crib time
of 30 minutes which shall be paid at the ordinary rate of pay.
25. PUBLIC HOLIDAYS AND HOLIDAY
WORK
25.1 An employee,
other than a casual employee (as defined), shall be entitled to the following
holidays without deduction of pay: New Year's Day, Australia Day, Good Friday,
Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight‑hour
Day or Labour Day, Christmas Day, Boxing Day or such other day as is generally
observed in a locality as a substitute for any of the said days respectively.
Provided that if any other day be, by a State Act of Parliament or State
Proclamation, substituted for any of the said holidays, the day so substituted
shall be observed.
25.2 In addition
to the holidays prescribed in subclause 25.1 , an additional public holiday
shall apply to an employee in the State in the manner set out below:
Picnic Day (being the first Monday in December).
All employees shall, as far as practicable, be given and
shall take this day as picnic day without deduction of pay. An employer may
require from an employee evidence of his/her attendance at the picnic and the
production of a butt of a picnic ticket issued for the picnic shall be
sufficient evidence of such attendance. Where such evidence is requested by the
employer, payment need not be made unless the evidence is produced. Where an
employer holds a regular picnic for their employees on some other working day
during the year such day may be given and may be taken as a picnic day in lieu
of the picnic day here fixed.
This clause shall apply to apprentices working within the
Counties of Cumberland, Northumberland and Camden and in such other areas where
a picnic organised by the union is held.
The provisions shall not apply to any apprentice who is
required to attend a technical college or other institution for the purpose of
receiving instruction and/or submitting themself for any examination. In such
case the employer and apprentice mutually may agree that the apprentice shall
be allowed another working day off with pay in lieu of the picnic day. Where
this is not practicable, the apprentice shall be paid at the overtime rates
prescribed herein.
25.3 Provided that
an employer whose business is situated near a State or Territory border and
whose operations traverse the border may elect to follow a particular State or
Territory's public holidays, subject to agreement with the union (where
applicable).
25.4 For the
purpose of this award, "Show Day" shall mean the local show day in
cities, towns or districts of the State when that day, in the locality of the
employer's premises, occurs on an employee's ordinary working day.
25.5 By agreement
between any employer and the union (where applicable) other day(s) may be
substituted for the said day(s).
25.6 Where in a
State or locality within a State an additional public holiday, excluding Show
Day, is proclaimed or gazetted by the authority of the Commonwealth Government
or of a State or Territory Government and such proclaimed or gazetted holiday
is to be observed generally by persons throughout that State or a locality
thereof, other than those covered by Federal awards, or when such a proclaimed
or gazetted day is, by any required judicial or administrative order, to be so
observed, then such day shall be deemed to be a holiday for the purposes of
this award for employees covered by this award who are employed in the State or
locality in respect of which the holiday has been proclaimed or ordered as
required. Provided that an employee shall not be entitled to the benefit of
more than one holiday upon such occasion.
25.7 All work
performed on any of the holidays prescribed in this clause or substituted in
lieu thereof, shall be paid for at the rate of double time and a half An
employee required to work on a holiday shall be afforded at least four hours
work or be paid for four hours at the appropriate rate.
25.8 An employee
shall not be entitled to receive payment for such public holidays unless the
employee has worked as required by the employer the working day immediately
before and the working day immediately after such a holiday, or is absent with
the permission of the employer or is absent with reasonable cause. Absences
arising by termination of employment by the employee shall be reasonable cause.
26. SHIFT WORK
26.1 Except as
otherwise prescribed in this clause, where work is performed in shifts the following
conditions shall apply:
For the purposes:
"Afternoon shift" means a shift finishing at or
after 9.00 p.m. and at or before 11.00 p.m.
"Night shift" means a shift finishing after 11.00
p.m. and at or before 7.00 a.m.
"Early morning shift" means a shift finishing
after 12.30 p.m. and before 2.00 p.m.
"Early afternoon shift" means a shift finishing
after 7.30 p.m. and before 9.00 p.m.
Other than work on a Saturday, Sunday or holiday, the rate
of pay for afternoon or night shift shall be time and a half and the rate for
early morning and early afternoon shift shall be time and a quarter, provided
that the employee is employed continuously for five shifts, Monday to Friday,
in any week. The observance of a holiday in any week shall not be regarded as a
break in continuity for the purposes of this subclause.
26.2 An employee
who is employed for less than five consecutive shifts, Monday to Friday, shall
be paid for each day the employee works on any of the shifts referred to in
subclause 26.1, at the rate of time and a half for the first two hours and
double time thereafter; provided that when a job finishes after proceeding on
shift work for more than one week, or the employee terminates his/her services
during the week, the employee shall be paid at the rate specified in the said
subclause 26.1 for the time actually worked.
26.3 (a) The ordinary hours of both afternoon and
night shift shall be eight hours daily inclusive of meal breaks. Provided that
where shift work comprises three continuous and consecutive shifts of eight
hours each per day, a crib time of twenty minutes in duration shall be allowed
without deduction of pay in each shift, such crib time being in lieu of any
other rest period or cessation of work elsewhere prescribed by this award.
Employees on shift work shall accrue 0.4 of one hour for
each eight‑hour shift worked to allow one complete shift to be taken off
as a paid shift for every twenty‑shift cycle. This twentieth shift shall
be paid for at the appropriate shift rate as prescribed by this clause.
Paid leave taken during any cycle of four weeks and public
holidays as prescribed by clause 25, Public Holidays and Holiday Work, shall be
regarded as shifts worked for accrual purposes.
Except as provided above, employees not working a complete
four‑week cycle shall be paid accrued pro rata entitlements for each
shift worked on the programmed shift off or, in the case of termination of
employment, on termination.
The employer and employees shall agree in writing upon
arrangements for rostered paid days off during the twenty‑day cycle or
for accumulation of accrued days to be taken at or before the end of the
particular contract, provided that such accumulation shall be limited to no
more than five such accrued days and, when taken, the days shall be regarded as
days worked for accrual purposes in the particular twenty‑shift cycle.
Once such days have been rostered they shall be taken as
paid days off; provided that where an employer, for emergency reasons, requires
an employee to work on the employee's rostered day off, the employee shall be
paid, in addition to the employee's accrued entitlement, the penalty rates
prescribed in subclause 26.7.
(b) For the
purpose an employee shall not be required to work for more than five hours
without a meal break.
26.4 An employee
shall be given at least forty‑eight hours' notice of a requirement to
work shift work.
26.5 The hours for
shift workers, when fixed, shall not be altered, except for breakdowns or other
causes beyond the control of the employer; provided that notice of such
alteration shall be given to the employee not later than ceasing time of the
previous shift.
26.6 For all work
performed on a Saturday, Sunday or holiday, the provisions of clause 23,
Overtime and Special Time, clause 24, Weekend Work, and clause 25, Public
Holidays and Holiday Work, shall be applicable in lieu of the rate prescribed
in this clause.
26.7 Work in
excess of shift hours, Monday to Friday, other than holidays, shall be paid at
double time, provided that these rates shall be based in each case on ordinary
rates.
26.8 Shift work
hours shall be worked between Monday to Friday, inclusive, provided that an
ordinary night shift commencing before, and extending beyond, midnight Friday
shall be regarded as a Friday shift.
26.9 The
variations to this clause shall not apply so as to reduce the rates of pay
and/or conditions of work of any employee.
27. MEAL ALLOWANCE
An employee required to work overtime for at least one and a
half hours after working ordinary hours shall be paid by the employer an amount
as set out in Item 17 of Table 2 of Part B to meet the cost of a meal.
28. SUPERANNUATION
28.1 Definitions:
(a) "Employee"
means a person employed under the terms of this award and includes apprentices.
(b) "Approved
fund" shall mean any one of the following funds:
Allied Construction Employees Superannuation Scheme or the
Australian Superannuation Saving Employment Trust, as amended from time to
time, and includes any superannuation scheme which may be made in succession
thereto. See the Industrial Relations Act 1996.
(c) "Ordinary‑time
earnings" of an employee shall, for the purposes of this award, mean the
classification rate, industry allowance, tool allowance and, where applicable,
supplementary payments, leading hand allowances and shift work premiums.
(d) "Participating
employer" shall mean an employer who has signed a deed of adherence to the
trust deed of an approved fund.
(e) "The
Union" means the Construction, Forestry, Mining and Energy Union (New
South Wales Branch).
28.2 Parties
Bound: This clause shall apply to and be binding upon:
(a) Construction,
Forestry, Mining and Energy Union (New South Wales Branch) (where applicable).
(b) All employer
respondents to the award in respect of their employees carrying out duties
within the scope of this award.
28.3 Employer
Contributions:
(a) After
consultation with the employees, the employer shall nominate the approved fund
to which the contributions shall become payable and shall apply to the Trustee
of the fund to become a participating employer; and each employee shall make
application to be a member of the "approved fund".
(b) Each
employer shall pay to the Trustee of the "approved fund" (except as
prescribed in subclause 28.5 on behalf of each employee covered by this award,
an amount equivalent to not less than three per cent of ordinary‑time
earnings (as defined) per pay period or not less than three per cent of
ordinary time earnings (as defined) per pay period rounded to the nearest whole
dollar.
28.4 Employers
Bound by Other Schemes - An employer already paying contributions on behalf of
an employee to a pre‑existing superannuation scheme shall not be required
to make additional contributions in accordance with subclause 28.3 where:
(a) contributions
have been made in respect of a period of work to the Construction + Building
Unions Superannuation scheme (C+BUS), the Construction Employees Consolidated
Fund, and the Combined Trade Union Retirement Fund, or similar recognised on‑site
schemes;
(b) employer
contributions have been made on behalf of an employee to a fund which conforms
to the Government's operational standards for occupational superannuation; any
such employer shall be exempt from the operation , provided that such employer
contribution is not less than that stipulated in subclause 28.3 .
28.5 Majority -
Where the majority of employees in a particular off‑site establishment
are already covered by a pre‑existing superannuation scheme which
conforms to the Commonwealth Government's operational standards for
occupational superannuation, this clause will not apply, provided that the
employer is making contributions at a rate not less than three per cent of
ordinary‑time earnings for each employee otherwise covered by this
clause.
28.6 Apprentices
indentured to group apprenticeship schemes shall be exempt from the provisions.
28.7 Unpaid
Absences: An employer shall not be required to make a contribution on behalf of
an employee who is absent from work without pay.
28.8 Employee
Contributions:
(a) Subject to
the rules of the fund, employees who may wish to make contributions to the fund
additional to those being paid pursuant to subclause 28.3 shall be entitled to
do so. Such employees may either forward their own contribution directly to the
fund administrators or, where it is practicable to do so, authorise the
employer to pay into the fund from the employee's wages amounts specified by
the employee.
(b) Additional
employee contributions to the fund forwarded by the employer at the employee's
request shall be subject to the following conditions:
(i) The amount
of contributions shall be expressed in whole dollars.
(ii) Employees
shall have the right to adjust the level of their own contributions from the
first of the month following the giving of one month's written notice to the
employer. Provided that, by agreement with the employer, employees may at other
times vary their additional contribution in extenuating circumstances.
28.9 Cessation of
Contributions - An employee's eligibility for employer contributions to the
fund will cease on the last day of employment with the respondent employer and
the respondent employer shall not make any contributions to the fund in respect
of any period beyond that last day of employment
28.10 Approved
Status: Should the scheme lose its approved status under the Income Tax Assessment Act 1936, or if
the scheme fails to conform fully to the standard laid down by the office of
the Occupational Superannuation Commissioner the employer may suspend employer
contributions immediately and until such time as compliance is achieved.
29. ANNUAL LEAVE
29.1 Period of
Leave: Subject to the provisions of subclauses 29.2, 29.4 and 29.5, a period of
28 consecutive days, exclusive of any public holidays occurring during the
period, shall be given and taken as leave annually to all employees, other than
casual employees, after 12 months' continuous service (less the period of
annual leave) with an employer.
Provided that where a rostered day off, as prescribed in
clause 20, Hours, or clause 26, Shift Work, falls during the period when annual
leave is taken, payment of accrued entitlements for such day shall be made in
addition to annual leave payments prescribed in paragraph 29.7(b).
29.2 Method of
Taking Leave: Either 28 consecutive days or two separate periods of not less
than seven consecutive days in all cases, exclusive of any public holidays
occurring therein, or, if the worker and the employer so agree, in either two,
three or four separate periods and not otherwise, shall be given and taken
within six months from the date when the right to annual leave accrued.
29.3 Leave Allowed
Before Due Date:
(a) An employer
may allow an employee to take annual leave prior to the employee's right
thereto. In such circumstances, the qualifying period of further annual leave
shall not commence until the expiration of 12 months in respect of which the
leave so allowed was taken.
(b) Where an
employer has allowed an employee to take annual leave pursuant to paragraph (a)
of this subclause, and the employee's services are terminated (by whatsoever
cause) prior to the employee completing the 12 months continuous service for
which leave was allowed in advance, the employer may, for each complete week of
the qualifying period of twelve months not served by the employee, deduct from
whatever remuneration is payable upon the termination of the employment one
fifty‑second of the amount of wages paid on account of the annual leave.
(c) Notwithstanding
anything contained in this subclause, an employee who has worked for 12 months
in the industry with a number of different employers, without taking annual
leave, shall be entitled to take annual leave and be paid one twelfth of an
ordinary week's wages in respect of each completed thirty‑eight hours of
continuous service with the current employer.
29.4 Proportionate
Leave on Termination: Where an employee has given five working days or more
continuous service, inclusive of any day off as prescribed by clauses 21,
Hours, and 26, Shift Work (excluding overtime), and either leaves employment or
employment is terminated by the employer, the employee shall be paid one‑twelfth
of an ordinary week's wages in respect of each completed five working days of
continuous service with the employee's current employer for which leave has not
been granted or paid for in accordance with this award.
29.5 Broken
Service: Where an employee breaks continuity of service by an absence from work
for any reason other than a reason as set out in subclause 31.6, the amount of
leave to which the employee would have been entitled under subclause 31.1 shall
be reduced by one forty‑eighth for each week or part thereof during which
any such absence occurs and the amount of payment in lieu of leave to which the
employee would have been entitled under subclause 31.4 shall be reduced by one‑twelfth
of a week's pay for each week or part thereof during which any such absence
occurs.
Provided, however, that no reduction shall be made in
respect of any absence unless the employer informs the employee in writing of
his/her intention to do so in within 14 days of the termination of the absence.
29.6 Calculation
of Continuous Service: For the purpose, service shall be deemed to be
continuous, notwithstanding an employee's absence from work for any of the
following reasons:
(a) Illness or
accident up to maximum of four weeks after the expiration of paid sick leave.
(b) Bereavement
leave.
(c) Jury
service.
(d) Injury
received during the course of employment and up to a maximum of 26 weeks for
which workers' compensation was received.
(e) Where called
up for military service of up to three months in any qualifying period.
(f) Long
service leave.
(g) Any reason
satisfactory to the employer or, in the event of dispute, to the Industrial
Relations Commission of New South Wales.
Provided that the reason shall not be deemed satisfactory
unless the employee has informed the employer within 24 hours of the time when
the employee was due to attend for work, or as soon as practicable thereafter,
of the reason for the absence and probable duration thereof.
29.7 Payment for
Period of Leave:
(a) Each
employee, before going on leave, shall be paid in advance the wages which would
ordinarily accrue to the employee during the currency of the leave.
(b) Annual Leave
Loading: In addition to the payment prescribed in paragraph (a) of this
subclause, an employee shall receive during a period of annual leave a loading
of 17.5 per cent calculated on the rates, loadings and allowances prescribed by
clauses 9, Rates of Pay, 17, Industry Allowance, and 18, Tool Allowance, and
leading hand rates as set out in Item 1 of Table 2:Other Rates and Allowances,
of Part B, Monetary Rates, if applicable. The loading prescribed above shall
also apply to proportionate leave on lawful termination.
29.8 Service under
Previous Award:
29.9 For the
purpose of calculating annual leave, the service of the employee prior to the
operative date of this award shall be taken into account but an employee shall
not be entitled to leave (or payment in lieu thereof) for any period in respect
of which leave (or payment in lieu thereof) has been allowed or made under any
previous award.
29.10 Annual Close
Down - Notwithstanding anything contained in this award, an employer giving any
leave in conjunction with the Christmas‑New Year holidays may, at the
employer's option, either:
(a) stand off
without pay during the period of leave any employee who has not yet qualified
under subclause 29.1; or
(b) stand off
without pay during the period of leave any employee who has not qualified under
subclause 29.1 and pay (up to the period of leave then given) at a rate of one‑twelfth
of an ordinary week's wages in respect of each thirty‑eight hours
continuous service (excluding overtime).
Provided that where an employer at the employer's option
decides to close down the establishment at the Christmas‑New Year period
for the purpose of giving the whole of the annual leave due to all, or the
majority, of the employees then qualified for such leave, the employer shall
give at least two months' notice to the employees of the employer's intention
to do so.
29.11 Commencement
of Leave, Distant Jobs: If an employee
is still engaged on a distant job when annual leave is granted and the employee
returns to the place of engagement, or, if employed prior to going to country
work, the place regarded as the headquarters, by the first reasonable means of
transport, the employee's annual leave shall commence on the first full working
day following the employee's return to such place of engagement or
headquarters, as the case may be.
29.12 Prohibition of
Alternative Arrangements: An employer shall not make payment to an employee in
lieu of the employee's annual leave or any part thereof except as is provided
for in this clause and no contract, arrangement or agreement shall annul, vary
or vitiate the provisions, whether entered into before or after the
commencement of this award.
30. SICK LEAVE
30.1 (a) An employee other than a casual employee
(as defined) who is absent from his/her work on account of personal illness or
on account of injury by accident, other than that covered by workers'
compensation, shall be entitled to leave of absence without deduction of pay,
subject to the following conditions and limitations:
(i) The
employee shall, within 24 hours of the commencement of such 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.
(ii) The
employee shall prove to the satisfaction of his/her employer (or, in the event
of dispute, the Industrial Relations Commission of New South Wales) that the
employee was unable, on account of such illness or injury, to attend for duty
on the day or days for which sick leave is claimed.
(iii) An employee
during his/her first year of employment with an employer shall be entitled to
sick leave entitlement at the rate of one day at the beginning of each calendar
month for the first ten months of his/her first year of employment.
Provided that an employee who has completed one year of
continuous employment shall be credited with a further ten days' sick leave
entitlement at the beginning of his/her second and each subsequent year, which,
subject to paragraph (e) of this subclause, shall commence on the anniversary
of engagement.
(b) In the case
of an employee who claims to be allowed paid sick leave in accordance with this
clause for an absence of one day only, such employee, if in the year the
employee has already been allowed paid sick leave on two occasions for one day
only, shall not be entitled to payment for the day claimed unless the employee
produces to the employer a certificate of a duly qualified medical practitioner
that, in the medical practitioner's opinion, the employee was unable to attend
for duty on account of personal illness or injury. Provided that 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
injury, in lieu of a medical certificate. Nothing in this subclause shall limit
the employer's rights under subparagraph (a)(ii).
(c) Sick leave
with an employer shall accumulate from year to year so that any balance of the
period specified in subparagraph (a)(iii) of this subclause, which in any year
has not been allowed to an employee by that employer as paid sick leave may be
claimed by the employee and, subject to the conditions herein prescribed, shall
be allowed by that employer in a subsequent year, without diminution of the
sick leave prescribed in respect to that year.
Provided that sick leave which accumulates pursuant to this
subclause shall be available to the employee for a period of six years but for
no longer from the end of the year in which it accrues.
(d) Any sick
leave for which an employee may become eligible under this award by reason of
service with one employer shall not be cumulative upon sick leave for which the
employee may become eligible by reason of subsequent service with another
employer.
(e) If the
employment of an employee is terminated by his/her employer and the employee is
re‑engaged by the same employer within a period of six months, then the
employee's unclaimed balance of sick leave shall continue from the date of re‑engagement.
In such case the employee's next year of service will
commence after a total of 12 months has been served with that employer,
excluding the period of interruption in service from the date of commencement
of the previous period of employment or the anniversary of the commencement of
the previous period of employment, as the case may be.
30.2 Apprentices:
(a) Each
apprentice shall be allowed sick leave of up to a maximum of a fortnight for
each year of apprenticeship. Such sick leave shall be cumulative for the period
of apprenticeship; provided that, in the event of a transfer to another
employer, credit shall not be given for any balance of sick leave not taken
whilst in the service of the previous employer.
(b) For absence
due to sickness of two days or less the parent or guardian shall notify the
employer by telephone and confirm the information by letter furnished on the
day of resumption. Time lost for such
absences shall not be paid for if the absence is not notified in the manner
prescribed.
(c) A medical
certificate shall be furnished for absence in excess of two days.
31. PERSONAL/CARER'S LEAVE
31.1 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 (c)(ii) of this subclause, 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
30, 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 stepchild, 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.
31.2 Unpaid Leave
for Family Purpose:
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph 31.1(c)(ii), who is ill.
31.3 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.
31.4 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.
31.5 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.
31.6 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.
32. PARENTAL LEAVE
Chapter 2 of Part 4 of the Act shall operate as a provision
of this award.
33. BEREAVEMENT LEAVE
33.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death in Australia of a person prescribed in subclause
33.3. Provided that, with the consent of the employer, which consent shall not
be unreasonably withheld, an employee shall, in addition to this entitlement to
paid bereavement leave, be entitled to reasonable unpaid bereavement leave up
to ten working days in respect of the death within Australia or overseas of a
person to whom this clause applies.
33.2 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.
33.3 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, provided
that, for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
33.4 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.
33.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
31.2, 31.3, 31.4, 31.5, 31.6 In determining such a request the employer will
give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
34. JURY SERVICE
An employee required to attend for jury service shall be
entitled to have his/her pay made up by the employer to equal the employee's
ordinary pay as for eight hours per day (inclusive of accrued entitlements
prescribed by clause 21, Hours, or clause 26, Shift Work) plus fares whilst
meeting this requirement. The employee
shall give to the employer proof of his/her attendance and the amount received
in respect of such jury duty.
35. LONG SERVICE LEAVE
See Building and
Construction Industry Long Service Payments Act 1986, and/or the Long Service Leave Act 1955.
36. REDUNDANCY
36.1 Application -
(a) This clause
shall apply to both full‑time and part‑time employees.
(b) This clause
shall apply to employers who employ 15 or more employees (including employees
not covered by this award) immediately prior to the termination of employment
of employees in the terms of subclause 36.4.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be 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.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
36.2 Introduction
of Change -
(a) Employer's
duty to notify:
(i) 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.
(ii) 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 of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer's
duty to discuss change:
(i) The
employer shall discuss with the employees affected and the union to which they
belong, inter alia, the introduction of the changes referred to in paragraph
36.2(a)(i), 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.
(ii) The
discussion shall commence as early as practicable after a definite decision has
been made by the employer to make the changes referred to in paragraph
36.2(a)(i) of this subclause.
(iii) For the
purpose of such discussion, 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 effect 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.
36.3 Redundancy -
(a) Discussions
before terminations:
(i) 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 36.2(a)(i),
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.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (i) of
this paragraph 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.
(iii) For the
purposes of the discussions 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.
36.4 Termination
of Employment -
(a) Notice for
changes in production, programme, organisation or structure: This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure in
accordance with subparagraph 36.2(a)(ii).
(i) 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 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(ii) 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.
(iii) 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.
(b) Notice for
technological change: This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from technology in accordance with subparagraph 36.2(a)(i)
(i) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(ii) 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
(iii) 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.
(c) Time off
during the notice period:
(i) 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.
(ii) If the
employee has been allowed 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.
(d) Employee
leaving during the notice period: If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
as those to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that, in
such circumstances, the employee shall not be entitled to payment in lieu of
notice.
(e) 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.
(f) Notice to
Centrelink: Where a decision has been made to terminate employees, the employer
shall notify 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.
(g) Centrelink
Separation Certificate: The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
(h) Transfer to
lower paid duties: Where an employee is transferred to lower paid duties for
reasons set out in subclause 36.2, 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.
36.5 Severance Pay
-
(a) Where the employment
of an employee is to be terminated pursuant to subclause 36.4, subject to
further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay in respect of a continuous
period of service:
(i) 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
|
(ii) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
45 years of age and over entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(iii) "Week's
pay" means the all‑purpose rate of pay for the employee concerned at
the date of termination and shall include, in addition to the ordinary rate of
pay, overaward payments, shift penalties and allowances paid in accordance with
clause 17, Industry Allowance and clause 19, Tool Allowance.
(b) Incapacity
to Pay: Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this
subclause.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in the said paragraph (a)
will have on the employer.
(c) 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 the said paragraph (a), if the employer obtains
acceptable alternative employment for an employee.
36.6 Savings
Clause - Nothing in this clause shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the union and any employer bound by this award.
37. PROTECTION OF EMPLOYEES
For employees engaged in joinery work, as defined, the
employer shall provide sufficient facilities for washing and five minutes shall
be allowed before lunch and before finishing time to enable employees to wash
and put away gear.
38. AMENITIES
The employer shall provide reasonably accessible boiling
water at meal times and rest periods and cool clean drinking water shall be
provided at all times in a reasonably accessible place.
39. FIRST-AID
39.1 An employee
who is a qualified first-aid person and is appointed by the employer to carry
out first-aid duties in addition to their usual duties shall be paid an
additional amount as set out in Item 18 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
39.2 The employer
shall, as soon as reasonably possible, supply means of conveyance (free of
charge) to the nearest hospital or doctor at which, or by whom, the employee is
to be treated, for any employee so seriously injured that is not reasonably
possible for such employee to travel independently of such conveyance.
40. INJURY OR DISEASE PAY
40.1 Employees
shall qualify for injury or disease pay as prescribed hereunder.
40.2 The employer
shall pay an employee injury or disease pay where the employee receives an
injury or suffers a disease for which weekly payments or compensations are
payable by or on behalf of the employer pursuant to the provisions of the
relevant State workers' compensation legislation.
40.3 "Injury
or disease pay" means a weekly payment of an amount being the difference
between the weekly amount of compensation paid to the employee pursuant to the
relevant workers' compensation legislation and the employee's appropriate 38‑hour
award rate, or, where the incapacity is for a lesser period than one week, the
difference between the amount of compensation and the said award rate for that
period.
40.4 An employer
shall pay or cause to be paid injury or disease pay as defined in subclause
29.3, during the incapacity of the employee arising from any one injury or
disease for a total of 26 weeks, whether the incapacity is in one continuous
period or not.
40.5 The liability
of the employer to pay injury or disease pay in accordance with this clause
shall arise as at the date of the injury or accident in respect of which
compensation is payable under the relevant workers' compensation legislation
and the termination of the employee's employment for any reason during the
period of any incapacity shall in no way affect the liability of the employer
to pay injury or disease pay as provided in this clause.
40.6 In the event
that an employee receives a lump sum in redemption of weekly payments under the
said relevant legislation, the liability of the employer to pay injury or
disease pay as herein provided shall cease from the date of such redemption.
40.7 An employer
may, at any time, apply to the Industrial Relations Commission of New South
Wales for exemption from the terms on the grounds that an injury or disease pay
scheme proposed and implemented by that employer contains provisions generally
not less favourable to their employees than the provisions.
41. COMPENSATION FOR CLOTHES
AND TOOLS
41.1 An employee
whose clothes, spectacles, hearing aids or tools have been accidentally spoilt
by acid, sulphur or other deleterious substances, shall be paid such amount to
cover the loss thereby suffered as may be agreed upon with the employer or, in
default of agreement, as may be fixed by the Industrial Relations Commission of
New South Wales.
41.2 (a) An employee shall be reimbursed by the
employer to a maximum of an amount as set out in Item 19 of Table 2 of Part B,
for loss of tools or clothes by fire or breaking and entering whilst securely
stored at the employer's direction in a room or building on the employer's
premises, job or workshop or in a lock‑up as provided in this award or if
the tools are accidentally lost over water or if tools are lost or stolen
during an employee’s absence after leaving the job because of injury or illness
or if the tools are being transported by the employee at the employers
direction. Provided that an employee transporting their own tools shall take
all reasonable care to protect those tools and prevent theft or loss.
(b) Where an
employee is absent from work because of illness or accident and has advised the
employer in accordance with clause 30, Sick Leave, the employer shall ensure
that the employee's tools are securely stored during his/her absence.
41.3 When an
employer requires an employee to wear spectacles with toughened glass lenses,
the employer will pay the cost of the toughening process.
41.4 Provided
that, for the purpose:
(a) Only tools
used by the employee in the course of employment shall be covered by this
clause.
41.5 The employee
shall, if requested to do so, furnish the employer with a list of tools so
used.
41.6 Reimbursement
shall be at the current replacement value of new tools of the same or
comparable quality.
41.7 The employee
shall report any theft to the police prior to making claim on the employer for
replacement of stolen tools.
42. EMPLOYER RECORDS
Section 129 of the Act which requires that an employer must
ensure that certain records are kept in relation to employees of the employer
shall be read as a provision of this award.
43. PAYMENT OF WAGES
43.1 All wages due
shall be paid and be available not later than the time of cessation of ordinary
hours of work on Thursday of each working week. Provided that in any week in
which a public holiday falls on a Thursday or a Friday, mutually acceptable
alternative arrangements shall be made.
43.2 All rates,
allowances and other monies shall be paid by cash, cheque or direct credit to
the account of an approved financial institution as nominated by the employee,
provided that payment other than by cash creates no undue financial burden to
the employee.
43.3 Where an
employer makes a request to make wage payments to all employees covered by the
award in a form other than cash, the agreement of employees shall not be
unreasonably withheld. Notwithstanding this provision, if the employer and the
majority of employees agree, all employees shall be paid their wages by direct
transfer.
44. RIGHT TO DEDUCT PAY
44.1 The employer
may deduct payment for any day or part thereof upon which an employee cannot be
usefully employed because of any strike by or participation in any strike by
members of the union; or because of any strike by members of the union employed
by the employer; or because of any strike by or participation in any strike by
any other union, organisation or association or by any branch thereof, or by any
members thereof who are employed by the employer; or because of any stoppage of
work for any cause, including breakdown of machinery or failure or lack of
power, for which cause the employer is not responsible.
45. POSTING OF AWARD
Section 361of the Act which provides for the exhibition of
industrial instruments in the workplace shall be read as a provision of this
award.
46. POSTING OF NOTICES
An employer shall not prevent an official of the union,
authorised in writing, pursuant to Section 298 of the Industrial Relations Act 1996, from posting on an employer's
premises or job a copy of any official notice of the union, provided such
notice is of reasonable size.
47. STEWARDS/DELEGATES
47.1 An employee
appointed as a job steward/delegate shall, upon notification by the union to
the employer, be recognised as the accredited representative of the union to
which the employee belongs and the employee shall be allowed all necessary time
during working hours to submit to the employer matters affecting the employees
the employee represents and, further, shall be allowed reasonable time during
working hours to attend to job matters affecting the employee's union. A job
steward/delegate shall notify the employer's representatives and his/her union
prior to the calling of any stop work meeting.
47.2 Prior to
dismissal or transfer (as defined) one week's notice shall be given to any job
steward/delegate and the appropriate union. Provided that one week's notice
shall not be required in the case of summary dismissal.
47.3 For the
purposes "transfer" shall mean transfer, whilst job steward/delegate,
into or out of an established on site crew but does not include transfers
within an establishment or transfers of an employee who is not a recognised
accredited representative.
47.4 Where a job
steward/delegate who is entitled to more than one week's notice of termination,
pursuant to clause 36, Redundancy, is terminated, all but one week's notice may
be paid in lieu.
47.5 In the event
of the union disputing the decision of management to transfer or terminate the
service of the job steward/delegate, the matter shall be dealt with in
accordance with clause 51, Settlement of Disputes.
48. RIGHT OF ENTRY
Note: See Part 7 of Chapter 5 of the Industrial Relations
Act 1996.
49. SETTLEMENT OF DISPUTES
Any dispute or claim as to wages and/or conditions of
employment of any employee of any employer bound by the provisions of this
award shall be settled in the following manner:
(a) Where any
claim, dispute or grievance arises at any place of work the aggrieved employee
shall raise the matter with the immediate supervisor or foreperson.
(b) If the
matter is unresolved it shall be taken up by an accredited union delegate or
official (where applicable) with the employer concerned or by the employer
representative with the union delegate or official, as the case may be.
(c) If the
matter remains unresolved it should then be referred to the Branch/State
Secretary of the union (where applicable) to be dealt with at that employer or
employee representative level.
(d) In the event
the matter remains unresolved, it shall be referred to the Industrial Relations
Commission of New South Wales for resolution.
(e) Without
prejudicing either party as to final settlement, normal work should continue
throughout the above procedures, save and except for issues of genuine safety.
(f) The above
procedures are established and agreed to between the parties in order to
minimise the effects of industrial disputes and are entered into as a measure
and commitment to this effect without limiting the rights of either.
50. TRADE UNION TRAINING LEAVE
50.1 Subject to
all qualifications in this clause, an employee appointed as a steward\delegate
in accordance with clause 46, Stewards\Delegates, shall upon application in
writing to the employer, be granted up to five days leave with pay each
calendar year, non‑cumulative, to attend courses conducted or approved by
the Australian Trade Union Training Authority.
(a) Such courses
shall be designed and structured with the objective of promoting good
industrial relations within the joinery industry.
(b) Consultation
may take place between the parties and the Australian Trade Union Training
Authority, where appropriate, in the furtherance of this objective.
50.2 The following
scale shall apply ‑
Number of employees covered by this award
|
Maximum number of employees eligible
|
Maximum number permitted to attend per year
|
Up to 15
|
1
|
5
|
16 - 30
|
2
|
10
|
31 - 50
|
3
|
15
|
51 - 100
|
4
|
20
|
101 and over
|
5
|
25
|
50.3 The
application for leave shall be given to the employer at least six weeks in
advance of the date of commencement of the course. The application for leave
shall contain the following details:
(a) the name of
employee seeking the leave;
(b) the period
of time for which the leave is sought (including course details and the daily
commencing and finishing times); and
(c) the title,
general description and structure of the course too be attended and the
location of where the course is conducted.
50.4 The employer
shall advise the union within seven clear working days (Monday to Friday) of
receiving the application as to whether or not the application for leave has
been approved.
50.5 The time of
taking leave shall be arranged so as to minimise any adverse effect on the
employer's operations. The onus shall rest with the employer to demonstrate an
inability to grant leave when an eligible employee is otherwise entitled.
50.6 An employer
shall not be liable for any addition expenses associated with an employee's
attendance at a course, other than the payment of ordinary-time earnings for
such absence. For the purpose,
ordinary-time earnings shall be defined as the relevant award classification
rate, including supplementary payments, shift work loadings where relevant,
plus overaward payments where applicable.
50.7 Leave rights
granted in accordance with this clause shall not result in additional payment
or alternate time off to the extent that the course attended coincides with an
employee's day off in the 19‑day month work cycle or with any
concessional leave.
50.8 An employee
on request by their employer shall provide proof of their attendance at any
course within seven days. If an employee fails to provide such proof, the
employer may deduct any amount already paid for attendance from the next week's
pay or from any other monies due to the employee.
50.9 Where an
employee is sick during a period when leave pursuant to this clause has been
granted, proof of attendance at the course is not required for that period and
the employee shall receive payment, if entitled, under the provisions of clause
32, Sick Leave.
50.10 Leave of
absence granted pursuant to this clause shall count as service for all purposes
of this award.
PART B
MONETARY RATES
Table 1 - Wages
Broadbanded Group
|
Percentage
|
Former Weekly Rate
|
State Wage Case
2000
|
New Weekly
|
|
|
$
|
Adjustment $
|
Rate $
|
Group 7
|
110
|
518.90
|
15.00
|
533.90
|
Group 6
|
105
|
498.10
|
15.00
|
513.10
|
Group 5
|
100
|
477.20
|
15.00
|
492.20
|
Group 4
|
92.4
|
445.50
|
15.00
|
460.50
|
Group 3
|
87.4
|
424.60
|
15.00
|
439.60
|
Group 2
|
82
|
402.00
|
15.00
|
417.00
|
Group 1
|
78
|
385.40
|
15.00
|
400.40
|
Table 2 - Allowances
Item No
|
Clause
|
Brief Description
|
Amount $
|
1
|
9.4
|
Leading Hands
|
|
|
|
Not more than 1 employee
|
11.80
|
|
|
Between 2 and 5 employees
|
26.10
|
|
|
Between 6 and 10 employees
|
33.30
|
|
|
More than 10 employees
|
44.40
|
2
|
17
|
Industry Allowance
|
18.50
|
3
|
18.1
|
Tool Allowance
|
|
4
|
18.1
|
Carpenter, Joiner and/or Shopfitter
|
19.10
|
|
|
Assembler 'A'
|
5.60
|
5
|
20.1(a)
|
Insulation
|
0.51
|
6
|
20.1(b)
|
Hot Work
|
|
|
|
between 46 and 54 degrees celsius
|
0.42
|
|
|
over 54 degrees celsius
|
0.51
|
7
|
20.1(c)
|
Cold Work below 0 degrees celsius
|
0.42
|
8
|
20.1(d)
|
Confined Spaces
|
0.51
|
9
|
20.1(e)
|
Dirty Work
|
0.42
|
10
|
20.1(f)
|
Second Hand Timber
|
1.64 p/day
|
11
|
20.1(g)
|
Computing Quantities
|
3.03 p/day
|
12
|
20.1(i)
|
Explosive Power Tools
|
0.99 p/day
|
13
|
20.1(j)(iii)
|
Toxic Substances
|
|
|
|
using
|
0.51
|
|
|
proximity
|
0.42
|
14
|
20.1(k)
|
Asbestos
|
0.51
|
15
|
20.1(l)
|
Grindstone Allowance
|
4.46 p/week
|
16
|
20.1(m)(iii)
|
Asbestos Eradication
|
1.40
|
17
|
27
|
Meal Allowance after working one and a half hours
|
8.00
|
|
|
overtime
|
|
18
|
39.1
|
First aid - minimum qualification
|
1.79
|
19
|
41.2(a)
|
Compensation for Clothes and Tools
|
1,100.00
|
T. M. KAVANAGH J.
____________________
Printed by the Industrial Registrar.