NUNGERA COOPERATIVE SOCIETY LIMITED (STATE) CONSENT AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1168 of 2001)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Short Title

3.         Definitions

4.         Hours

5.         Overtime

6.         Wages and Definition of Wage Rates.

7.         Public Holidays

8.         Sick Leave

9.         Annual Leave

10.       Annual Holiday Loading

11.       Long Service Leave

12.       Payment of Wages

13.       Terms of Engagement

14.       Mixed Functions

15.       Protective Clothing

16.       Meal Allowance

17.       Travelling Time and Allowances

18.       Wet Work

19.       Tools

20.       First Aid

21.       Jury Service

22        Anti-Discrimination

22A.    Personal/Carer’s Leave

22B.     Bereavement Leave

23.       Employment Facilities

24.       Disputes Procedure

25.       Union Access

26.       Other Leave

27.       Award Display

28.       Notice Board

29.       Consultative Mechanism

30.       Occupational Health & Safety

31.       Savings Clause

32.       Single Bargaining Unit

33.       Area, Incidence and Duration

 

PART B - Rural Classifications

 

Table 1 - Wage Rates

Table 2 - Allowances

Table 3 - Juniors

Table 4 - Training Wages

 

PART C - Clerical Classifications

 

Table 1 - Wages

Table 2 - Juniors

Table 3 - Other Rates & Allowances

 

PART D - Repair & Maintenance Classifications

 

Table 1 - Wages

Table 2 - Wages

 

PART E - Managerial. Training and Trainee Classifications

 

Table 1 to 5 - Wages

 

PART F - Building Trades

 

Table 1 - Indentured Apprentices

Table 2 - Trainee Apprentices

Table 3 - Adult Indentured Apprentices

Table 4 - Adult Trainee Apprentices

Table 5 - Tradesman

 

PART A

 

2.  Short Title

 

This Award shall be known as the Nungera State Award 2001.

 

3.  Definitions

 

(a)        Part Time Employee:

 

(i)         A part-time employee shall mean an adult employee who is employed to work regular days and regular hours, either of which are less than the number of days or hours worked by weekly employees, employed by the employer, but such days shall not be less than 2 per week and such hours shall not be less than 12 per week.

 

(ii)        The rate of pay of part-time employees shall be as set out in clause 6 of this award.

 

(iii)       Notwithstanding anything else contained in this award, the provisions of this award with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, parental leave and holidays shall apply to part-time employees on a pro rata basis for each employee in proportion to the normal ordinary hours worked by weekly employees in the section or department or program in which the part-time employee is employed.

 

(iv)       Not withstanding the provisions of this clause, the union and the employer may agree, in writing, to observe other conditions in order to meet special cases.

 

(b)        Unions shall mean:

 

The Australian Workers' Union New South Wales Branch.

 

Australian Services Union NSW & ACT (services) Branch.

 

Australian Services Union NSW Clerical & Administration Branch.

 

Construction, Forestry, Mining and Energy Union (Construction and General Division) NSW Divisional Branch.

 

(c)        The Act shall mean:

 

The New South Wales Industrial Relations Act 1996.

 

4.  Hours

 

(a)        A meal break of not less than thirty minutes shall be allowed to each employee each day. An employee shall not work longer than five hours without a meal break.

 

(b)        An employee who is required to work the major portion of ordinary hours on any day between sunset and sunrise shall be paid an allowance as set out in Item 1, of Table 2 of Part B of this Award. This sub clause shall not apply where an employee requests to work the major portion of ordinary hours between sunset and sunrise.

 

(c)        A morning rest period of ten minutes shall be allowed to all employees and, if necessary, may be staggered by mutual agreement. Such periods shall be counted as time worked.

 

(d)        Subject to paragraph (a), the ordinary hours of work, exclusive of meal hours, shall not exceed an average of 38 hours per week & shall be worked between the hours of 6.00a.m. and 6.00 p.m., Monday to Friday inclusive and shall be worked in one of the following ways:

 

(i)         on 19 days over a 4‑week cycle; or

 

(ii)        on 10 days over a 2‑week cycle; or

 

(iii)       on 5 days in any week; or

 

(iv)       where the employer and employee agree, rostered days off which occur as a result of employees working in accordance with the provisions of this sub clause may accumulate to a maximum of five days. These accumulated days may be taken at any time mutually agreed between the employer and employee and shall be taken within six months of accrual.

 

Notwithstanding any other provision of this award the ordinary hours of work prescribed herein may be worked up to 10 hours on any day. Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any day but no more than 10, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

 

Provided further that by agreement between the employer and employees and at the request of the employees, broken shifts may be worked.

 

5.  Overtime

 

(a)        Except as hereinafter provided for all time worked in excess of the hours prescribed in Clause 4, Hours, of this Award, shall be paid for at the time and a half for the first two hours and double time thereafter.

 

(b)        When an employee is required to perform work on a Sunday the employee shall be paid at the rate of double time with a minimum of not less than four hours each start.

 

(c)        When an employee is required to perform work on a holiday the employee shall be paid at the rate of double time and a half with a minimum of not less than four hours each start.

 

(d)        Notwithstanding anything elsewhere contained in this clause work performed on Sundays and Holidays, other than Good Friday and Christmas Day, in cases of emergency, essential watering and picking and/or packing of greens and salad vegetables and flowers up to and a maximum of ten hours shall be paid for at time and a half with a minimum payment for four hours, at such rate.

 

(e)        Notwithstanding anything elsewhere contained in this clause, time in lieu of payment for overtime as set out in this clause may be taken if mutually agreed between the employer and employee and at the request of the employee.

 

6.  Wages and Definition of Wage Rates

 

(i)         Wages:

 

The wage rates and allowances shall be paid as set out in:

 

Part B of this award for Rural classifications.

 

Part C of this award for Clerical classifications.

 

Part D of this award for Repair & Maintenance classifications.

 

Part E of this award for Managerial, Trainers & Trainee Classifications and

 

Part F of this award for Building trades classifications.

 

The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:

 

(i)         any equivalent over award payments, and or

 

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

 

NB:

 

The wage rates in part B Table 4 Training Wages and part F Tables 1 - 4 inclusive have been adjusted to include the State Wage Case 30 May 2000 only.

 

The parties will make application to vary these rates during the life of this award to incorporate the 2001 State Wage Case increases.

 

(ii)        Definition of wage rates

 

(A)       Rural Classifications:

 

Section 1:

 

Adult Employees: The minimum rates of wages for any classification shall, subject to the other provisions of this Award, be the weekly rate for the classifications as set out in Table 1 of Part B of this Award.

 

(i)         Farm Employee Level 6 - Quality Inspector

 

(ii)        Farm Employee Level 5:

 

Rural Tradesperson: A person who has been employed for a period of not less than 3 years on an establishment which is involved in rural industry and has completed the rural trades course at TAFE or similar course or courses approved by the rural Apprenticeship Committee upon application.

 

Leave is reserved to the union and employers to make application in relation to the definition of Rural Tradesperson.

 

(iii)       Farm Employee Level 4:

 

An employee at this level performs the following tasks.

 

Understanding and ability to apply quality standards.

 

Ability to blend and class product within class or quality standards.

 

Understanding of causes of variation in quality of product.

 

(iv)       Farm Employee Level 3:

 

An employee at this level performs any of the following tasks.

 

Operation of tractors above 70kw engine capacity including potato harvester.

 

Licensed forklift operations.

 

On farm manufacture of packaging equipment.

 

Boiler and furnace operator.

 

Classing and blending of product.

 

Minor maintenance of plant and equipment.

 

Use of measuring instruments.

 

Loading and unloading of produce onto transport.

 

Prepares deep shafts (over 2.4m) and other structures required for production.

 

(v)        Farm Employee Level 2:

 

An employee at this level performs any of the following tasks.

 

Operation of powered tools or implements including picking or harvesting equipment and forklifts not requiring license or ticket.

 

Operation of irrigation equipment and associated chemical equipment.

 

Operation of tractors drawing power operated attachments/tillage implements with engine capacity of up to 70kw.

 

Farm employee level 1 with at least 12 months experience in the industry.

 

Farm employee level 1 responsible for supervising the work of others.

 

(vi)       Farm Employee Level 1:

 

An employee at this level performs any of the following tasks.

 

Picking of product.

 

Planting of seedlings and plants.

 

Pruning and care of trees and plants.

 

Cultivation of soil, trees and plants including with manually operated tools and equipment.

 

Basic sorting and grading of product.

 

Repair and use of packaging equipment.

 

Incidental tasks involved in getting product to packing shed, including packing and assisting in transport.

 

General labouring duties.

 

Section 2:

 

(A)       Leading Hand:

 

(a)        An employee appointed to be in charge of more than 2 and not more than 8 persons shall be paid as prescribed in Table 1, Section 2 Part B of this Award in addition to the appropriate rate of pay prescribed for in Section 1 Adult Employees in Table 1 ‑ Wage Rates of this Award.

 

(b)       An employee appointed to be in charge of 9 or more persons shall be paid as prescribed in Table 1 Section 2 Part B of this Award in addition to the appropriate rate of pay prescribed for Section 1 Adult Employees in Table 1 Wage Rates of this Award.

 

(c)        The minimum rates for juniors & Australian Traineeship shall be those as prescribed for in Tables 3 & 4 respectively of Part B of this Award.

 

(d)       Allowances shall be paid as set out in. Table 2 Part B of this Award.

 

(B)       Clerical Classifications:

 

(i)         Grades: All adult employees shall be graded in one of the following grades and informed accordingly in writing within 14 days of appointment to the position held by the employee.

 

(a)        Grade 5: means an adult employee who works under direct supervision (as defined hereunder) and who for a major part of the time performs routine or repetitive clerical duties involving the application of clearly prescribed standard practices which require the exercise of limited discretion. Without limiting the generality of the foregoing, examples of the type of work included in the above definition are: Checking figures, matching documents, sorting or filing papers,, handling mail.

 

(b)        Grade 4: means an adult employee who (i) works under general supervision (as defined hereunder) performing clerical duties which involve the exercise of some initiative and minor decision making within a regular work routine; and/or

 

(i)         for the major part of the time operates a switchboard; and/or

 

(ii)        is employed as a typist, and who does not fall within the definition of grades 2 or 1.

 

(c)        Grade 3: means an adult employee who possesses the necessary skills and is classified as one of the following and who does not fall within the definitions of Grades 2 or 1: a stenographer; comptometer operator; ledger posting or similar accounting machine operator; data processing machine operator; tabulating machine operator; computer operator; card punch machine operator; verifier operator.

 

(d)        Grade 2 means an adult employee who:

 

(i)         is capable of and may perform any duties of a Grade 5, 4 or 3 Clerk and who performs clerical duties under limited supervision (as defined hereunder), receives limited instructions which relate only to matters of substance in the work assignment (although more detailed instructions may be necessary on particular occasions),is regularly required to exercise independent initiative and judgement and possesses a requisite knowledge of office procedures and of the employer's business; and/or

 

(ii)        is required to supervise and/or control the work of other clerks (excluding typists and stenographers), a typists' pool and/or the work of bookkeeping; and/or comptometer operators.

 

(e)        Grade 1 means an adult employee who:

 

(i)         is capable of and may perform any duties of a Grade 5, 4, 4 or 2 clerk and who is fully competent in his/her work, requires little guidance in the performance thereof, exercises substantial responsibility and independent initiative and judgement with a requisite knowledge of office procedures and of the employer's business; and/or

 

(ii)        is required to accept responsibility for the work of a department or of a section or the work of clerks (excluding typists and stenographers) engaged in such department or section.

 

(ii)        Definitions: The following expressions appearing in sub clause (i) of this clause shall be defined as follows:

 

Grade 5 Direct Supervision - shall mean that a person:

 

(a)        receives detailed instructions on the work to be performed; and

 

(b)        performs tasks which are part of an overall work routine; and

 

(c)        is subject to regular personal progress checks on the work being performed.

 

Grade 4 General Supervision - shall mean that a person:

 

(a)        receives instructions on what is required on unusual or difficult features of the work and on the method of approach when new procedures are involved; and

 

(b)        is normally subject to progress checks which are usually confined to unusual or difficult aspects of the task; and

 

(c)        has the knowledge and experience required to perform the duties usually without specific instructions but has assignments reviewed on completion.

 

Grade 2 Limited Supervision - shall mean that a person:

 

(a)        may be subject to progress checks which will be principally confined to establishing that satisfactory progress is being made; and

 

(b)        may have his/her assignments reviewed on completion.

 

(iii)       Adults: The minimum rates of wages per week for adult employees shall be the rate of wage as set out in Table 1 of Part C of this Award.

 

(iv)       Juniors: The minimum rates of wages per week for junior employees shall be as set out in Table 2 of Part C of this Award.

 

(v)        List of Employees Grades: An employer shall keep a list of employees and the grade in which they are employed pursuant to sub clause (I) of this clause, and each employee shall be notified in writing within 14 days of appointment to that and

 

(vi)       subsequent graded positions.

 

(vi)       Allowances shall be paid as per Table .2. Part B of this Award.

 

(C)       Repair & Maintenance Classifications:

 

(a)        The minimum rates of wages per week for employees engaged in the Handyman Classifications shall be the rate of wage as set out in Table 1 of Part D of this Award.

 

(b)       The minimum rate payable to a Leading Hand Handyman shall be those rates as prescribed in Table 2 of Part D of this Award.

 

(c)        Allowances shall be paid as per Table 2 Part B of this Award.

 

(D)       Managerial, Trainers and Trainee Classifications:

 

(a)        Project Assistant:

 

"Project assistant" shall mean a person engaged to perform program support and administrative duties under the direction of the project manager or another employee with delegated supervisory responsibility. Such an employee may also provide limited direct support to clients of the service undertaking self paced instructional packages and/or open access activities. While the employee would operate within clearly defined guidelines with readily observable outcomes, he/she may be expected to exercise limited discretion and solve minor problems arising from the course of their duties.

 

(b)       Training and development officer grade 1:

 

"Training and development officer grade "1" shall mean a person engaged to deliver training in a single vocational or other area of training. Such an employee would operate within clearly defined guidelines under the direction of the manger or another more senior employee. An employee who undertakes training duties for the same employer in more than one vocational or there area or training, or who performs a wider rate of duties than the following shall be classified as a training and development officer grade 2 and not as a training and development officer grade 1.

 

(i)         An employee in this classification may be expected to perform the following duties:

 

to participate in the selection and assessment of client suitability for the training area in which they provide instruction;

to assist in following up client outcomes for their area of instruction;

 

to undertake necessary curriculum planning and evaluation under supervision.

 

(ii)        An employee classified as a project assistant who temporarily performs duties at the training and development officer grade 1 level shall be paid a higher duties allowance equivalent to the difference between their award rate of pay and the rate of pay of a training and development officer Grade 1 level A for any day in which all or a substantial part of the functions of a TDO grade 1 are performed.

 

(iii)       To assist in the facilitation of career advancement of project assistants, employers may structure the job of a project assistant to incorporate some functions of training and development officer grade 1 should they wish to design a mixed function job incorporating duties normally performed in both classifications.

 

(c)        Training and development officer grade 2:

 

(i)         "Training and development officer grade "2" shall Mean a multi‑functioned employee who is engaged to provide direct services to participants in training courses and other services provided by the employer. Such officers would be required to assist in the development and administration of programs. This may include arranging and conducting training courses and other activities, organising for casual sessional instructors, evaluating course and program effectiveness and relevance, and interviewing participants and assessing their training and other needs associated with services provided by the employer.

 

(ii)        A training and development officer grade 2 may also be required to write reports and assist in the preparation of funding proposals. They may have some responsibility for liaison and co-ordination with other services and programs and for referral of clients to appropriate agencies and programs. Within policy parameters set by the employer, they may be required to liase with industry, employers and the media to encourage community and business support for the program. They are expected to exercise professional judgement within the policy and management parameters of the employer.

 

(iii)       An employee classified as a project officer grade 1 prior to the introduction of the new award classification structure on 1 March 1992 shall be classified as a training and development officer grade 2.

 

(d)       Manager grade l/training and development co-ordinator:

 

(i)         'Manager grade l/training and development co-ordinator" shall mean a person engaged to manage the operations of a small to medium size service or, in the case of a training and development co-ordinator, to assist the manager of a larger and more complex service in the management of all or part of the service.

 

(ii)        The manager/training and development Co-ordinator may either directly to board or committee of the sponsor organisation or report to a more senior manager in the sponsor organisation. 

 

(iii)       Such officers shall be required to manage or assist in the management of the service within the policy parameters of the employer and may also be required to develop policy proposals and other reports for consideration by the employer and/or funding authorities. They may also be expected to develop and implement strategies to ensure community and business support of the service.

 

(iv)       Such employees may be required to co-ordinate the development, implementation and evaluation of programs and/or services of the employer including the preparation of funding proposals and budgets on behalf of the employer and the monitoring of. Program performance and budgets. They would be expected to exercise a staff leadership role and supervise other employees of the service. This may include the co-ordination of induction of new employees, training and other human resource development strategies, and co‑ordination of work tasks and responsibilities. They would be expected to represent the employer in dealings with local employers, government and community agencies and in dealings with local media.

 

(v)        An employee engaged as a training and development co-ordinator may also be expected to deliver training courses for clients of the service, though this responsibility would not form the major part of the employee's job.

 

(vi)       No manager grade 1 of a service with total weekly staffing of up to and including 190 staffing hours may advance beyond level D and nor shall any training and development co‑ordinator advance beyond this level. No employee who reports directly to a more senior manager in the sponsor organisation shall proceed beyond manger grade l/training and development co‑ordinator.

 

(e)        Manager grade 2:

 

(i)         "Manager grade 2" shall mean an employee engaged to manage a single service or multiple projects sponsored by the same employer with total weekly staffing in excess of 285 staffing hours where the manager reports directly to the board or committee of the sponsor organisation.

 

(ii)        Functions would generally be similar to a manager grade 1 except that their position would involve increased complexity and responsibility as a result of the size and complexity of the services(s), which they manage. They may also be required to supervise the work of managers grade l/training and development co-ordinators where such employees are employed by the same employer.

 

(f)        The minimum rates of pay per week shall be the rate for wages as set out in Table 1‑5 of Part E of this Award.

 

(g)       Allowances shall be paid as per Table 2 Part B of this Award.

 

(E)        Building Trades Classifications:

 

(a)

 

(i)         Junior Indentured Apprentices

 

(ii)        Junior Trainee Apprentices

 

(iii)       Adult Indentured Apprentices

 

(iv)       Adult Trainee Apprentices

 

(v)        Carpenters

 

(vi)       Bricklayers

 

(b)       The minimum rates of pay per week shall be the rate for wages as set out in the Tables 1‑5 of part F of this Award.

 

(c)        Pursuant to Clause 31 Savings Clause, allowances to Building classifications shall be paid as per the Building Tradesmans (State) Construction Award.

(F)        Part-time Employees:

 

A part-time employee shall be paid an hourly rate ascertained by dividing the weekly rate payable for the classification by thirty-eight.

 

7.  Public Holidays

 

Weekly employees shall be entitled to the following Public Holidays without loss of pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Union Picnic Day, Labour Day, Christmas Day, Boxing Day, Aboriginal Day (2nd Friday in July), and any day proclaimed as a holiday for the State and observed generally.

 

The employer and the employees may reach agreement to substitute any other day for the day or days described above.

 

8.  Sick Leave

 

(a)        Where the employee is unable to attend for duty, the employee will endeavour to inform the employer within 2 hours of the commencing time, in order to allow the employer to engage a replacement.

 

(b)        Each employee on weekly hiring who has completed three months continuous service and who is absent from work on account of personal illness or on account of injury by accident shall be entitled to leave of absence with pay subject to the following conditions and limitations:

 

(i)         The employee shall, within twenty-four hours of the commencement of such absence, inform the employer of the employee’s inability to attend for duty and, as far as practicable, state the nature of the illness or injury and the estimated duration of the absence.

 

(ii)        The employee shall, furnish such evidence as the employer reasonably may require that he/she was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

(iii)       subject to sub clause (c) of this clause the employee shall be entitled to sick leave of:

 

8 days in the first year of service;

 

10 days in the second and subsequent years of service.

 

Provided that employees, employed in classifications as set out in Part E of this Award shall receive 10 days sick leave in the first year of service.

 

(iv)       An employee shall not be entitled to paid leave of absence for any period in respect of which Workers' Compensation payments are being received.

 

(c)        Sick leave shall accumulate from year to year so that any balance of the period specified in sub clause (a) of this clause, which had in any one year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and, subject to the conditions herein before prescribed, shall be allowed by that employer in any subsequent year without diminution of the sick leave prescribed in respect of that year:

 

Provided that sick leave which accumulates, pursuant to this sub clause, shall be available to the employee for a period of twelve years but for no longer, from the end of the year in which it accrues and sick leave shall accumulate in accordance with this sub clause only whilst the employee remains in the service of the same employer.

 

(d)        Service with the employer before the date of coming into operation of this clause shall be counted as service for the purpose of qualifying thereunder.

 

9.  Annual Leave

 

See Annual Holidays Act 1944, as amended.

 

10.  Annual Holiday Loading

 

(a)        This clause applies only in relation to annual holidays to which employees become or have become entitled after 31st December 1973.

 

(b)        In this clause the Annual Holidays Act 1944, as amended, is referred to as "the Act".

 

(c)        Before an employee is given and takes annual holiday, or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period that before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this clause.

 

(d)        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.

 

(e)        The loading is the amount payable for the period 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 immediately before commencing annual holiday,

 

(f)         No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he 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 sub clause (f) of this clause applying the award rates of wages payable on that day.

 

(i)         When the employment of an employee is terminated by his 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 shall be paid a loading calculated in accordance with sub clause (f) for the period not taken.

 

(ii)        Except as provided by paragraph (ii) of this sub clause no loading is payable on the termination of an employee's employment.

 

11.  Long Service Leave

 

(a)        See Long Service Leave Act 1966.

 

(b)        The employer shall ensure that those employees eligible, working in the Building & Construction Industry shall receive all benefits under the Building & Construction Industry Long Service Payments Act 1986.

 

12.  Payment of Wages

 

(a)        All wages and overtime shall be paid, in the employer's time, not later than Thursday in each week. Wages shall be paid by either cash, cheque or Electronic Funds Transfer.

 

(b)        Where wages are paid by cheque or bank transfer the following conditions shall apply:

 

(i)         payment by cheque or bank transfer will not involve any of the employees in any banking costs. 

 

(ii)        Time will be granted to the employees to cash their weekly wage cheque during normal banking hours in their normal pay day without loss of pay.

 

(iii)       The employees shall, if necessary, be allowed to leave the employer's premise to cash the said cheque.

 

(iv)       Should any employee request to have the weekly wages paid into the employees bank account, credit union or building society, the employer shall comply with such request.

 

(c)        When an employee's services are terminated by the employer for reasons other than misconduct he/she shall be paid all wages due immediately, or failing immediate payment shall, be paid at the rate of the classification under which he/she was last employed for all time until he/she is paid.

 

Where the employment is terminated by reason of the employee's misconduct the employee shall be paid all wages due within twenty‑four hours of such termination or shall be paid at the rates of the classification under which he/she was last employed for all time until such payment is made.

 

13.  Terms of Engagement

 

(a)        All employees shall be employed by the week and their employment shall be terminated only by a week's notice on either side to be given at any time during the week or by the payment or forfeiture as the case may be, of a week's wages in lieu. On Engagement of a new employee, employment may be terminated at any time without notice in the first month of employment.

 

(b)        Nothing contained in sub clause (a) of this clause, shall prevent an employer from deducting payment for time lost by the employee or terminating at any time without notice, because of the employee's misconduct or neglect of duty.

 

14.  Mixed Functions

 

Should an employee be transferred temporarily from a higher paid to a lower paid class of work such employee shall be paid not less than the rate of wages prescribed for the higher class of work during such temporary employment; provided that an employee transferred temporarily to a higher paid class of work for 2 hours or more on any one day shall be paid the higher rate of wages for the whole of such day.

 

15.  Protective Clothing

 

The employer shall provide, free of charge, all necessary protective clothing, including gum boots, for the use of weekly employees if required by them. Such clothing shall be issued in good condition and shall be retained by the employees during the period of their employment. It shall be renewed by the employer when required.

 

16.  Meal Allowance

 

Unless an employee has been notified on the previous working day of the requirement to work for more than one and half hours after the scheduled finishing time the employer shall either provide a meal at no charge, or shall pay the employee a meal allowance as detailed in Item 2 of Table 2 of Part B of this Award.

 

17.  Travelling Time and Allowances

 

(a)        Where employees are required by the employer to travel from one place of work to another the time occupied in travelling shall be counted as time worked and shall be paid for as such.

 

(b)        Employees compelled by their duties to spend the night away from their homes or the property on which they are employed, whichever is their normal place of sleeping during their employment shall be paid an additional allowance for each such night as detailed in Item 3 of Table 2. In addition the employee shall be paid a meal allowance as detailed in Item 2 or Table 2 of this Award. Provided, however, an employer may elect to either pay the allowances herein prescribed or may provide a suitable meal and accommodation.

 

18.  Wet Work

 

In addition to the wages provided for elsewhere in this award the following special rates and/or allowances shall be paid and/or the special conditions of employment set out hereunder shall be observed:

 

(i)         Definitions - A wet place shall mean a place where the clothing of the employee becomes wet or a place where the employee has to stand in water or slush so that the employees feet become wet.

 

(ii)        Where an employee, on any one day, works in a wet place as herein defined shall be paid each day an amount detailed in 4 Item of Table 2 in this Award unless provided with adequate protective clothing.

 

19.  Tools

 

(a)        Provided, free of charge, by the employer and shall remain the property of the employer.

 

(b)        Employees shall be responsible to ensure that tools not in use are kept in a safe place so as to minimise the risk of the tools becoming lost or stolen.

 

(c)        Employees employed in classifications as set out in Part F. of this Award shall receive the Tool Allowance under the NSW Building Tradesman’s (State) Construction Award as varied from time to time in lieu of (a).

 

20.  First Aid

 

(a)        An employee appointed by the employer to perform first aid shall be paid the rate detailed in Item 5 of Table 2 in this Award.

 

(b)        The Employer shall provide and maintain first‑aid equipment and facilities in accordance with the occupational Health and Safety (First‑Aid) Regulation 1989, and any amendments thereto.

 

21.  Jury Service

 

(a)        Permanent employee shall be allowed leave of absence during any period when required to attend for jury service.

 

(b)        During such leave of absence the employee shall be paid the difference between the jury service fees received and the award rate of pay.

 

(c)        The employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

 

22.  Anti-Discrimination

 

22.1      It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the ground of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

22.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.

 

22.3      Under the Anti-Discrimination Act 1997, 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.

 

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

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act of practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-discrimination Act 1997;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

22.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

22A.  Personal/Carers Leave

 

22A.1  Use of Sick Leave:

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in paragraph (ii) of paragraph (c) of this sub clause, who needs the employees care and support, shall be entitled to use, in accordance with this sub clause, any current or accrued sick leave entitlement provided for in clause 8, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances the employee must not take carers leave under this sub clause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this sub clause is subject to -:

 

(i)         the employee being responsible for the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or:

 

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

 

(c)        a child or an adult child(including an adopted child, a step child, foster child or an ex nuptual child),parent (including a foster parent and legal guardian0, grandparent, grandchild or sibling of the employee or spouse or defacto 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 of 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.

 

(f)         An employee shall, wherever practical, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practical for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

22A.2  Unpaid Leave for Family purposes:

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of the class of person set out in subparagraph (ii) of paragraph (c) of sub clause (1) of this clause who is ill.

 

22A.3  Annual Leave:

 

(a)        an employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding 5 days in single day periods, or part thereof, in any calendar year at a time or times agreed to by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this sub clause, shall be exclusive of any shutdown period provided for elsewhere in this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences until at least 5 consecutive annual leave days are taken.

 

22A.4  Time off in Lieu of Payment for Overtime:

 

(a)        For the purposes only of providing care and support for a person in accordance with sub clause (1) of this clause, and despite the provision of clause 5, overtime, the following provisions shall apply:

 

(b)        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.

 

(c)        Overtime taken as time off during ordinary time shall be taken at the ordinary time rate, that is, an hour for each hour worked.

 

(d)        If, having elected to take time as leave in accordance with paragraph (a) of this sub clause, the leave is not taken for whatever reason, payment for the time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(e)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

22A.5  Make up Time:

 

(a)        An employee may elect, with the consent of the employer, to work "make up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate, which would have been applicable to the hours taken off.

 

22A.6  Rostered Days Off:

 

(a)        An employee may elect, with the consent of the employer, to take a Rostered day off at any time.

 

(b)        An employee may elect with the consent of the employer to take roster days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all roster days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This sub clause is subject to the employer informing each union, which is both party to the award and which has members employed at the particular enterprise, of it’s intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

22B.  Bereavement Leave

 

22B.1   An employee, other than a casual employee, shall be entitled to 2 days bereavement leave without deduction of pay on each occasion of the death of a person as prescribed in sub clause 22B.3 of this clause. Management and an affected employee or employees may agree to allow bereavement leave to members of extended families as is traditional in the community. Such leave shall commence on the day immediately following such death.

 

22B.2   The employee must notify the employer as soon as practical of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

22.B3   Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carers leave as set out in subparagraph (ii) of paragraph (c) of sub clauses (1) of clauses 22A, Personal Carers Leave, provided that, for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

22B.4   An employee shall not be entitled to bereavement leave under this clauses during any period in respect of which the employee has been granted other leave.

 

22B.5   Bereavement leave may be taken in conjunction with other leave available under sub clauses (2), (3), (4) and (5) of the said clauses 22A. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

23.  Employee Facilities

 

(a)        Employers shall provide boiling water for employees at meal times.

 

(b)        Employers shall make suitable provisions to enable employees to keep and eat their meals and cribs free from dust.

 

(c)        Employers shall provide for the use of employees, a sufficient supply of wholesome cool drinking water.

 

(d)        Employers shall, at some reasonably convenient place on their premises, provide suitable hanging facilities which afford reasonable protection for the employee's clothes.

 

(e)        Employers shall provide proper and sufficient washing and sanitary conveniences and in addition, in the case of asparagus cutters, hot and cold shower baths which shall be situated away from closets.

 

24.  Dispute Procedure

 

(a)        Procedure relating to a grievance of an individual employee:

 

(i)         The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(ii)        A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority,

 

(iii)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(iv)       At the conclusion of the discussions, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(v)        While a procedure is being followed, normal work must continue.

 

(vi)       The employee may be represented by an industrial organisation of employees.

 

(b)        Procedure for a dispute between an employer and the employees:

 

(i)         A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(ii)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(iii)       While a procedure is being followed, normal work must continue.

 

(iv)       The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.

 

25.  Union Access

 

(1)

 

(a)        The employer shall inform at the commencement of employment of an employee of the appropriate union the employee is entitled to join.

 

(b)        At the same time the employer shall inform the employee of their rights under Chapter 5 Part 3 Division 5 of the NSW Industrial Relations Act 1996.

 

(c)        The employer shall allow an official of the union to address any new employee or employees' at the commencement of their employment or at some subsequent convenient time, which has mutually been agreed upon between the union official and the employer.

 

(d)        Union officials shall be given reasonable access to interview employees' during working hours.

 

(2)        Union Delegates

 

(a)        An employee appointed as Union Delegate shall, upon notification thereof to the employer, be recognised as the accredited representative of the union to which he/she belongs. An accredited union delegate shall be allowed the necessary time during working hours to interview the employer or his representative on matters affecting employees whom he/she represents.

 

(b)        One (1) hour per month shall be allowed to employees during ordinary working hours to discuss union affairs at a time agreed upon between the parties.

 

(c)        Union Delegates shall be allowed paid time of up to 5 days per year to undertake Trade Union Training.

 

26.  Other Leave

 

(a)        Parental Leave:

 

See Parental Leave of the NSW Industrial Relations Act 1996.

 

(b)        Special Leave - without pay:

 

(i)         An employee may at any time apply to the employer for special leave without pay for up to 6 months and the employer may grant such leave.

 

(ii)        If agreement is reached and such leave is taken absence on special leave shall not break the continuity of service of the employee but is not to be taken into account in calculating the period of service for the purposes of this award.

 

(iii)       An employee may take annual leave or long service leave in conjunction with special leave, with the agreement of the employer.

 

(iv)       An employee may terminate employment or have their employment terminated at any time during the course of special leave subject to clause 13(a) of this award.

 

Provided that the employer may not terminate the employment on the grounds of absence on special leave.

 

(v)        An employee on returning to work after special leave shall be entitled to return to the position the employee held prior to going on special leave.

 

Should the previous position held no longer exist but their are other positions available which the employee is qualified for, the employee is entitled to a position as nearly as compatible in status and pay to that of the employees former position.

 

(vi)       Should the employer replace the person taking special leave the employer shall inform the replacement employee whether they are a new employee or a promoted existing employee of the temporary nature of the position and the rights of the employee on special leave.

 

27.  Award Display

 

A copy of this award shall be exhibited and kept exhibited in accordance with regulation 119 of the Act.

 

28.  Notice Board

 

The employer shall permit the union to display notices dealing with legitimate union business on notice boards provided that such notices are authorised by an accredited union representative. Any such notice not so authorised may be removed by the accredited union representative or the employer.

 

29.  Consultative Mechanism

 

(i)         The Nungera Co-operative Society Ltd shall establish a Consultative mechanism and Procedures appropriate to its diversification in enterprises, structure, geographical break-up and needs for consultation and negotiation on matters affecting efficiency, productivity, labour flexibility, training, public relations and equip employees and enterprises to participate in the wider community.

 

(ii)        The society shall immediately take steps to set up a Joint Consultative Committee (J.C.C.) which shall have as its members, representatives of Management, Unions, Employees' and Aboriginal Torres Strait Islander Commission (ATSIC) and such other bodies or individuals as the JCC agree.

 

(iii)       In the first instance the Society shall cause all JCC members to be adequately trained to allow them to fulfil their responsibilities on the Committee.

 

(iv)       The JCC shall at its first meeting negotiate a Constitution for itself.  The constitution may allow the setting up of sub committees to deal with matters relating to:

 

Training Job evaluation Efficiency, productivity & best practice Occupational Health & Safety Public Relations/Liaison and the like or the JCC may determine how to deal with these matters themselves.

 

30.  Occupational Health and Safety

 

The Occupational Health and Safety Act 1983 shall be complied with and all employees shall be made aware of their obligations and rights under the Act.

 

31.  Savings Clause

 

(a)        No employee shall suffer a reduction of wages or conditions because of the consequences of the making of this Award.

 

(b)        This Award shall not operate so as to cause an employee to suffer a reduction in ordinary time earnings or in national standards such as standard hours of work, annual leave or long service leave.

 

(c)

 

(i)         In respect to employees working on the Aboriginal Housing Development Partnership Demonstration Project recognition shall be given to the Building Tradesman’s (State) Construction Award where this award is silent or where this award is inferior.

 

(ii)        The building industry Superannuation payment as is standard shall apply to employees on this project.

 

32.  Single Bargaining Unit

 

For the purposes of negotiating this Enterprise Award a Single Bargaining Unit has been established comprising of the Labor Council of NSW & respondent Unions.

 

33.  Area, Incidence and Duration

 

This Award shall apply to employees of the Nungera Co-operative Society Ltd and employees of any group training Company who are or may be employed on any project in partnership with Nungera Co-operative Society Ltd.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Nungera Co-Operative Society Limited (State) Consent Award 1995 published 7 June 1996 (293 I.G. 120) and all variations thereof.

 

The award published 7 June 1996 took effect from the first full pay period to commence on or after 20 February 1996.

 

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 11 July 2001.

 

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

 

PART B

 

RURAL CLASSIFICATIONS

 

Table 1 - Wage Rates

 

The minimum rates for classifications shall, subject to the other provisions of this award, be the weekly rate appearing after each classification:

 

Classification	Weekly $	Part-time	Casual	Casual Holiday Pay
Farm Employee Level 6	513.40	13.51
Farm Employee Level 5	507.20	13.35
Farm Employee Level 4	484.00	12.74
Farm Employee Level 3	476.00	12.53
Farm Employee Level 2	455.20	11.98
Farm Employee Level 1	434.30	11.43

 

Table 2 - Other Rates and Allowances

 

 

Table 3 - Juniors

 

Classification Section 3 Junior Employees	% of Appropriate Adult Rates
Under 16 years of age	50
At 16 years of age	60
At 17 years of age	70
At 18 years of age	80
At 19 years of age	90
At 20 years of age	Adult Rate

 

Table 4 - Training Wages

 

Training Wage	Year 10	Year 11	Year 12
School Leaver	142.00 (50%)	177.00 (33%)	222.00
	165.00 (30%)	199.00 (25%)
Plus 1 year out of school	199.00	222.00	249.00
Plus 2 years	222.00	249.00	279.00
Plus 3 years	249.00	279.00	312.00
Plus 4 years	279.00	312.00
Plus 5 Years or more	312.00

 

PART C

 

CLERICAL CLASSIFICATIONS

 

MONETARY RATES

 

Table 1 - Wages

 

Adults - the minimum rates of wages per week shall be as follows:

 

Grading	Rate Per Week
Grade 5	609.50
Grade 4	548.90
Grade 3	507.20
Grade 2	473.50
Grade 1	452.60

 

Table 2

 

Juniors - the minimum rates of wages per week shall be as follows:

 

a.          Stenographer, comptometer operator, ledger posting or similar accounting machine operator, data processing machine operator, tabulating machine operator, computer operator, card punch machine operator, verifier operator.

 

Age	Rate Per Week
At 17 years of age	221.00
At 18 years of age	271.51
At 19 years of age	307.92
At 20 years of age	362.35

 

All other junior employees -

 

Age	Rate Per Week
Under 17 years of age	176.90
At 17 years of age	221.60
At 18 years of age	271.51
At 19 years of age	307.92
At 20 years of age	362.35

 

Table 3 - Other Rates And Allowances

 

SEE PART B.

 

PART D

 

MONETARY RATES

 

Repair & Maintenance Classifications

 

Table 1 - Wages

 

Section 1 - Employees	Rate per week $
Handyman fully qualified	484.00 (FEL4)
Handyman 12 months experience	455.22 (FEL2)
Handyman new starter	434.30 (FEL1)

 

Table 2 - Wages

 

Section 2 - Leading Hands	Rate per week $
In charge of 3 - 10 employees'	21.99/week
In charge of 10 or more employees'	33.11/week

 

PART E

 

Monetary Rates Managerial, Trainers and trainees Classifications

 

Table 1

 

Project Assistant	Rate Per Week $
LEVEL A	440.95
B	462.64
C	484.32

 

Table 2

 

Training & Development Officer Grade 1	Rate Per Week $
Level A	508.00
B	529.68
C	551.36

 

Table 3

 

Training & Development Officer Grade 2	Rate Per Week $
Level A	573.06
B	594.74
C	618.42
D	640.10
E	661.78

 

Table 4

 

Manager Grade 1/Training& Development Co-ordinator	Rate Per Week $
LEVEL A	661.78
B	683.46
C	705.14
D	726.82
E	748.50
F	770.18

 

Table 5

 

Manager Grade 2	Rate Per Week
Level A	791.88
B	813.56
C	835.24
D	856.92
E	879.60

 

PART F

 

Building Trades:

 

Table 1

 

Indentured Apprentices	Rate Per Week $
1st Year	199.50
2nd Year	283.10
3rd Year	368.20
4th Year	428.70

 

Table 2

 

Trainee Apprentices	Rate Per Week $
1st Year	220.90
2nd Year	315.10
3rd Year	402.60
4th Year	450.30

 

Table 3

 

Trainee Apprentices	Rate Per Week $
1st Year	307.20
2nd Year	315.40
3rd Year	372.00
4th Year	431.10

 

Table 4

 

Adult Trainee Apprentices	Rate Per Week $
1st Year	308.50
2nd Year	320.30
3rd Year	406.10
4th Year	452.40

 

Table 5

 

Tradesman	Rates Per Week
Carpenter	570.18
Bricklayer	564.10

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.