BRAMBLES ARMOURED CASH PROCESSING AND CLERICAL AND ADMINISTRATIVE
EMPLOYEES AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 904 of 2001)
|
Before Mr Deputy President
Sams
|
6 July 2001
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REVIEWED AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Anti-Discrimination
3. Definitions
4. Terms of
Engagement
5. Casual
and Part-time Employees
6. Hours
7. Shiftwork
8. Meal
Breaks
9. Classification
Structure and Wages
10 Enterprise
Consultative Mechanism
11. Workers
Compensation
12. Labour
Flexibility
13. Payment of
Wages
14. Overtime
and Meal Allowance
15. Discrepancies
16. Sundays
and Holidays
17. Annual
Leave
18. Annual
Leave Loadings
19. Long Service
Leave
20. Sick Leave
21. Personal/Carers
Leave
22. Finishing
at Night
23. Travelling
Expenses
24. Uniforms
25. Right of
Entry
26. Termination
of Engagement
27. Redundancy
28. Exemptions
29. Bereavement
Leave
30. Accident
Pay
31. Jury
Service
32. Parental
Leave
33. First-aid
Allowance
34. Award
Display
35. Notice
Board
36. Grievance
and Dispute Settlement Procedure
37. Higher
Duties Allowance
38. Occupational
Health and Safety
39. Training
40. Savings
Clause
41. Area,
Incidence and Duration
2. Anti - Discrimination
It is the intention of the parties bound by this award to
seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
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.
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.
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.
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.
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."
3. Definitions
"Casual employee" shall mean an employee as
defined in clause 5, Casual and Part-time Employees, of this award.
"Part-time employee" shall mean an employee as
defined in clause 5, Casual and Part-time Employees, of this award.
"Employer" for the purposes of this award shall
mean Chubb Security Services for activities in or in connection with payroll
preparation, cash handling and processing.
"Employee" for the purposes of this award means
those persons employed in the operation of the employer.
"Union" shall mean the Federated Clerks Union of
Australia, New South Wales Branch.
4. TERMS OF ENGAGEMENT
All employees shall be employed as weekly, part-time or
casual employees.
An employer shall inform each employee as to the terms of
his or her engagement, and in particular whether such employee is a weekly,
part-time or casual employee, employed on ordinary day work or shiftwork.
5. CASUAL AND PART-TIME
EMPLOYEES
(a) Casual
Employees -
A casual employee shall mean an employee who is engaged
and paid as such, whose spread of ordinary hours shall be as set out in subclause
(ii) of clause 6, Hours, and whose rate of pay shall be calculated pursuant to
subclause (b) of clause 9, Classification Structure and Wages.
(b) Part-Time
Employees -
(i) A part-time
employee shall mean an adult employee who is employed to work regular days and
regular hours, either of which are less than the number of days and hours
worked by weekly employees, but such days shall not be less than 3 per week and
such hours shall not be less than 12 nor more than 30 per week.
(ii) Notwithstanding
the provisions in paragraph (i) of this subclause, the hours of work shall be
fixed and notified not less than seven days in advance in a displayed roster to
enable flexibility in the starting and finishing times.
(iii) Once fixed,
time worked outside the displayed roster shall be paid at overtime rates as per
clause 14, Overtime and Meal Allowance.
(iv) The spread of
ordinary hours of part-time employees shall be as set out in clause 6, Hours,
and clause 7, Shiftwork, depending on the system of work applicable to the
employee in question.
(v) Notwithstanding
anything else contained in this Award, the provisions with respect to annual
leave, annual leave loading, sick leave, jury service, bereavement leave and
holidays shall apply to part-time employees.
6. HOURS
(i)
(a) Subject to
paragraph (b), the ordinary hours of work exclusive of meal hours shall not
exceed an average 38 hours per week and, except as provided in clause 7, Shift
Work, of this award, shall be worked between the hours of 7.30 a.m. and 6.00
p.m., Monday to Friday inclusive, and shall be worked in one of the following
ways:
(i) On 19
days over a 4-week cycle; or
(ii) On 10
days over a 2-week cycle; or
(iii) On 5
days in any week.
(b) Any dispute as
to whether the ordinary hours of work can in any case or cases be worked in
some other way without detriment, loss or reduction as aforesaid shall be
determined by the Industrial Commission of New South Wales or the Clerks
(State) Industrial Committee upon application made by or on behalf of the
employees. Upon such an application, proof of such detriment, loss or reduction
as aforesaid shall be upon the employer.
It is a condition of the allowing of a 19-day/4-week
cycle, a 10-day/2-week cycle or a 5-day week that, if required, employees shall
comply with the reasonable and lawful orders of the employer as to working
overtime including the working of overtime on Saturday.
(c) Where a
19-day/4-week cycle is worked, the ordinary hours of work shall not exceed 8
hours per day, Monday to Friday inclusive, between the hours of 7.30 a.m. and
6.00 p.m.
(d) Where a
10-day/2-week cycle is worked, the ordinary hours of work shall not exceed 8
hours per day, Monday to Friday, on 9 days of the cycle and 4 hours on any one
day of the cycle, between the hours of 7.30 a.m. and 6.00 p.m.
(e) Where a 5-day
week is worked, the ordinary hours of work shall be worked between the hours of
7.30 a.m. and 6.00 p.m., Monday to Friday inclusive, such that either:
(i) The ordinary
hours of work on 4 days of any one week shall not exceed 8 hours and on one day
of the week shall not exceed 6 hours; or
(ii) The ordinary
hours of work on each day of the week shall not exceed 7 hours and 36 minutes.
(f) The starting
time when once fixed in accordance with this subclause, shall not be altered
without seven days' notice being given by the employer to his/her employees.
(ii) Casual
Employees - Notwithstanding the hours specified in clause 7, Shiftwork, the
spread of hours for casuals employed for day work shall be 7.30 a.m. to 3.30
p.m.
7. SHIFTWORK
Weekly and Part-Time
Employees
(i) Employees may
be required to perform shiftwork in order to carry out the duties of and
associated with a service including payroll preparation, cash handling and/or
transportation provided that:
(a) Existing
employees engaged as at 16th December 1988 shall have the option of rejecting
any offer to work shiftwork.
(b) All employees
engaged after 16th December 1988 shall perform shiftwork where so required by
the employer.
(ii) Definitions
(a) shift worker
means any employee whose ordinary hours of work are in accordance with the
shifts defined in paragraphs (b), (c) and (d) of this subclause.
(b) "Afternoon
Shift" means any shift finishing after 6.00 pm and at or before 11.30 pm.
(c) "Night
Shift" means any shift starting at or after 11.30 pm and at or before 5 am
or finishing subsequent to 11.30 pm and at or before 7.30 am.
(d) "Seven-day
Shift worker" means an employee who is rostered to work regularly on
Sundays and Public Holidays.
(iii) Hours of
Work
(a) The ordinary
hours of work for shift workers shall:
(1) not exceed 38
hours per week;
(2) or 8 hours
during any consecutive twenty four hour period.
(b) The method of
working shifts and the time of commencing and finishing shifts once having been
fixed may be varied by agreement between the employer and employee affected or
in the absence of agreement by seven (7) days notice of alteration given by the
employer to the employee.
(iv) Shift
Allowance
(a) For the
ordinary hours of shift, shift workers shall be paid the following allowances
in addition to the rates prescribed for their respective classifications in
clause 9, Classification Structure and Wages.
Afternoon shift at
the rate of 17%
Night shift at
the rate of 30%
Allowances in accordance with this clause shall be
calculated in multiples of 10 cents, amounts of less than 5 cents being taken to
the lower multiple and amounts of 5 cents or more being taken to the higher
multiple.
(b) A shift worker
whose ordinary work period includes a Saturday, Sunday or Public Holiday as an
ordinary working day shall be paid:
Saturday - time and three quarters
Sunday - double time
Holiday - double time and one half.
(v) Overtime
(a) All time
worked by a shift worker in excess of the hours provided in paragraph (a) of
subclause (iii) of this clause shall be paid time and one half for the first
two hours and double time thereafter.
In computing overtime, each day shall stand-alone.
(b) In computing
overtime any portion of an hour less than thirty minutes shall be reckoned as
thirty minutes and any portion in excess of thirty minutes shall be reckoned as
one hour.
(c) A shift worker
required to work overtime shall be paid $8.50 tea money in addition to overtime
payments. If overtime continues beyond
four hours after the rostered finishing time a further $8.50 shall be paid.
(d) The penalties
herein prescribed are in substitution for and not cumulative upon the shift
allowances set out in subclause (iv) of this clause.
(vi) Work on a
Rostered Day Off
(a) An employee
required to work on a rostered day off shall be paid the rate prescribed in
sub-clause (v) Overtime of this clause except for time worked on Sundays, which
shall be paid for, at the rate of double time and time worked on public
holidays, which shall be paid for at the rate of double time and one-half.
(b) Where work is
performed as prescribed in paragraph (a) of this sub-clause on a Sunday or a
holiday, such employee shall be paid a minimum of four hours at the appropriate
rate.
(vii) Part-Time
Shift workers
Part-time shift workers shall receive the allowance prescribed
in subclause (iv) of this clause.
(viii) Meal Breaks
and Crib Times
(a) No shift
worker shall be required to work for more than five (5) hours without a meal
break or crib time, the said five (5) hours to be calculated from the time of the
commencement of work or from the end of the previous meal break or crib time
whichever applies.
(b) Shift workers
shall be allowed a meal break of not less than 20 minutes during each shift
before the expiration of 5 hours. Such a meal break will be counted as time
worked.
(c) Meal breaks or
crib times may, at the discretion of the employer, be staggered between the
third and fifth hour of work to permit continuity of operation.
(d) Crib Time:
Where an employee works a shift without being provided with a meal break, then
the employer shall pay to the employee an additional half an hours pay for each
meal break not taken. Such time shall
be known as Crib Time.
(ix) Definitions
and allowances
(a) Afternoon Work
- Casual employees shall be paid for all ordinary time worked at an hourly rate
calculated by dividing the appropriate weekly rate by thirty eight and adding
twenty per cent thereof. Casual employees working between 3.30 pm and 11.30 pm
in addition shall be paid a loading of seventeen per cent for all paid time as
a 'shift' loading during this shift.
(b) Night Work -
Casual employees shall be paid for all ordinary time worked at an hourly rate
calculated by dividing the appropriate weekly rate by thirty-eight and adding
twenty per cent thereof. Casual employees working between 11.30 pm and 7.30 am,
in addition shall be paid a loading of thirty per cent thereto for all paid
time as a 'shift' loading during this shift.
(c) These
percentage shift loadings are not to be included as part of the ordinary rate
of pay for the purpose of overtime calculation.
(x) General
(Casuals)
(a) The percentage
shift loading prescribed in subclause (x) of this clause shall not be included
as part of the ordinary rate of pay for the purpose of overtime calculations or
the additional 1/12 holiday payment made in accordance with the Annual Holidays Act 1944.
(b) Minimum
payment for each engagement shall be four hours. All time worked in excess of this minimum paid period will be
paid to the nearest five minutes.
(c) Overtime
penalties as prescribed in clause 14 shall apply to casual shift workers for
all time worked in excess of eight ordinary hours, Monday to Friday inclusive,
and/or before the fixed starting time or after the fixed finishing time on any
day.
(xi) Refer to
subclause (b) of clause 8, Meal Breaks, for casual employee meal break
provisions.
Weekly, Part-Time And Casual Employees
(xii) Transport for
Employees - Arrangements for transport for employees finishing after 10.00 pm and
before 6.00 am, are to be satisfactorily established by the employer concerned,
taking into account the requirements of the particular location, and having
regard to any special circumstances.
8. MEAL BREAKS
(a) Weekly
Employees - Employees whose ordinary working hours fall between 7.30 am to 6.00
pm shall be allowed a meal break of not less than thirty minutes nor more than
one hour between the hours of 12 noon and 2.00 pm, provided that no employee
shall be required to work more than five hours without a meal break.
(b) Casual and
Part-Time Employees - Employees shall be entitled to a meal break of not less
than thirty minutes or more than one hour.
Such meal break shall be taken not before the completion of three hours
or after the completion of five hours of work. In the event of this break not
being given, the employee concerned shall be paid for a half hour
"crib" time, in addition to the hours of work performed.
(c) Meal breaks or
crib times may, at the discretion of the employer, be staggered between the
third and fifth hour of work to permit continuity of operation.
9. CLASSIFICATION STRUCTURE AND
WAGES
(a) The
Classification Structure and Wages are as follows
|
GRADE
|
CLASSIFICATION
|
PERMANENT RATE
$
|
CASUAL RATE
$
|
|
1
|
Trainee/New Entrant
0 to 3 months
|
510.00 week
13.42 hour
|
451.50 week
15.44 hour
|
|
2
|
Cash Counter/General
Hand
|
534.15 week
14.05 hour
|
472.72 week
16.17 hour
|
|
3
|
Teller/Amalgamator
-ATM Balance
- Assistant Administrative
Officer
|
565.96 week
14.89 hour
|
502.44 week
17.18 hour
|
|
4
|
Leading
Hand/Administrative
Officer
- Cash Room
- Branch
|
592.50 week
|
N/A
|
(b) Casual
Employees
(i) Day work -
Casual employees shall be paid for all ordinary time worked at an hourly rate calculated
by dividing the appropriate weekly rate by thirty-eight and adding there to
twenty per cent plus 1/12 annual leave.
Minimum payment for each engagement shall be four hours.
All time worked at ordinary rates in excess of this
minimum paid period will be paid to the nearest five minutes.
(ii) Holiday Pay -
Holiday Pay will be additional to the ordinary pay rates, that is excluding
afternoon and/or night work allowance, and will be calculated at one twelfth of
the amount paid for all work performed at ordinary rates.
(c) Part-time
Employees - Notwithstanding the provisions of clause 7, Shiftwork, part-time
employees shall be paid for all ordinary time worked at the hourly rate
calculated by dividing the appropriate weekly rate by thirty-eight.
(d) State Wage
Case Adjustments - The rates of pay in this award include the adjustments
payable under the State Wage Case of 2000.
These adjustments may be offset against:
(a) any equivalent
overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
10. ENTERPRISE CONSULTATIVE
MECHANISM
At each enterprise there shall be established a consultative
mechanism and procedures appropriate to their size, structure and needs for
consultation and negotiation on matter effecting their efficiency and
productivity.
11. WORKERS COMPENSATION
See the Workers
Compensation Act 1987 and the Workplace
Injury Management and Workers Compensation Act 1998.
12. LABOUR FLEXIBILITY
(i) For the
purpose of increasing productivity and flexibility, as well as enhancing career
opportunities for employees, broad banding may extend by agreement between an
employer and an employee to allow the employee to perform any work covered by
this award within the scope of their skills and training.
(ii) Employees
shall perform a wider range of duties including work, which is incidental or
peripheral to their main tasks or functions.
(iii) Employees shall
perform such work as is reasonable and lawfully required of them by their
employer including accepting instruction from authorised personnel.
(iv) Employees
shall comply to all reasonable requests to perform any work provided for by the
award.
(v) Provided an
employee is appropriately trained the employee shall ensure the quality,
accuracy and completion of any job or task assigned to the employee.
(vi) Employees
shall not unreasonably impose any limitation or continue to enforce any
limitations on supervisors or technical personnel demonstrating the use of new
equipment or machinery for the purpose of training clerical employees on the
use of such equipment or machinery. Provided that the appropriate consultation
in relation to the introduction of new technology has taken place.
(vii) Employees
shall not impose any restrictions or limitations on the review of work methods,
provided that where there is a nominated representative of the Union
consultation shall take place.
13. PAYMENT OF WAGES
(i) Wages of
weekly employees shall be paid weekly on a day other than a Friday or according
to the practice of the employer existing immediately prior to 4 July 1969. The payment shall be made no later than on
the second working day after the end of the week for which payment is
made: Provided that employers who, as
at 20 December 1971 had an established system of payment based on the holding
of three days or more in hand, are permitted to continue this practice, with a
limit on payment not later than the third working day after the end of the week
in which payment is made.
(ii) Overtime
shall be paid within a week from the payday succeeding the day or days on which
such overtime becomes due.
(iii) On
termination an employee shall be paid all moneys due to such employee. Such
moneys shall be paid during such employee's working hours on the day of
termination, or posted by pre-paid registered post to the employee on the next
working day. Provided that an employee
may elect to return to collect any moneys outstanding to such employee on the
next working day.
(iv) Where an
employee is required to wait beyond such employee's ordinary ceasing time for
payment of weekly wages or termination payment and such waiting time exceeds
fifteen (15) minutes, such employee shall be paid at ordinary rates for the
full period during which such employee is required to wait, except where such
waiting time is occasioned by reasons beyond the control of the employer.
14. OVERTIME AND MEAL ALLOWANCE
(i) Weekly
Employees -
(a) Overtime at
the rate of time and one half for the first two hours and double time
thereafter shall be paid for all time worked:
(1) on any day in
excess of 7 hour and 36 minutes Monday to Friday inclusive, or
(2) before the
fixed starting time or after the fixed finishing time on any day.
(b) In computing
overtime any portion of an hour less than thirty minutes shall be reckoned as
thirty minutes and any portion in excess of thirty minutes shall be reckoned as
one hour.
(c)
(i) Employees who
have completed not less than 7 hours and 36 minutes work by 6.00 pm
and who are required to continue working after 6.00 pm
shall be paid $8.50 tea money, in addition to overtime payments.
Such tea money to be paid prior to their taking the
meal break.
(ii) If overtime
continues beyond four hours after the completion of ordinary hours of work
excluding any meal break time, a further $8.50 shall be paid.
(ii) Casual
Employees
(a) Overtime at
the rate of time and one-half of the ordinary rate for the first two hours, and
double time thereafter shall be paid for all time worked on any day in excess
of 7 hours and 36 minutes, Monday to Friday inclusive. Before the fixed
starting time or after the fixed finishing time on any day.
(b) In computing
overtime any portion of an hour less than thirty minutes shall be reckoned as
thirty minutes and any portion in excess of thirty minutes shall be reckoned as
one hour.
(c)
(i) Employees who
have completed not less than eight hours on any one day and who are required to
continue working shall be paid $8.50 tea money in addition to overtime
payments. Such tea money to be paid prior to their taking the meal break.
(ii) If overtime
continues beyond four hours after the completion of ordinary hours of work excluding
any meal break time, a further $8.50 shall be paid.
(iii) Ten Hour
Break - When overtime is necessary, it shall, wherever reasonably practicable,
be so arranged that employees have at least ten consecutive hours off duty
between the work of successive days. An
employee other than a casual who works so much overtime between the termination
of ordinary work on one day and the commencement of their ordinary work on the
next day that they have not had at least ten consecutive hours off duty between
those times shall subject to this subclause, be released after completion of
such overtime until they have had ten consecutive hours off duty, without loss
of pay, for ordinary working time occurring during such absence. If on the instruction of the employer such
an employee resumes or continues work without having had such ten consecutive
hours off duty they shall be paid at double rates until they are released from
duty for such period and they then shall be entitled to be absent until they
have had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
15. DISCREPANCIES
Employees, who have discrepancies caused by their own
negligence and are required to work beyond their normal hours to rectify the matter,
shall be paid at the ordinary rate then applicable.
16. SUNDAYS AND HOLIDAYS
(i) New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day and an additional
day's holiday to be observed pursuant to subclause (ii) of this clause and any
other day gazetted as a public holiday for the State shall be holidays for the
purpose of this award.
(ii) In addition
to the holidays specified in subclause (i) of this clause, an employee shall be
entitled to one additional day as a holiday in each calendar year. Such additional holiday shall be observed on
the day when the majority of employees in an establishment observe a day as an
additional holiday or on another day mutually agreed between the employer and
employee. The additional holiday is not cumulative and must be taken within
each calendar year.
(iii) Any dispute
concerning the day on which an additional holiday is to be taken by an employee
may be referred to the Industrial Committee.
(iv) No deductions
shall be made from the wages of weekly employees for the week in which any of
the holidays, referred to in subclauses
(i) and (ii) of this clause,
fall.
(v) For work done
on any of the holidays, referred to in subclauses (i) and (ii) of this clause,
double time and one-half shall be paid with a minimum payment for four hours'
work.
(vi) For work done
on a Sunday double ordinary time with a minimum payment for four hours' work
shall be paid.
17. ANNUAL LEAVE
(i) Employees
other than seven-day shift workers, see Annual
Holidays Act, 1944.
(ii) In addition
to the leave provided for by subclause (i) of this clause, seven-day shift
workers, that is, shift workers who are rostered to work regularly on Sundays
and holidays, shall be allowed one week's leave; provided that if, during the
year of employment, an employee has served for only portion of it as a
seven-day shift worker, the additional leave shall be one day for every
thirty-six ordinary shifts worked as a seven-day shift worker. In this subclause reference to one week and
one day shall include holidays and non-working days.
18. ANNUAL LEAVE LOADINGS
(i) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(ii) Before an employee
is given and takes their annual holiday, or where by agreement between the
employer and employee the annual holiday is given and taken in more than one
separate period, then before each of such separate periods, the employer shall
pay their employee a loading determined in accordance with this clause.
(NOTE: The obligation to pay in advance does not apply
where an employee takes an annual holiday wholly or partly in advance - see
subclause (vi).)
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award or, where such a holiday
is given and taken in separate periods, then in relation to each such separate
period. (NOTE: See subclause (vi) as to
holidays taken wholly or partly in advance.)
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) at the rate per week of 17« per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
such employee's annual holiday but shall not include any other allowances,
penalty rates, overtime or any other payments prescribed by this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when such employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (v) of this clause
applying the award rates of wages payable on that day. This subclause applies where an annual
holiday has been taken wholly or partly in advance.
(vii) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purposes of giving an annual holiday or leave
without pay to the employees concerned:
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday, shall be paid the loading calculated in accordance with
subclause (v) of this clause;
(b) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to him
under the Act, such proportion of the loading that would have been payable to
such employee under this clause if such employee had become entitled to an
annual holiday prior to the close-down as such employee's qualifying period of
employment in completed weeks bears to 52.
(viii)
(a) Where the
employment of an employee is terminated by their employer for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which such employee
became entitled such employee shall be paid a loading calculated in accordance
with subclause (iv) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
19. LONG SERVICE LEAVE
See Long Service Leave
Act 1955.
20. SICK LEAVE
(i) "Year"
shall mean the period from the date of commencement of an employee's service to
that anniversary date in each subsequent 12 months of employment.
(ii) An employee,
other than a casual employee, with not less than three month's continuous
service who is absent from his/her work by reason of personal illness or injury
shall be entitled to leave of absence, without deduction of pay, subject to the
following conditions and limitations:
(a) An employee
shall not be entitled to paid leave of absence for any period to which workers
compensation entitlement applies.
(b) An employee
shall -
Inform the employer of the inability to attend for duty
before their ordinary starting time on the day of absence and in any event
within 24 hours of that time;
State the nature of the illness or injury and the
estimated duration of the absence;
Provide to the employer as may be required such
evidence, which may include a medical certificate or Statutory Declaration in
support of their reason for absence.
(iii) Sick Leave
Entitlement
(a) An employee
shall not be entitled to more than 40 hours sick leave in the first year of
service and 64 hours sick leave during the second and subsequent years of
service.
(b) During the
first three months of the first year of service the employer may withhold
payment of sick leave taken by an employee. In the fourth month of service,
such employee shall be paid for any sick leave taken within the first three
months subject to the limit of the accrued leave.
(c) Any accrued
sick leave not taken in any year shall be cumulative from year to year to a
maximum of credits accrued on 12 years.
(iv) Single Day
Absences - Subject to paragraph (b) of subclause (ii) of this clause, a
Statutory Declaration shall be sufficient proof of sickness in respect of the
first two single days of absence of an employee in any year.
(v) If an award holiday
occurs during an employee's absence on sick leave then such award holiday shall
not be counted as sick leave.
(vi) Service before
the date of this award shall be counted for the purpose of assessing the annual
sick leave entitlement but shall not be taken into consideration in arriving at
the period of accumulated leave. An employee whose employment commenced on or
before 13 March 1976 shall be entitled to the increased quantum of sick leave
prescribed by subclause (iii) of this clause, according to the employee's year
of service commencing on or after that date.
Accumulated leave at the credit of the employee at the commencement of
this award will not be increased or reduced by the operation of this clause.
21. PERSONAL/CARER’S LEAVE
(i) Use of Sick
Leave
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in (c) (2) 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 at clause 22 of the award, for absences to
provide care support for such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The employees
shall, if required, establish 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 and support of the person
concerned: and
(ii) the
person concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial), 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 paragraph:
(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 their
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.
(ii) Unpaid Leave
for Family Purpose - 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 (II) of paragraph (c) of subclause (i) above
who is ill.
(iii) Annual Leave
(a) employee may
elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (iii) (a) above, 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.
(iv) 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 or
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.
(v) 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 during 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.
(vi) 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) Where the
employer and employee agree, rostered days off may be accumulated which occur
as a result of employees working in accordance with the provisions of this
subclause. These accumulated days may
be taken at any time mutually agreed between the employer and the employee.
(d) This subclause
is subject to the employer informing the union if it 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 to
participate in negotiations.
(vii)
(a) Subject to the
provisions of this clause absolute preference of employment shall be given to
the members of the Federated Clerks Union of Australia, New South Wales Branch.
(b) Such
preference shall be limited to the point where a member of such union and a person
who is not such a member are offering for service or employment at the same
time and, in the case of retrenchment, to the point where either such a member
or such a person is to be dismissed from service or employment.
(c) The employment
to which this subclause applies is employment in an industry or calling in
respect of which the said union is entitled to enrol members pursuant to its
rules.
(d) The provisions
for preference made by this clause shall not apply to nor in respect of
employment in any industry or calling of a person who has been issued by the
Industrial Registrar with a certificate of exemption pursuant to subsection (2)
of section 129B of the Industrial
Arbitration Act 1940, covering that industry or calling if the period
specified in such certificate or any renewal thereof has not expired.
22. FINISHING AT NIGHT
(i) When an
employee working overtime finishes work at a time when the usual means of
transport are not available then the employer shall:
(a) provide transport
or shall pay the employee at such employee's ordinary rate for the time
occupied in reaching home;
(b) pay the
employee any additional outlay incurred in reaching such employee's home by
reasonable means of transport.
23. TRAVELLING EXPENSES
(i) When an
employee, in the course of such employee's duty, is required to go to any place
away from such employee's usual place of employment, such employee shall be
paid all reasonable expenses actually incurred.
(ii) When an
employee, in the course of such employee's duty is required, other than in
ordinary working hours, to go to any place away from such employee's usual
place of employment, such employee shall be paid all reasonable expenses
actually incurred and in addition shall be paid at the ordinary rates, for half
of any time occupied in travelling outside ordinary working hours which is in
excess of the time normally occupied by such employee in travelling from such
employee's home to such employee's usual place of employment.
(iii) Any employee
required to provide a motorcar shall be paid extra per week:
Per Week ($)
For a vehicle 1500 cc and under 74.80
For a vehicle over 1500 cc 92.50
(iv) Where an
employee is required to use their motorcar by their employer on a casual or
incidental basis, such employee shall be paid an amount of 51 cents per
kilometre travelled, during such use.
(v) If the
employer provides a vehicle such employer shall pay the whole of the cost of the
upkeep, registration, insurance, and maintenance and running expenses.
24. UNIFORMS
In any establishment where an employee is required or
encouraged by the employer to wear a distinctive uniform, coat, overall or
dress, or where the nature of the work performed by the employee requires the
provision of protective clothing, the same shall be supplied by the employer,
free from charge, to the employee. Such uniform or other clothing shall remain
the property of the employer and the current issue thereof shall be returned to
the employer in the event of the termination of the employment.
25. RIGHT OF ENTRY
See Part 7 of chapter 5 Industrial Organisations, Industrial Relations Act 1996.
26. TERMINATION OF ENGAGEMENT
The employment of a weekly employee may only be terminated
by one week's notice, on either side, which may be given at any time or by
payment by the company or forfeiture by the employee of a week's pay in lieu of
notice.
This shall not affect the right of the company to dismiss an
employee without notice in the case of an employee being guilty of
misconduct. Any employee with more than
two months' service on leaving or being discharged shall, upon request, be
given a reference in writing. Such reference shall at least contain information
as to the length and nature of employment of the employee. It shall be the property of the employee and
shall be returned to such employee unnoted by any subsequent employer within
seven days of the engagement.
27. REDUNDANCY
(i) Application
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, 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 clause, 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.
(ii) Introduction
of Change
(a) Employer’s
duty to notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employee who
may be affected by the proposed changes and the union to which they belong.
(2) ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employer’s workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities,
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
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) 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 (a) of this
clause.
(3) 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 effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy
(a) Discussions
before terminations
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subparagraph (1) of
paragraph (a) of subclause (ii) above, 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.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this subclause 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.
(3) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers 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.
(iv) Termination
of Employment
(a) Notice for
Changes in Production, Programme, Organisation or Structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from "production",
"programme", "organisation" or "structure" in
accordance with subclause (ii) (a) (1) above.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
|
Period of continuous service
|
Period of notice
|
|
Less than 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
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (ii) (a) (1) above:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) 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.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act, 1955, the Annual
Holidays Act, 1944, or any Act amending or replacing either of these Acts.
(c) Time
off during the notice period
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(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
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
Relevant Employment Body - Where a decision has been made to terminate
employees, the employer shall notify the Commonwealth Employment Service
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 paragraph (a) of subclause above, 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.
(v) Severance
Pay
(a) Where an
employee is to be terminated pursuant to subclause (iv) of this award, subject
to further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 years of age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less
than 2 years
|
4 Weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of Service
|
45 years of age and over entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less
than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(3) ‘Weeks 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, over
award payments, shift penalties and allowances provided for in the relevant
award.
(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).
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay in paragraph (a) above will have on the employer.
(c) Alternative
Employment - 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) above if the
employer obtains acceptable alternative employment for an employee.
(vi) Savings Clause
- Nothing in this award 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.
28. EXEMPTIONS
Except as to the provisions of clause 2, Anti-Discrimination,
subclauses (i), (ii), (iv) and (v) of clause 16, Sundays and Holidays, clauses
17, Annual Leave; 18, Annual Leave Loadings; 19, Long Service Leave; 20, Sick
Leave; 21, Personal/Carers Leave (i), (ii), (iii) and (vi); 27, Redundancy 30,
Bereavement Leave; 31, Accident Pay; 32, Jury Service, and 33, Parental Leave;
of this award, this award shall not apply to clerks employed by the week who
are in receipt of a weekly wage in excess of 15 per cent above the rate of pay
for Grade 4, in subclause (a) of clause 9, Classification Structure and Wages,
of this award, from time to time effective.
Provided that this exemption shall not apply to an employee whose wage
is in excess of 15 per cent above the rate of pay for Grade 4, as aforesaid, if
such wage includes overtime payment and/or allowances due to such employees
under this award.
The exemption rate shall be calculated in multiples of one
dollar. Amounts of less than fifty cents shall be taken to the lower multiple
and amounts of fifty cents or more shall be taken to the higher multiple.
29. BEREAVEMENT LEAVE
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death in Australia of a
person prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said clause
occurs outside Australia the employee shall be entitled to two days bereavement
leave where such employee travels outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide, to the satisfaction of the employer, proof
of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer’s Leave, as set out in
subparagraph (2) of paragraph (c) of subclause (i) of clause 21,
Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclause
(ii), (iii), (iv) (v) and (vi) of the said Clause 21. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
30. ACCIDENT PAY
See Workers'
Compensation Act 1987.
31. JURY SERVICE
An employee on weekly hiring required to attend for jury
service during his/her ordinary working hours shall be reimbursed by the employer
an amount equal to the difference between the amount paid in respect of his/her
attendance for such jury service and the amount of wage he/she would have
received in respect of the ordinary time he/she would have worked had he/she
not been on jury service. An employee
shall notify his/her employer as soon as possible of the date upon which he/she
is required to attend for jury service.
Further, the employee shall give his/her employer proof of
his/her attendance, the duration of such attendance and the amount received in
respect of such jury service.
32. PARENTAL LEAVE
Part 4 of Chapter 2 Employment, Industrial Relations Act 1996.
33. FIRST-AID ALLOWANCE
(i) An employee
who has been trained to render first-aid and who is the current holder of
appropriate first-aid qualifications, such as a certificate from the St. John
Ambulance or similar body, shall be paid an allowance of $7.60 per week if the
employee is appointed by an employer to perform first-aid duty.
(ii) The amount
referred to in subclause (i) of this clause, shall be subject to indexations
pursuant to any State Wage Case Decision of the Industrial Relations Commission
of New South Wales.
34. AWARD DISPLAY
A copy of this award shall be exhibited and kept exhibited
in accordance with the provisions of the Industrial
Relations Act 1996.
35. NOTICE BOARD
Each employer shall permit the union to display notices
dealing with legitimate union business on Notice Boards provided that such
notices are authorised by an Accredited Union Representative. Any such notice not so authorised may be
removed by the Accredited Union Representative or the employer.
36. GRIEVANCE AND DISPUTE
RESOLUTION PROCEDURE
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps.
(i) Procedure
relating to grievance of an individual employee:
(a) The employee
shall notify (in writing or otherwise) the employer as to the substance of the grievance,
request a meeting with the employer for bilateral discussions and state the
remedy sought.
(b) The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employees’ grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
The employer may be represented by an Industrial
Organisation of Employers and the employee may be represented by an Industrial
Organisation of Employees for the purpose of each procedure.
(ii) Procedure
for a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time levels must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an Industrial Organisation of Employers and the employee
may be represented by an Industrial Organisation of Employees for the purpose
of each procedure.
37. HIGHER DUTIES ALLOWANCE
(i) An employee
required by the employer to work for less than half a shift on work carrying a
higher rate of pay shall be paid at the rate as for a shift’s work and, when
required to work of more than half shift but less than a whole shift on such
work, shall be paid as for a whole shift’s work.
(ii) This clause
shall not apply to actual periods of one hour or less or to interchange of work
arranged between employees to meet their personal convenience.
38. OCCUPATIONAL HEALTH AND
SAFETY
Each employer and employee bound by the terms and conditions
of this Award shall co-operate positively in respect of obligations pursuant to
the Occupational Health and Safety Act
1983.
39. TRAINING
Trade Union Training Authority Leave - Upon application an
employee, nominated by the Union, may be granted leave by the employer, without
loss of pay, to attend courses conducted or approved by the Australian Trade
Union Training Authority, subject to the following conditions:
(i) That the
employer or the employer's nominee receives written notification from the Union
at least 20 days prior to commencement of the course and shall include the
following details:
(a) the
names of employees seeking leave;
(b) the
period of time for which leave is sought;
(c) the
title, description and agenda of the course or courses to be attended;
(d) a copy
of the syllabus or curriculum of the course or courses to be attended, if
available.
(ii) Where an
employee attending a course pursuant to this clause is recalled to the
employee's place of work by the employer because of reasons unforeseen at the
time of granting the said leave, all time spent at the course prior to recall
shall be reinstated as if such leave was not taken.
(iii) An employee
shall not be eligible to attend such courses until six months service has been
served with the employer.
(iv) Leave of
absence on training leave shall be counted as service.
(v) Employees
granted leave shall, if requested within fourteen days of the completion of the
course or courses for which leave was granted, provide to the employer a report
of the nature of the course or courses attended and the employee's observations
thereon.
(vi) Leave under
this clause shall be limited to five days in any one year for each nominee.
(vii) This clause
shall not bind an employer who employs fewer than 15 employees covered by this
Award.
(viii) Where an
employee fails to attend the course or courses for which leave has been granted
by the employer, the Union shall notify the employer as soon as possible of the
non-attendance and the period thereof. The employer shall not be required to
make payment for any period of leave granted that is not utilised in the
attendance at a course, unless the employee can substantiate that the failure
to attend the course was due to illness in accordance with the employee's
obligations under Sick Leave.
(ix) The employee
shall provide the employer with proof of attendance.
40. SAVINGS CLAUSE
The employees previously employed under the Clerical and
Administrative Employees (State) Award shall not suffer any loss or detriment
as a result of the operation of this award.
41. AREA, INCIDENCE AND
DURATION
(i) The award
published 30 July 1999 rescinded and replaced:
(a) the Clerks
Payroll Companies (State) Award reprinted 25 October 1991 (265 I.G. 957) and
all variations thereof.
(b) The Clerks
Payroll Companies (State) (Wages) Award published 2 August 1996 (294 I.G. 140)
and all variations thereof.
(c) The Clerks
Redundancy (State) Award published 11 August 1995 (287 I.G. 297) to the extent
it applies to full time and part time employees employed in classifications
specified in this award.
(ii) It shall
apply to all persons employed in the classifications specified in clause 9,
Classification Structure and Wages, of this award when employed by an employer
as defined in clause 3, Definitions, of this award within the jurisdiction of
the Clerks (State) Industrial Committee.
(iii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Brambles Armoured
Cash Processing and Clerical and Administrative Employees Award published 30
July 1999 (310 I.G. 192) and all variations thereof.
(iv) The award
published 30 July 1999 took effect from the first full pay period to commence
on or after 7 August 1998.
(v) The changes
made to the award pursuant to the Award Review pursuant to section 19 (6) of
the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial Relations
Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect
on and from 6 July 2001.
(vi) This award
remains in force until varied or rescinded, the period for which it was made
already having expired.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.