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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BUTTER, CHEESE & OTHER DAIRY PRODUCTS (STATE) AWARD
  
Date10/26/2001
Volume328
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0518
CategoryAward
Award Code 076  
Date Posted02/07/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(076)

SERIAL C0518

 

BUTTER, CHEESE & OTHER DAIRY PRODUCTS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996 and another matter.

 

(Nos. IRC 1891 and 1889 of 1999 and 4355 of 2000)

 

 

Before the Honourable Justice Kavanagh

15 December 2000

 

 

REVIEWED AWARD

 

1. Arrangement

 

1.

Arrangement

2.

Anti-Discrimination

3.

Definitions

4.

Hours of Work

5.

Meal Breaks

6.

Rest Pauses

7.

Wage Rates & Grades

8.

Allowances

9.

Shift Workers

10.

Arbitrated Safety Net Adjustment

11.

Working in Cold Temperatures

12.

Overtime

13.

Mixed Functions

14.

Saturday & Sunday Work

15.

Holidays

16.

Annual Leave

17.

Annual Leave Loading

18.

Long Service Leave

19.

Sick Leave

20.

Personal/Carers’ Leave

21.

Compassionate Leave

22.

Parental Leave

23.

Terms of Employment

24.

Payment of Wages

25.

Accommodation

26.

Supply of Protective Clothing

27.

Consultative Mechanism

28.

Training

29.

Redundancy & Change

30.

Dispute Settlement Procedure

31.

Superannuation

32.

Area, Incidence & Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates

 

2. Anti-Discrimination

 

2.1 It is the intention of the parties bound by this award to seek to achieve the object of in section 3(f) of the Industrial Relations Act 1996 (NSW), to prevent and eliminate discrimination in the workplace on the grounds of race, sex marital status, disability, homosexuality, transgender identity and age.

 

2.2 Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

2.3 Under the Anti-Discrimination Act 1977 (NSW), 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.

 

2.4 Nothing in this clause is to be taken to affect:

 

2.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

 

2.4.2 offering or providing junior rates of pay to persons under 21 years of age;

 

2.4.3 any act or practice of body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977(NSW);

 

2.4.4 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

2.5 This clause does not create legal rights or obligations in addition to those imposed upon by 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."

 

3. Definitions

 

3.1 Casual Employee - means an employee engaged by the hour.

 

Notation: For all ordinary time worked on any one day, a casual employee as defined will be paid at an hourly rate ascertained by dividing the weekly rate prescribed for an employee of the classification in which he or she works plus 15% per cent by 40 (See Clause 7.3 - Wages and Grades). Casual employees will be guaranteed four (4) hours pay at the casual rate for each start (See Clause 7.4 - Wages and Grades).

 

3.2 A "Permanent Part-time Employee" will mean a weekly employee engaged for a minimum of 20 hours per week on not less than three days per week. The times of work for part-time employees will be to a roster. Any work which is outside the roster will be overtime and paid as per Clause 12 - Overtime. The rostered hours may be varied by 48 hours’ notice to the employee

 

Notation: A Part-Time Employee will receive all the benefits of the Award in the ratio of hours as fixed, as they bear to 40 hours. The hourly rate will be the weekly rate divided by 40 (See Clause 7.4 -Wages and Grades).

 

3.3 Weekly Employee means an employee engaged by the week.

 

3.4 Day worker means an employee whose ordinary hours of duty are worked in accordance with subclauses 4.1, 4.2 and 4.3.

 

3.5 Shift worker means an employee, other than a day worker, and whether working on a one, two or three shift system.

 

3.6 Union means the Australasian Meat Industry Employees' Union, New South Wales Branch.

 

3.7 Freezing Room Employee: Means a person who is employed in a freezing room or in an airlock or ante-room leading from that room.

 

3.8 Freezing Room means an artificially cold room the temperature of which is less than minus 1 degree Celsius (30.2 degrees Fahrenheit).

 

4. Hours Of Work

 

Day Workers

 

4.1 Not more than 40 ordinary hours will constitute a week’s work.

 

4.2 By agreement with the Union an employer may implement a different pattern of hours to suit the requirements of the establishment, or sections of the establishment.

 

4.3 In all establishments where a five-day week is observed, such ordinary hours will be worked in five days of eight hours each, Monday to Friday inclusive, between the hours of 6:00 a.m. and 5:00 p.m. By site agreement between an employer and the majority of employees affected, the ordinary hours may be worked between 6:00 a.m. and 6:00 p.m. to suit the particular requirements of the organization

 

Shift Workers

 

4.4 The ordinary hours of shift workers will be ten shifts of eight hours each day, in any one period of 14 consecutive days, or (whether they are on a one, two or three-shift system) according to rosters agreed upon between the employer and the union.

 

All Employees

 

4.5 No employees will be required to work the ordinary hours of the day or shift in broken periods.

 

4.6 The roster of ordinary hours will be posted at the place of work. The employer will give 7 days notice to the employees and the Union before altering an employee’s ordinary working hours. The notice will be given by posting the alteration at the place of work. The ordinary working hours may be varied at any time by agreement between the Union and the employer.

 

5. Meal Breaks

5.1 Day workers will be allowed between thirty minutes and one hour between 11.00 a.m. and 2.30 p.m. on each working day for an unpaid meal break.

 

5.2 Meal breaks may be staggered within each particular work area so that full production may be maintained wherever possible.

 

5.3 Shift workers will be allowed a crib break of twenty minutes each shift at a time agreed upon by the employer and the Union. This crib break will be paid for and counted as time worked.

 

5.4 An employee who is called upon to work for more than two hours after his or her normal finishing time will be allowed 30 minutes for a meal break (or 20 minutes for a crib break in the case of shift workers), which will be taken immediately after the normal finishing time.

 

5.5 An employee who is called upon to work overtime for more than two hours after normal finishing time and who has not been notified on the previous working day of the requirement to work overtime will be provided with a meal by the employer or instead paid the meal allowance set out in Item 1 of Table 2. An employee who has provided himself or herself with a meal after having been so notified, and who is not required to work after the normal finishing time will be paid the meal allowance as set out in Item 1 of Table 2. A meal need not be provided nor payment be made if the employee is permitted and can return home for the meal.

 

5.6 Where an employee is required to work during his or her meal break he or she will be paid at the rate of double time for the work so performed.

 

5.7 Not more than five hours will be worked without a meal break or crib break.

 

5.8 Any payment for a meal under this clause will be in addition to any overtime payment under Clause 12 - Overtime.

 

6. Rest Pauses

 

6.1 Day workers will have a ten minute morning and a ten minute afternoon rest pause.

6.2 Shift workers will have a ten minute rest pause in the first part of the shift and a ten minute rest pause in the second part of the shift.

6.3 Rest pauses will be taken at such times as may be mutually arranged between the employer and the Union and may be staggered to suit the particular work requirements of each section so that full production levels may be maintained.

6.4 Rest pauses will count and be paid for as time worked.

 

7. Wage Rates and Grades

 

7.1 Adults

 

The minimum rates of wages for adults employed as weekly employees in the grades below will be as set out in Table 1 - Wages, of Part B, Monetary Rates:

 

7.2 Juniors

 

7.2.1 A junior employee will be paid, according to age, a percentage of Production Assistant 1.

 

If the junior has acquired the skills of that of a higher grade the payment made to the junior will be a percentage of the adult rate of the relevant grade according to age.

 

 

Years of Age

Percentage of Adult Rates

 

 

Under 16 years of age

51%

Under 17 years of age

58%

Under 18 years of age

67%

Under 19 years of age

76%

Under 20 years of age

85%

Under 21 years of age

90%

 

7.3 Casual Employees

 

7.3.1 For all ordinary time worked on any one day, a casual employee as defined will be paid at an hourly rate ascertained by dividing the weekly rate prescribed for an employee of the classification in which he/she works, plus 15 per cent, by 40.

 

7.3.2 Casual employees will be guaranteed four hours pay at the casual rate for each start.

 

7.4 Part-Time Employees

 

A part-time employee will receive all the benefits of the award in the ratio of hours, as fixed, as they bear to 40 hours. The hourly rate will be the weekly rate divided by 40 hours.

 

Notation: When the award is varied for the 38 hour week, all part-time provisions will be adjusted accordingly.

 

7.5 Grades

 

Employees will be classified and paid in accordance with the following:

 

7.5.1 Production Assistant I is an employee appointed by the employer to this grade who will be required to perform any one or more of the functions within this grade.

 

         General Hand

         General Hand - Laboratory

         Packer

         Machine Operator

         Gardener

         Employee responsible for cleanliness of plant and factory.

 

Packer means an employee who cuts product by wire for bulk packing, feeding product into packing machine, weighing, wrapping in bulk, boxing in bulk, ramming, handling finished product into storeroom and stacking and unstacking in storeroom.

 

General Hand (Laboratory) means an employee engaged in a laboratory washing bottles, labelling containers for samples and performing general cleaning duties.

 

7.5.2 Production Assistant II is an employee appointed by the employer to this grade who will be required to perform any one or more of the functions within this grade and who may be required to perform any of the duties for which they are trained under Production Assistant I.

 

         Storesperson

         Freezing Room Employee

 

7.5.3 Plant Operator Grade 1 is an employee appointed by the employer to this grade who will be required to perform any one or more of the functions within this grade and who may be required to perform any of the duties for which they are trained under Production Assistant I and II.

 

         Tally, Record and Despatch Hand (Plants & Depots)

         Evaporator Operator (Single Effect)

         Ice Cream Mix Maker or Machine Operator

         Syrup Maker

         Head Packer

         Special By-Product Machine Operator

         Milk Drier Operator (Roller)

         Milk and/or Cream Tester

         Pasteuriser and/or Cooler and/or Tanker Flowmeter Operator

         Spray Milk Drier Operator’s Assistant

         Operator Carton or Bottling Machine

         Cultured Product Maker

         Forklift Operator

 

Milk and/or Cream Tester means an employee who determines by any test the purity and fat content of milk and/or cream.

 

Cultured Product Maker means an employee who mixes and cultures product, measures P.H. and controls hot and cold water and is in direct control of the process.

 

7.5.4 Plant Operator Grade 2 is an employee appointed by the employer to this Grade who will be required to perform any one or more of the functions within this grade and who may be required to perform any of the duties for which they are trained under Production Assistant I and II and Plant Operator Grade 1.

 

         Storeperson in charge

         Milk Drier Operator (Spray)

         Assistant Cheesemaker

         Milk and/or Cream Grader

         Laboratory Assistant

         Multi-Function Pasteuriser Operator I

 

Milk and/or Cream Grader means an employee who determines by sight, scent, taste, or other means the quality or grade of milk or cream.

 

Storeperson in Charge means an employee who is responsible for store and records and/or purchasing replacements and/or in charge of other employees in the store.

 

Multi-Function Pasteuriser Operator I means an employee who is directly responsible for the receival and preparation of milk ready for further product processing and is responsible for some basic analytical testing as is required by recognised industry standards.

 

7.5.5 Plant Operator Grade 3 is an employee appointed by the employer to this grade who will be required to perform any one or more of the functions within this grade and who may be required to perform any of the duties for which they are trained under Production Assistant I and II and Plant Operator Grade 1 and 2.

 

         Cheesemaker

         Evaporator Operator (Multiple Effect)

         Butter or Butter oil Maker

         Laboratory Person in Charge

         Ice Cream Control Room Operator

         Multi-Function Pasteuriser Operator II

 

Butter maker means an employee who directly controls the processes of the manufacture of butter and who performs and/or directly supervises the actual process of manufacture after buttermilk has been drained from the churn.

 

Cheese maker means an employee who directly controls the processes of the manufacture of cheese and who performs and/or directly supervises the addition of ingredients to milk, setting and cutting and making of tests.

 

Ice Cream Control Room Operator means an employee who directly controls the processes of the manufacture of ice cream and who knows formulas, weighs off, formulates and directly supervises the process of manufacture.

 

Multi-Function Pasteuriser Operator II means an employee who is directly responsible for the receival and preparation of milk ready for further product processing and is responsible for the full range of chemical analysis of product as is required by recognised industry standards.

 

7.6 An employer may direct an employee to carry out such duties as are within the limits of an employees’ skill, competence and training. The employee will follow such direction.

 

8. Allowances

 

8.1 Driver -

 

A driver of a scammel, articulated or semi-articulated vehicle or a driver of a vehicle with a trailer attached will in addition to the ordinary classified rate of pay be paid the allowance per week set out in Items 2 and 3 of Table 2.

 

8.2 Leading Hands -

 

Employees engaged as leading hands will in addition to the appropriate rates prescribed by this award, be paid the leading hand allowance set out in Items 4 and 5 of Table 2. However, this clause will not apply to employees classified as Head Packer (unless in charge of other than Packers); Foreperson; Storeperson in Charge.

 

8.3 Employees employed clearing or cleaning drying boxes will be paid the amount as set out in Item 6 of Table 2 for each wet clean and the amount as set out in Item 7 of Table 2 for each dry clean.

 

8.4 Employees operating more than two condenser or evaporating pans or ovens will be paid the amount per week as set out in Item 8 of Table 2 per extra pan or oven.

 

8.5 Employees washing condenser pans, condenser or vacuum holding vats or evaporators will be paid the amount as set of in Item 9 of Table 2 for each flying clean and the amount as set out in Item 10 of Table 2 for each full clean.

 

8.6 An employee operating a pedestrian stacker under conditions specified in Clause 11 - Working in Cold Temperatures, of this Award, will be paid an additional amount per week as set out in Item 11 of Table 2.

 

8.7 An employee operating a pedestrian stacker will be paid an additional amount at the rate per week as set out in Item 12 of Table 2.

 

8.8 An employee operating a pedestrian forklift will be paid an additional amount at the rate per week as set out in Item 13 of Table 2.

 

8.9 First-Aid Allowance -

 

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 St John Ambulance or similar body, will be paid an allowance as set out in Item 14 of Table 2 if he or she is appointed by his or her employer to perform first aid duty.

 

8.10 Laundry Allowance -

 

8.10.1 The employer may launder employees’ clothing or provide washing facilities for the use of employees in working time to wash clothing.

 

8.10.2 If the employer decides not to provide washing facilities or does not launder the employees’ clothing, then each employee will be paid an amount per week as set out in Item 15 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

9. Shift Workers

 

9.1 In addition to their ordinary rate of pay, shift workers will be paid the following allowances for shifts worked as follows:

 

9.1.1 For Early Morning Shift

 

(a shift finishing after 9:00am and before 2:00pm)

Item 16 of Table 2

 

 

9.1.2 For Afternoon Shift

 

(a shift finishing after 6:00pm and at or before midnight)

Item 17 of Table 2

 

 

9.1.3 For Night Shift

 

(a shift finishing after midnight and at or before 9:00am) Item 18 of Table 2

 

 

 

9.1.4 Fixed Afternoon or a fixed night shift

Item 19 of Table 2

 

10. Arbitrated Safety Net Adjustment

 

10.1 This subclause is effective from the first full pay period to commence on or after 23 October 2000.

 

The rates of pay of this award include the first, second and third arbitrated safety net adjustments payable under the State Wage Case - December 1994 Decision. All the above safety net adjustments may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991. Increases made under previous State Wage Case principles or under the current principles, excepting those resulting at the enterprise level, are not to be used to offset arbitrated safety net adjustments.

 

10.2 This subclause is effective from the first full pay period to commence on or after 23 October 2000.

 

The rates of pay in this award include the $10 State Wage Case - August 1997 adjustments payable under the State Wage Case - August 1997 decision. This adjustment may be offset against:

 

         any equivalent overaward payments, and/or

 

         award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

10.3 This subclause is effective from the first full pay period to commence on or after 23 January 2001.

 

The rates of pay in this award include the adjustments payable under the State Wage Cases of August 1997 and June 1998. This adjustment may be offset against:

 

         any equivalent overaward payments, and/or

 

         award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

10.4 This subclause is effective from the first full pay period to commence on or after 23 April 2001.

 

The rates of pay in this award include the adjustments payable under the State Wage Cases of June 1998 and June 1999. This adjustment may be offset against:

 

         any equivalent overaward payments, and/or

 

         award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

10.5 This subclause is effective from the first full pay period to commence on or after 23 July 2001.

 

The rates of pay in this award include the adjustments payable under the State Wage Case 2000. This adjustment may be offset against:

 

         any equivalent overaward payments, and/or

 

         award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

11. Working In Cold Temperatures

 

11.1 Other than Freezing Room Employees -

 

11.1.1 Any employee working in an area at an artificially reduced temperature of less than two degrees Celsius will be paid (per hour or part thereof) an amount as set out in Item 20 of Table 2.

 

11.1.2 Any employee working in an area at an artificially reduced temperature of less than minus one degree Celsius will be paid (per hour or part thereof) an amount as set out in Item 21 of Table 2.

 

11.1.3 If the temperature goes below minus eighteen degrees Celsius after an hour of duty the employee will be entitled to refuse to work in the room unless the employee is classified as a freezing room employee under the following conditions.

 

11.2 Freezing Room Employees -

 

11.2.1 Each employee will have been medically selected as fit to work in extremely cold conditions.

 

11.2.2 The employer will make available free of charge for the use of each employee, freezer boots, coats, caps and gloves, including inner gloves if required.

 

11.2.3 Any employee working in an area at an artificially reduced temperature of less than minus sixteen degrees Celsius will be paid (per hour or part thereof) an amount as set out in Item 22 of Table 2.

 

11.2.4 Any employee working in an area at an artificially reduced temperature of less than minus twenty degrees Celsius will be paid (per hour or part thereof) an amount as set out in Item 23 of Table 2.

 

11.2.5 Any employee working in an area at an artificially reduced temperature of less than minus thirty degrees Celsius will be paid (per hour or part thereof) an amount as set out in Item 24 of Table 2.

 

11.2.6 Employees required to work in temperatures of less than minus twenty degrees Celsius will be allowed reasonable breaks from such work outside the freezing chamber.

 

11.3 General

 

11.3.1 The allowances provided in this Clause will not apply unless the temperature remains at the prescribed level for at least one hour after commencing work.

 

11.3.2 Time worked which on any day is less than thirty minutes in the aggregate will be disregarded.

 

11.3.3 An employee who is overheated through working outside will be allowed time to cool off before being required to work in a temperature artificially reduced below two degrees Celsius.

 

11.3.4 For the purpose of this Clause the temperature of a room will be the temperature of the coldest part of such room.

 

11.3.5 An employer and the Union may agree to incorporate cold temperature allowances in the weekly rate for employees, regard being paid to the time actually spent in freezing rooms, in lieu of the specific payments by this Clause.

 

11.3.6 The amounts provided by this Clause each stand alone and are not cumulative.

 

11.4 Method of Measuring Temperature

 

The method of measuring artificially reduced temperatures will be to place a thermometer at a height of 1.2 metres in the centre of the work area at least one hour after starting work.

 

12. Overtime

 

12.1 All time worked outside the ordinary rostered working hours will be overtime. It will be paid for at the rate of time and one‑half for the first two hours and double time thereafter.

 

12.2 However, a shift worker working on his/her weekly day(s) off, other than a Sunday, or a day worker on a five‑day week, Monday to Friday inclusive, working on Saturday will be paid time and one‑half for the first four hours and double time thereafter for such overtime.

 

12.3 An employee who is directed and does attend to work overtime at the hours required by the employer on Saturday or his/her weekly day(s) off, will be paid a minimum of four hours at the appropriate rates of pay.

12.4 Where overtime commences on one calendar day and extends into the following calendar day, the whole period of overtime will be deemed to have been worked on the former day for the purposes of calculation of overtime.

 

12.5 An employee who is called back to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) will be paid a minimum of two hours at the appropriate overtime rate for each period so recalled.

 

12.6 Rest Period After Overtime

 

12.6.1 When overtime is necessary, it will be arranged where practicable so that employees have at least eight consecutive hours off duty between work of successive days.

 

12.6.2 An employee (other than a daily hand) who works so much overtime between the end of his/her ordinary work on one day and the start of his/her ordinary work on the next day, that he/she has not had at least eight consecutive hours off duty between those times will, subject to this subclause, be released after such overtime until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

12.6.3 If, on the instructions of his/her employer, such an employee resumes or continues work without having had eight consecutive hours off duty, he/she will be paid at double rates until he/she is released from duty for this period and he/she will then be entitled to be absent until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

12.7 Each day will stand alone in the calculation of overtime, except when worked continuously from one calendar day into the next.

 

13. Mixed Functions

 

13.1 An employee who is required to perform, on any day or shift, work for which a higher rate of wage than that of his/her ordinary grading is prescribed will be paid as follows:

 

13.1.1 If required to perform such work for four hours or more, he/she will be paid for the day or shift the higher rate of wage prescribed for the work performed.

 

13.1.2 If required to perform such work for two hours or more, but less than four hours, he/she will be paid for one half day or shift at the higher rate of wage prescribed for the work performed.

 

13.1.3 If required to perform such work for less than two hours, he/she will be paid the higher rate of wage prescribed for the work performed, for the time actually occupied on such work.

 

13.2 No additional payment under this clause need be made to an employee who is required to perform, on any day or shift, such higher paid work for not more than 30 minutes because of the failure of another employee to present himself/herself for work at his/her ordinary starting time.

 

13.3 An employee who is required to perform, an any day or shift, work for which a lower rate of wage than that of his/her ordinary grading is prescribed, will suffer no reduction in pay for such work performed.

 

14. Saturday and Sunday Work

 

14.1 All time worked on Saturday which is not overtime will be paid for at the rate of time and one-half.

 

14.2 All time worked on Saturday which is overtime will be paid in accordance with Clause 12 - Overtime.

 

14.3 All time worked on Sunday which is not overtime will be paid for at the rate of time and one-half.

 

14.4 All time worked on Sunday which is overtime will be paid for at the rate of double time.

 

14.5 Any employee, other than a casual employee, who is directed to and does attend for duty on Sunday at the hours required by the employer and which is not included in his/her ordinary rostered hours for the week, will be paid a minimum of four hours at the appropriate rate of pay.

 

14.6 The extra rates prescribed by subclauses 14.1 and 14.3 of this clause will be in substitution for and not in addition to the shiftwork allowances prescribed in Clause 9 - Shift Workers.

 

15. Holidays

 

15.1 The following days will be public holidays for the purposes of this award: New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day ‑ April 25, Queen’s Birthday, Eight Hour Day, Christmas Day ‑ December 25, Boxing Day, the Picnic Day of the Union and any day proclaimed and observed as a holiday for the State.

 

15.2 No deduction in the wages of weekly employees will be made for public holidays.

 

15.3 For each holiday which occurs on a working day, an employee will be deemed to have worked such number of ordinary hours as he/she would have worked had the day not been a holiday.

 

15.4 All time worked on public holidays, other than those listed in clause 15.5 will be paid at double time and one half.

 

15.5 All time worked on Good Friday, Anzac Day - 25 April, and Christmas Day - 25 December, will be paid for at the rate of triple time.

 

15.6 As an alternative to 15.4 and 15.5, an employer may elect to give employees either two weeks leave of absence per annum at ordinary rates or one weeks leave per annum at ordinary rates and also one weeks wages, in lieu of payment for all public holidays.

 

Where an employer elects to use either of the alternatives listed in 15.6, then:

 

15.6.1 all time worked on Good Friday, Anzac Day ‑ April 25, and Christmas Day ‑ December 25 will be paid at double time and a half and for all other public holidays at time and a half.

 

15.6.2 the employer must notify the employees and the Union within 14 days of the intention to use the alternative for the whole plant or a section of it. In notifying the employees, the employer must post a notice in a place conveniently accessible to the employees.

 

15.6.3 Any employee whose services are terminated will be paid as if he or she worked on the public holidays in accordance with clause 15.3 or 15.4 for all holidays standing to his or her credit.

 

15.6.4 Annual leave, as prescribed by the Annual Holidays Act 1944, will not form part of any leave of absence pursuant to this clause.

 

Where annual leave is granted in conjunction with leave in accordance with this clause, the first part of such combined leave will be deemed to be annual leave pursuant to the Act.

 

15.7 An employee (other than a casual employee) who is directed to and does attend for duty on a holiday to work hours which are not included in the employees ordinary rostered hours (had the day not been a holiday) will be paid a minimum payment of four hours at the appropriate rate of pay.

 

15.8 Where an employer has not elected to work under the provisions of clause 15.6, and an employee is rostered off duty on any of the holidays mentioned in subclause 15.1 of this clause, he/she will be paid one day’s pay or have one day added to his/her annual leave for each holiday rostered off duty.

 

15.9 An employee absent without leave or reasonable excuse on the working day before a holiday prescribed herein, or the working day after such holiday, will forfeit wages for the days absent and for the holiday.

 

16. Annual Leave

 

See Annual Holidays Act 1944.

 

17. Annual Leave Loading

 

17.1 In this clause, the Annual Holidays Act 1944 is referred to as "the Act".

 

17.2 Before an employee is given and takes an 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 will pay the 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 17.6.)

 

17.3 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.

 

17.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding leave, or leave and payment pursuant to clause 15.6 and also excluding days added pursuant to clause 15.8 to compensate for public or special holidays falling on an employees rostered day off not worked) and which commences on or after the date of operation of this award, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(Note: See 17.6 as to holidays taken wholly or partly in advance).

 

17.5 -

 

17.5.1 The loading is the amount payable for the period or the separate period, as the case may be, stated in 17.4 at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed pursuant to Clause 7 - Wages and Grades, immediately before commencing an annual holiday, together with, where applicable:

 

(a) the leading hand allowances pursuant to 8.2; and

 

(b) the extra rates pursuant to 8.3, 8.4, 8.5, 8.6, 8.7 and 8.8.

 

17.5.2 When determining the total level of weekly remuneration on which annual leave loading is calculated in accordance with 17.5.1, the following are not included:

 

(a) the shift allowances prescribed by Clause 9 - Shift Allowances and Shift Workers;

 

(b) the rate for Saturday and Sunday ordinary work pursuant to Clause 14 - Saturday and Sunday Work; and

 

(c) any other allowances, penalty rates, overtime rates or any other payment prescribed by this award.

 

17.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance. However, if the employment of such an employee continues until the day when he/she 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 17.5, applying the award rates of wages payable on that day.

 

17.7 Where 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:

 

17.7.1 An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday will be paid the loading calculated in accordance with 17.5.

 

17.7.2 An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay will be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

 

17.8

 

17.8.1 When the employment of an employee is terminated by the 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 he/she became entitled, he/she will be paid a loading calculated in accordance with 17.5 for the period not taken.

 

17.8.2 Except as provided by 17.8.1, no loading is payable on the termination of an employee’s employment.

 

17.9 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on annual holidays. However, if the amount to which the employee would have been entitled by way of allowances pursuant to Clause 9 - Shift Workers, and the rates for Saturday and Sunday shifts pursuant to Clause 14 - Saturday and Sunday Work, for ordinary shifts which he/she would have worked according to shift roster if he/she had not been on annual holiday exceeds the loading calculated in accordance with this clause, then that amount will be paid to the employee in lieu of the loading.

 

18. Long Service Leave

 

See Long Service Leave Act 1955.

 

19. Sick Leave

 

19.1 An employee, other than a casual employee, who has worked for the employer for more than three months and who is unable to attend work because he/she is ill or injured will be entitled to:

 

19.1.1 up to forty ordinary working hours off in the first year of continuous service without loss of pay; and

 

19.1.2 up to eighty ordinary working hours off in each of the second and subsequent years of continuous service without loss of pay.

 

19.2 An employee who is sick due to his or her own serious and wilful misconduct will not be entitled to claim sick leave in accordance with this clause.

 

19.3 An employee on workers’ compensation with sick leave entitlements under this clause will not be entitled to claim sick leave payments but upon request to the employer will be entitled to the difference between the amount received as worker’s compensation and full pay. If an employer pays the difference, the employee’s sick leave entitlement under this clause will, for each week during which such difference is paid, be reduced by that proportion of 40 hours which the difference paid bears to full pay.

 

19.4 As soon as is reasonably practicable and within 24 hours of the commencement of an absence due to illness or injury the employee must:

 

19.4.1 notify the employer of his/her inability to attend work so as to allow the employer to make alternative arrangements; and

 

19.4.2 state the nature of the illness or incapacity and the estimated duration of the absence.

 

19.5 An employee must prove, to the satisfaction of the employer, (or, in the event of a dispute, the Industrial Relations Commission of New South Wales), that he/she is or was unable, on account of such illness or injury to attend for duty on the day or days for which payment under this clause is claimed

 

19.6 The employer (or the employer’s representative) will have the right to interview an employee who has been absent from duty to ascertain:

 

19.6.1 whether or not an employee is or has been ill or injured; and

 

19.6.2 particulars of the illness (including, where applicable, the estimated duration of his/her absence).

 

19.7 Where the employer’s representative is a legally qualified medical practitioner, the right to interview an employee will include the right to examine the employee.

 

19.8 Any employee who unreasonably refuses to be interviewed or unreasonably refuses or prevents the examination specified in paragraph 19.7 of this clause will not be entitled to payment for the period during which he/she is absent from duty.

 

19.9 For the purposes of this clause continuous service includes any absence from work on leave granted by the employer and any absence from work by reason of personal illness, injury or other reasonable cause (proof of which in each case will be upon the employee) any such time lost will not be counted as part of the qualifying period of three months.

 

19.10 The rights under this clause will accumulate from year to year so long as the employment continues with the employer so that any part of sick leave which has not been allowed in any year may be claimed by the employee and will be allowed by the employer, in a subsequent year of such continued employment. Any rights which accumulate pursuant to this subclause will be available to the employee for a period of six years, but for no longer, from the end of the year in which they accrued.

 

20. Personal/Carers’ Leave

 

20.1 Use of Sick Leave

 

20.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 20.1.3(i), who needs the employee’s care and support, will be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 19 - 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.

 

20.1.2 The employee will, 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.

 

20.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

 

The employee being responsible for the care of the person concerned and

 

(i) The person concerned being:

 

(a) a spouse of the employee; or

 

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d) a same sex partner who lives with the employee, as the de facto partner of that employee on a bona fide domestic basis; or

 

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

 

20.1.4 An employee will, 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 will notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

20.2 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 20.1.3(i) who is ill.

 

20.3 Annual Leave

 

20.3.1 An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

20.3.2 Access to annual leave, as prescribed in 20.3.1 of this subclause, will be exclusive of any shutdown period provided for elsewhere under this award.

 

20.3.3 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.

 

20.4 Time Off in Lieu of Payment for Overtime

 

20.4.1 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.

 

20.4.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is an hour for each hour worked.

 

20.4.3 If, having elected to take time as leave in accordance with 20.4.1 of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates will be made at the expiry of the 12 month period or on termination.

 

20.4.4 Where no election is made in accordance with the said 19.4.1, the employee will be paid overtime rates in accordance with the award.

 

20.5 Make-Up Time -

 

20.5.1 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.

 

20.5.2 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.

 

21. Compassionate Leave

 

21.1 An employee, other than a casual, will be entitled to up to two days compassionate leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person as prescribed in subclause 21.3 of this clause.

 

21.2 The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.

 

21.3 Compassionate leave will 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 clause 20.1.3(i) of Clause 20 - Personal/Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

 

21.4 An employee will not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

 

21.5 Compassionate leave may be taken in conjunction with other leave available under subclauses 20.2, 20.3, 20.4 and 20.5 of the said Clause 20. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

22. Parental Leave

 

See the Industrial Relations Act 1996.

 

23. Terms of Employment

 

23.1 An employee will be engaged as a weekly employee, a casual employee or as a part-time employee and each employee will be notified at the beginning of employment and before commencing work whether he/she is a weekly, part-time or casual employee.

 

23.2 A weekly employee will be paid by the week and, except in the case of misconduct justifying summary dismissal, the employment may be terminated by one week’s notice on either side given on any working day, or/with the right to the payment or forfeiture of one week’s wages in lieu thereof, as the case may be.

 

23.3 The employer may:

 

23.3.1 deduct payment for any day or portion thereof during which an employee is stood down by the employer as a result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee;

 

23.3.2 deduct payment for any day during which an employee cannot be usefully employed because of any strike or through any breakdown of machinery or due to any cause for which the employer cannot reasonably be held responsible;

 

23.3.3 dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct, and in such cases wages will be payable up to the time of dismissal only.

 

Notation:

 

Section 170CM of the Workplace Relations Act 1996 requires an employer to give a full-time or part-time employees the following periods of notice:

 

Employees Period of Continuous Service with the Employer

Period of Notice

Not more than 1 year

At least 1 week

More than 1 year but not more than 3 years

At least 2 weeks

More than 3 years but not more than 5 years

At least 3 weeks

More than 5 years

At least 4 weeks

 

In addition to the notice above, employees over 45 years old who has completed at least 2 years continuous service with the employer will be entitled to an additional week’s notice.

 

24. Payment Of Wages

 

24.1 Employees will be paid weekly in the employer's time no later than Friday of each week.

 

24.2 However, the pay period may be varied by agreement between the Union and the employer, but at no time will the employer hold more than two days wages in hand.

 

24.3 The employer may elect to pay the employee by cheque, direct deposit to personal account by electronic funds transfer or cash.

 

25. Accommodation

 

25.1 Each employer will provide for the use of employees:

 

         a dressing room containing hot and cold showers;

 

         adequate lockers fitted with lock and key;

 

         facilities for boiling water for meals and at rest pauses (unless boiling water is supplied by the employer);

 

         where so requested by ten or more employees, who regularly use bicycles for transport to and from their employment, a suitable structure for storing bicycles with protection from sun and rain.

 

25.2 The employer, with the co‑operation of the employees, will cause all accommodation to be kept in a clean and sanitary condition.

25.3 Accommodation for females will be separate from that of males.

 

26. Supply of Protective Clothing

 

26.1 The employer will each year supply, free of cost, adequate approved work uniforms.

 

26.2 Uniforms will be replaced on a fair wear and tear basis. If an employee can show to the employer’s satisfaction that his/her clothing is subject to excessive wear and tear because of duties of the position, the employer will supply to the employee such additional clothing as is reasonably necessary.

 

26.3 Each employee required to work in a room in which the temperature has been artificially reduced below two degrees Celsius (35.6 degrees Fahrenheit) will be supplied, free of cost, with suitable warm clothing for use in such work.

 

26.4 Where the duties of an employee require the use of gloves, they will be supplied free of cost by the employer.

 

26.5 An employee whose work is performed under wet conditions or who works in all weathers will be supplied, free of cost, according to the nature of the work, with waterproof aprons, gumboots or oilskins.

 

"Wet conditions" means conditions in which clothing or boots of an employee would, in the absence of protective clothing, become saturated with moisture in the course of the work.

 

26.6 Subject to the provisions of the Occupational Health and Safety Act 2000, any employee applying for new items issued in accordance with this clause, who fails to return those corresponding items already issued, will not be entitled to those new items unless they pay for them at a reasonable price.

 

26.7 Upon termination of employment, an employee will be required to return to the employer the uniforms and/or protective clothing last issued to him/her. In the event that the employee fails to return those items without reasonable cause or excuse, the employer will be entitled to deduct from any monies due to the employee, a fair and reasonable sum for the value of such articles, as at the time of the termination of employment.

 

27. Consultative Mechanism

 

Each plant, enterprise or depot will establish a consultative mechanism and procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

 

28. Training

 

28.1 Promotion and access to training will be offered on the basis of an assessment of ability by the employer.

 

28.2 Employees may be temporarily transferred for the purposes of training. Where this requires extra travelling, the employee will be reimbursed for all extra fares and will be paid at ordinary-time rates for all extra travelling time.

 

29. Redundancy and Change

 

29.1 Application

 

29.1.1 This clause will apply in respect of full-time and part-time employees.

 

29.1.2 This clause will only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

29.1.3 Notwithstanding anything contained elsewhere in this clause, this clause will not apply to employees with less than one year’s continuous service and the general obligation on employers will 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.

 

29.1.4 Notwithstanding anything contained elsewhere in this clause, this clause will 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.

 

29.2 Introduction of Change

 

29.2.1 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 will notify the employees 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 or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration will be deemed not to have significant effect.

 

29.2.2 Employer’s duty to discuss change

 

(1) The employer will discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in 29.2.1 above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and will give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2) The discussion will commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in 29.2.1.

 

(3) For the purpose of such discussion, the employer will 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 will not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

29.3 Redundancy

 

29.3.1 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 29.2.1, and that decision may lead to the termination of employment, the employer will hold discussions with the employees directly affected and with the union to which they belong.

 

(2) The discussions will 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 will 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 will, 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 will not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

29.4 Termination of Employment

 

29.4.1 Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with 29.2.1 above.

 

(1) In order to terminate the employment of an employee the employer will 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, will be entitled to an additional week’s notice.

 

(3) Payment in lieu of the notice above will 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.

 

29.4.2 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 29.2.1 above:

 

(1) In order to terminate the employment of an employee the employer will give to the employee 3 months notice of termination.

 

(2) Payment in lieu of the notice above will 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 will 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.

 

29.4.3 Time off during the notice period

 

(1) During the period of notice of termination given by the employer, an employee will 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 will, at the request of the employer, be required to produce proof of attendance at an interview or the employee will not receive payment for the time absent.

 

29.4.4 Employee leaving during the notice period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee will 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 will not be entitled to payment in lieu of notice.

 

29.4.5 Statement of employment

 

The employer will, 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.

 

29.4.6 Notice to Centrelink

 

Where a decision has been made to terminate employees, the employer will 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.

 

29.4.7 Centrelink Separation Certificate

 

The employer will, 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.

 

29.4.8 Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in 29.2.1, the employee will 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.

 

29.5 Severance Pay

 

29.5.1 Where an employee is to be terminated pursuant to clause 24.4 above, subject to further order of the Industrial Relations Commission, the employer will 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 will pay in accordance with the following scale:

 

Under 45 Years of Age

Years of Service 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 will 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 will include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the award.

 

29.5.2 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 29.5.1 above.

 

The Industrial Relations Commission will 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 29.5.1 above will have on the employer.

 

29.5.3 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 29.5.1 above if the employer obtains acceptable alternative employment for an employee.

 

29.6 Savings Clause

 

Nothing in this award will 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.

 

30. Dispute Settlement Procedure

 

All grievances, claims or disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

30.1 Any grievance or question, dispute or difficulty which arises will, where possible, be settled by discussion on the job between the employee(s) and the immediate supervisor.

 

30.2 The grievance or question, dispute or difficulty must be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher level of authority.

 

30.3 If the matter is not resolved at those levels, it will be further discussed between the affected employee(s) and the employer. Both the employer's industrial representative and the employee's Union representative may be notified.

 

30.4 If no agreement is reached within a reasonable time period and the Union is involved in the dispute, the Union Secretary or his/her representative will discuss the matter with the employer and/or the employer's nominated industrial relations representative.

 

30.5 At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing the proposed remedy.

 

30.6 Reasonable time limits must be allowed for discussion at each level of authority.

 

30.7 Whilst the foregoing procedure is being followed normal work must continue.

 

30.8 Should the matter still not be resolved within a reasonable time period it may be referred by either party to the Industrial Relations Commission of New South Wales for settlement.

 

31. Superannuation

 

31.1 Definitions

 

31.1.1 "Eligible Employee" will mean a full time or permanent part-time employee (adult or junior) who has completed a total of four weeks’ service with the employer, or a casual or junior employee with more than 152 ordinary hours’ service in any one year.

 

31.1.2 "Approved Fund" means either:

 

(1) A registered company fund, the trust deed of which meets the Commonwealth Government's Standards for occupational superannuation. ("the company fund"); or

 

(2) The Australian Superannuation Savings Employment Trust; or

 

(3) The Meat Industry Employees Superannuation Fund Pty. Limited.

 

31.1.3 "Employee's ordinary weekly earnings" means the Award classification rate, including any over award payment and shift work loadings where applicable. Provided that it will not include overtime, meal money, extra rates, occasional bonus payments or any other ancillary payments of a like nature prescribed by the award.

 

31.2 Contributions

 

31.2.1 The employer will make a superannuation contribution after the qualifying period to an "approved fund" as defined in subparagraph (1) of paragraph 31.1.2 an amount equivalent to three per cent of each eligible employee's ordinary weekly earnings. Contributions will be made in the manner and at the times specified by the terms of the fund or any agreement between the employer and the trustee of the fund.

 

31.2.2 The employer will not be required to make contributions for any period in which an eligible employee is absent on unpaid leave.

 

31.2.3 An eligible employee may make contributions in addition to those paid by the employer an may authorise the employer to pay such contributions into the fund directly from the employee's wages.

 

31.2.4 The obligation of the employer to contribute to the fund in respect of an eligible employee will cease on the last day of such employee's employment with the employer.

 

31.3 Fund Membership

 

31.3.1 An employer will apply to the trustee of a fund to become a participating employer in the fund.

 

31.3.2 Each eligible employee will, upon the employer being accepted by the trustee of the fund, make application to become a member of the fund.

 

31.4 Failure of an Employer to Participate in a Fund

 

Where an employer has failed to make application to participate in a fund, the employer will make such application and, upon acceptance by the trustee, will make an initial contribution to the chosen fund, in respect of each eligible employee, equivalent to the contributions which would have been payable in accordance with subclause 31.2 of this award had the employer made application to participate in the fund and been accepted by the trustee from the date upon which this variation is implemented. The eligible employee will not be entitled to:

 

(1) interest on contributions; and/or

 

(2) death and disability cover,

 

until such time as the employer becomes a participating employer of such fund, that is, the date of acceptance by the trustee, and the eligible employee becomes a member of the same fund.

 

31.5 Refusal of Employee to Participate in a Fund

 

An employer will not be liable to contribute on behalf of any eligible employee who refuses to sign any application form as required by the trust deed of the fund. Such refusal will be in writing, notwithstanding that the employee can at any time apply to have contributions commencing upon becoming a member of the fund. Provided further that where an eligible employee is a member of The Australasian Meat Employees’ Union, New South Wales Branch, such union will be notified of the employee's refusal.

 

31.6 Existing Arrangements

 

An employer will be exempt from the superannuation provisions of this award if that employer has, prior to 29 January 1991, established a fund and is paying, on behalf of eligible employees, contributions providing superannuation benefits equivalent to three per cent of an employee's ordinary weekly earnings. This exemption will extend to all aspects of this clause.

 

31.7 Leave Reserved

 

Leave is reserved to any party bound by this award to apply in Matter No. 405 of 1990 in respect of any unforeseen circumstances not contemplated by the parties at the time of making of this award.

 

31.8 Operative Date

 

This clause will come into force from the first full pay period to commence on or after 1 December 1995.

 

32. Area, Incidence and Duration

 

32.1 This Award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Butter, Cheese and Bacon Factories and Milk and Cream Condenseries, &c. (State) Award published 19 May 1995 (285 I.G. 1187) as varied and the Butter, Cheese and Bacon Factories and Milk and Cream Condenseries Redundancy Award published 21 April 1995 (285 IG 433).

 

32.2 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 Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 15 December 2000.

 

32.3 This award remains in force until varied or rescinded, the period for which it has been made having already expired.

 

32.4 This award applies to persons engaged in whole milk receival and treatment plants other than plants which receive, treat and retail milk only, butter, cheese, condensed milk, dried milk, casein factories associated with milk, butter and/or cheese factories, and/or including persons employed by any such factory or plant to collect bulk milk and/or cream at farms other than farms inside the County of Cumberland who are required to grade milk and/or cream before collection in the State, excluding the County of Yancowinna, the County of Northumberland and that part of the State which is bounded on the south by the northern boundary of the last mentioned county from its eastern extremity westward to the point of its intersection by the main railway line from Singleton to Walgett, thence on the west by the said railway line to Walgett (and including all towns on such railway line from Singleton to Walgett), thence by a line running due north to the New South Wales-Queensland border, thence on the north by such border extending eastwards to the coastline, thence on the east by the coastline extending southwards, to the north-eastern extremity of the County of Northumberland and in all towns on the railway line from Muswellbrook to Merriwa, inclusive;

 

Excepting:

 

Persons employed in the preparation and manufacture of malted milk, carters, grooms, stablepersons, yardpersons, drivers of motor or other power propelled vehicles (other than persons engaged in the collection of bulk milk and/or cream at farms outside the County of Cumberland who are required to grade milk and/or cream before collection) and labourers employed in connection therewith;

 

Engine-drivers, firepersons, greasers, trimmers and cleaners and pumpers engaged in or about the driving of engines and electrical crane, winch and motor drivers;

 

PART B - MONETARY RATES

 

TABLE 1 - WAGES

 

 

Old Rate

SWC 1994

SWC 1998

SWC 1999

SWC

 

Per Week

AND SWC

 

 

2000

 

 

1997

 

 

 

 

 

 

 

 

 

 

 

New Rate Per

New Rate Per

New Rate Per

 

 

 

Week

Week

Week

New Rate

 

 

Effective as of

Effective as of

Effective as of

Per Week

 

 

first pay period

first pay period

first pay period

Effective

 

 

to commence

to commence

to commence

as of first

 

 

on or after

on or after

on or after

pay period

 

 

23/10/00

23/01/01

23/04/01

to

 

$

$

$

$

commence

 

 

 

 

 

on or after

 

 

 

 

 

23/07/01

 

 

 

 

 

$

1.

Production

376.50

394.50

408.50

420.50

435.50

 

Assistant 1

 

 

 

 

 

2.

Production

385.50

403.50

417.50

429.50

444.50

 

Assistant 2

 

 

 

 

 

3.

Plant Operator 1

388.90

406.90

420.90

432.90

447.90

4.

Plant Operator 2

397.20

415.20

429.20

441.20

456.20

5.

Plant Operator 3

409.40

427.40

441.40

453.40

468.40

6.

Foreperson

420.30

438.30

452.30

464.30

479.30

7.

Employee

 

 

 

 

 

 

Grading &

427.70

445.70

459.70

471.70

486.70

 

Taking Delivery

 

 

 

 

 

 

of Milk

 

 

 

 

 

 

TABLE 2 - OTHER RATES

 

Item

Description

Old Rate

SWC 1994

SWC 1998

SWC 1999

SWC

No

 

Per Week

AND SWC

 

 

2000

 

 

 

1997

 

 

 

 

 

 

 

 

 

 

 

 

 

New Rate

New Rate Per

New Rate Per

New Rate

 

 

 

Per Week

Week

Week

Per Week

 

 

 

Effective as

Effective as

Effective as

Effective

 

 

 

of first pay

of first pay

of first pay

as of first

 

 

 

period to

period to

period to

pay period

 

 

 

commence

commence on

commence on

to

 

 

 

on or after

or after

or after

commence

 

 

 

23/10/00

23/01/01

23/04/01

on or after

 

 

$

$

$

$

23/07/01

 

 

 

 

 

 

$

 

 

 

 

 

 

 

1.

Meal Allowance

5.06

5.68

5.68

5.68

5.68

2.

Driver of scammel,

18.45

19.46

20.07

20.59

21.23

 

articulated or vehicle

 

 

 

 

 

 

with trailer attached

 

 

 

 

 

 

 

 

 

 

 

 

 

Where the semi-trailer

 

 

 

 

 

 

has a single axle

 

 

 

 

 

3.

Driver of scammel,

22.45

23.68

24.42

25.05

25.83

 

articulated or vehicle

 

 

 

 

 

 

with trailer attached

 

 

 

 

 

 

 

 

 

 

 

 

 

Where the semi-trailer

 

 

 

 

 

 

has more than one

 

 

 

 

 

 

axle

 

 

 

 

 

4.

Leading Hand

 

 

 

 

 

 

Allowance

 

 

 

 

 

 

 

 

 

 

 

 

 

In charge of more

 

 

 

 

 

 

than two but not more

10.25

10.81

11.15

11.44

11.79

 

than ten employees

 

 

 

 

 

5.

In charge of more

 

 

 

 

 

 

than ten employees

12.35

13.03

13.43

13.78

14.21

6.

Cleaning or Cleaning

 

 

 

 

 

 

Boxes Allowance

 

 

 

 

 

 

 

 

 

 

 

 

 

Each wet clean

0.40

0.42

0.44

0.45

0.46

7.

Each dry clean

0.21

0.22

0.23

0.23

0.24

8.

Operating more than

 

 

 

 

 

 

two

 

 

 

 

 

 

condenser/evaporating

2.38

2.51

2.59

2.66

2.74

 

pans/ovens

 

 

 

 

 

9.

Washing condenser

 

 

 

 

 

 

pans/vacuum holding

 

 

 

 

 

 

vats or evaporators

 

 

 

 

 

 

 

 

 

 

 

 

 

Each flying clean

0.10

0.11

0.11

0.11

0.12

10.

Each full clean

0.37

0.39

0.40

0.41

0.43

11.

Operating a pedestrian

 

 

 

 

 

 

stacker in cold

6.62

6.98

7.20

7.39

7.62

 

temperatures

 

 

 

 

 

12.

Operating a pedestrian

4.90

5.17

5.33

5.47

5.64

 

stacker

 

 

 

 

 

13.

Operating a pedestrian

3.61

3.81

3.93

4.03

4.15

 

forklift

 

 

 

 

 

14.

First-Aid Allowance

7.69

8.11

8.36

8.58

8.85

15.

Laundry Allowance

4.02

4.24

4.37

4.49

4.63

16.

Shift Allowances

 

 

 

 

 

 

 

 

 

 

 

 

 

Early Morning Shift

6.55

6.91

7.12

7.31

7.54

17.

Afternoon shift

8.57

9.04

9.32

9.56

9.86

18.

Night Shift

10.81

11.40

11.76

12.06

12.44

19.

Fixed Afternoon of

 

 

 

 

 

 

Fixed Night Shift

1.20

1.27

1.31

1.34

1.38

 

Extra per shift

 

 

 

 

 

20.

Working in Cold

 

 

 

 

 

 

Temperature

 

 

 

 

 

 

Allowance

 

 

 

 

 

 

 

 

 

 

 

 

 

Work in temperatures

0.12

0.13

0.13

0.13

0.14

 

below 2 degrees

 

 

 

 

 

21.

Work in temperatures

 

 

 

 

 

 

below

0.22

0.23

0.24

0.25

0.25

 

-1 degree

 

 

 

 

 

22.

Work in temperatures

 

 

 

 

 

 

below

0.31

0.33

0.34

0.35

0.36

 

-16 degrees

 

 

 

 

 

23.

Work in temperatures

 

 

 

 

 

 

below

0.58

0.61

0.63

0.65

0.67

 

-20 degrees

 

 

 

 

 

24.

Work in temperatures

 

 

 

 

 

 

below

0.76

0.80

0.83

0.85

0.87

 

-30 degrees

 

 

 

 

 

 

 

 

T. M. KAVANAGH J.

 

 

____________________

 

Printed by the authority of the Industrial Registrar.

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