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
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REVIEWED AWARD
1. Arrangement
1.
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Arrangement
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2.
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Anti-Discrimination
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3.
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Definitions
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4.
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Hours of Work
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5.
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Meal Breaks
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6.
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Rest Pauses
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7.
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Wage Rates & Grades
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8.
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Allowances
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9.
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Shift Workers
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10.
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Arbitrated Safety Net Adjustment
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11.
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Working in Cold Temperatures
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12.
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Overtime
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13.
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Mixed Functions
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14.
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Saturday & Sunday Work
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15.
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Holidays
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16.
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Annual Leave
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17.
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Annual Leave Loading
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18.
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Long Service Leave
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19.
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Sick Leave
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20.
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Personal/Carers’ Leave
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21.
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Compassionate Leave
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22.
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Parental Leave
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23.
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Terms of Employment
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24.
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Payment of Wages
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25.
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Accommodation
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26.
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Supply of Protective Clothing
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27.
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Consultative Mechanism
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28.
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Training
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29.
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Redundancy & Change
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30.
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Dispute Settlement Procedure
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31.
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Superannuation
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32.
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Area, Incidence & Duration
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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
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Percentage of Adult Rates
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Under 16 years of age
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51%
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Under 17 years of age
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58%
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Under 18 years of age
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67%
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Under 19 years of age
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76%
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Under 20 years of age
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85%
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Under 21 years of age
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90%
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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.