TRANSPORT INDUSTRY - WOOD AND COAL (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the
Industrial Relations Act 1996.
(No. IRC 3643
of 1999)
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Before the Honourable
Justice Marks
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10 August 2001
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Transport Industry -
Wood and Coal (State) Award.
2. ARRANGEMENT
Section I Application And Operation Of Award
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1.
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Award Title
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2.
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Arrangement
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3.
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Anti-Discrimination
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4.
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Area Incidence And Duration
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5.
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Definitions
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Section II Wages, Allowances and Hours of Employment
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6.
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Wages
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7.
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Hours of Employment
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8.
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Overtime
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9.
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Shift Work
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10.
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Recall
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11.
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Saturday and Sunday Work
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12.
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Youths
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13.
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Mixed Functions
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14.
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Travelling and Living Away Allowances
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15.
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Meals
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16.
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Garaging and Stabling
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17.
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Carrying from Vehicle
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Section III Employer And Employee Duties, Employment
Relationship
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18.
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Terms of Employment
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19.
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Pay Day
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20.
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Unauthorised Persons Riding on Vehicles
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21.
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Tools and Apparatus
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Section IV Leave Entitlements and Public Holidays
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22.
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Sick Leave
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23.
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Personal Carer's Leave
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24.
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Bereavement Leave
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25.
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Public Holidays
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26.
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Union's Picnic Day
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27.
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Annual Leave
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28.
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Long Service Leave
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29.
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Jury Service
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Section V Occupational Health and Safety
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30
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Amenities
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31.
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Uniforms and Protective Clothing
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32.
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Limitation of Driving Hours
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33.
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Hoods and Windscreens
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34.
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First Aid
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Section VI Industrial Relations and the Union and
Other Provisions
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35.
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Disputes Precedure
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36.
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Union Delegate
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37.
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Notice Board
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38
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Right of Entry
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39.
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Redundancy
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40.
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Superannuation
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41.
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Exemptions
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42.
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Leave Reserved
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3. ANTI-DISCRIMINATION
3.1 It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act, 1996 to
prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, ex, marital status, disability,
homosexuality, transgender identity, age and responsibilities as a carer.
3.2 It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
3.3 Under the Anti - Discrimination Act, 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
3.4 Nothing in
this clause is to be taken to affect:
3.4.1 any conduct or act which is specifically exempted from anti-discrimination
legislation;
3.4.2 offering or providing junior rates of pay to persons under 21
years of age;
3.4.3 any act or practice of a body established to
propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act, 1977; or
3.4.4 a party to this award from pursing matters
of unlawful discrimination in any State or federal jurisdiction.
3.5 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.
Notes:
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Ant- Discrimination Act
1977 provides:
"Nothing in the Act
affects...any of the act or practiced 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."
4. AREA, INCIDENCE AND
DURATION
4.1 This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Transport Industry - Wood
and Coal (State) Award published 19 April 1978 and reprinted 28 March 1984 (232
IG 2055), and all variations thereof, which took effect on and from 6 May 1977.
This award remains if force until varied or rescinded, the period for which it
was made having already expired.
4.2 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 10 August
2001.
4.3 It shall apply to all employees of the
classifications specified herein within the jurisdiction of the Carters,
&c., Wood and Coal (State) Industrial Committee. Provided that this award does not apply in respect of work to
which:
4.3.1 The Heggies Bulkhaul Limited Bulk Haulage Enterprise
Award 1994 (or any award or enterprise agreement succeeding, replacing or
modifying that award) applies.
4.4 Carters,
&c., Wood and Coal (State) Conciliation Committee Industries and Callings
Wood and coal carters, including
drivers of motor and other power-propelled vehicles, grooms, stablemen,
yardmen, brakesmen and extra hands and labourers employed in connection
therewith in the State, excluding the County of Yancowinna; Excepting employees
within the jurisdiction of the Colliery Mechanics (North), Colliery Mechanics
(South) and Colliery Mechanics (West) Industrial Committees; Excepting also
employees of The Council of the City of Sydney.
5. DEFINITIONS
5.1 Articulated vehicle shall mean a
motor-propelled vehicle used for the conveyance of goods or merchandise and the
like and comprising two separate units, viz., a tractor and a semi-trailer.
5.2 Casual employee shall mean an employee
engaged by the day and paid by the day or at the conclusion of the employee's
casual employment.
5.3 Industrial
Committee shall mean the Carters, &c., Wood and Coal (State) Industrial
Committee.
5.4 Double time
shall mean the employee's ordinary rate of pay plus 100 per centum.
5.5 Driver shall mean any person engaged to
drive or control any type of vehicle specified in this award irrespective of
the employee's other duties. This
definition shall not exclude other duties (including delivery of goods)
ordinarily performed by a driver.
5.6 Extra hand shall mean a person who
usually accompanies a driver on a vehicle to assist in loading, unloading,
delivering, collecting and safeguarding goods, merchandise, and the like being
transported or to be transported.
5.7 Manufacturer's gross vehicle mass
(G.V.M.) shall mean the weight of a motor waggon and its load as specified by
the manufacturer. It may be ascertained by reference to the model specification
plate attached to the vehicle or, failing this, by reference to the Roads and
Traffic Authority of New South Wales, the manufacturer of the motor waggon or
the manufacturer's agent.
5.8 Motor waggon shall mean a
motor-propelled vehicle used for the conveyance of goods or merchandise and the
like and so constructed that the portion containing the motive power and the
load carrying portion form one rigid unit.
5.9 Ordinary rate shall mean the employee's
ordinary time rate of pay, which the employee is entitled to receive for work
performed in ordinary working hours.
5.10 Semi-trailer shall mean that portion of an
articulated vehicle on which goods or merchandise or the like are loaded and
which is attached to and is hauled by a tractor and shall include vehicles
known as low loaders, floats, and jinkers.
5.11 Stableperson shall mean an employee
engaged in or about stables or yards whose duties shall include the grooming of
horses and attendance on horses and, if required, the washing and greasing of
motor vehicles or servicing of tyres.
5.12 Time and
one-half shall mean the employee's ordinary rate of pay plus 50 per centum.
5.13 Tractor shall mean that portion of a
vehicle, not being a motor waggon, which provides the motive power.
5.14 Trailer shall mean a vehicle, not having its
own motive power, attached by means of a drawbar to a motor waggon and hauled
behind such motor waggon.
5.15 Union shall mean The Transport Workers'
Union of Australia, New South Wales Branch.
5.16 Yardperson shall mean an employee who is
engaged in sundry duties in and about a coal yard or depot and who, in the
course of the employee's duties, may be called upon to assist a driver as an
extra hand.
5.17 Year shall
mean the period from 1 July to 30 June next following.
SECTION II - WAGES ALLOWANCES AND
HOURS OF EMPLOYMENT
6. WAGES
Except as otherwise herein provided, the provisions of
clause 1, Wages, clause 13, Long Distance Work, and Part B monetary rates of
the Transport Industry (State) Award, published 20 April 2000 (315 I.G. 192),
as varied from time to time, shall apply to employees covered by this award.
7. HOURS OF EMPLOYMENT
7.1 Full-Time
Employees
7.1.1 The ordinary hours of work, exclusive of meal hours, shall not
exceed forty per week.
7.1.2 The ordinary hours of work shall be limited
to eight hours per day, Monday to Friday, inclusive, between 7 a.m. and 6.00
p.m.
7.1.3 Within the limits prescribed herein each
employer shall fix the starting and finishing times of its employees but when
once fixed such time shall be altered only by notice posted, for at least seven
days before any alteration is made, in the yard, depot, or garage.
7.1.4 Employees shall be deemed to have commenced
work on entering the yard depot, or garage in the morning and to have finished
work on leaving the yard, depot, or garage in the evening.
7.2 Casual Employees - The daily hours fixed
for full-time employees shall be observed in respect of casual employees,
provided that:
7.2.1 Irrespective of hours worked, a casual
employee shall be paid for a minimum of eight hours' work for each start.
7.2.2 No employer shall engage casual employees
in excess of one-quarter of the number of full-time employees (i.e., other than
casual employees) employed; provided that each employer may employ one
additional casual irrespective of the number of full-time employees engaged.
7.2.3 Upon request, any employer employing casual
employees under this award shall furnish an accredited representative of the
union with the number of employees engaged on any specified day, showing
separately the number of casuals employed on such day.
7.3 Part-time Employees - Employees may be
employed to work regular days and regular hours less than 38 hours per week,
provided that:
7.3.1 The employee shall only be engaged in a non-driving capacity;
7.3.2 The set weekly hours for such an employee
shall be determined upon engagement and thereafter not changed other than by
agreement;
7.3.3 Notwithstanding 7.3.2, a minimum of 3 days
x 6 consecutive hours shall be worked a week by such employees;
7.3.4 All work over the set hours determined at engagement shall be
paid at overtime penalty rates;
7.3.5 The spread of ordinary hours allowable for
part-time employees shall be as set out in 7.1.2, and their rate of pay shall
be calculated on the basis of an hourly rate equal to the appropriate rate as
set out in clause 6, Wages, and divided by 38.
7.3.6 The ratio of full-time employees to non
full-time employees (including casuals and permanent part-time employees) shall
remain at 4:1;
7.3.7 All other provisions of this award, where
applicable, shall apply to part-time employees in the same ratio as their
ordinary hours of work are to 38 hours per week;
7.3.8 The parties to this award shall establish a
monitoring procedure for the introduction of permanent part-time employees
whereby the Union shall be consulted during the first six months on the
introduction of any part-time employees at any yard or depot. The parties to
the award shall review the operation of this provision at the end of the six
month period.
8. OVERTIME
8.1 Overtime at the rate of time and
one-half for the first two hours and double time thereafter shall be paid to
all employees, including casuals, as follows:
8.1.1 For all time worked between the earliest
and latest times mentioned in clause 7, Hours of Employment, in excess of forty
hours in any week or in excess of the ordinary hours of work in any holiday
week.
8.1.2 For all time worked between such earliest
and latest times in excess of the daily limitations prescribed in clause 7, or
before the usual commencing time or after the usual finishing time.
8.1.3 For all time worked before the said earliest time and for all
time worked after the said latest time.
8.1.4 For the purpose of computation of overtime,
each day shall stand alone; provided that where work continues beyond midnight,
double time shall be paid until the completion of such overtime.
8.2 In the
calculations of overtime, portions of hours shall be taken to the nearest
one-tenth of an hour.
8.3 Casuals - In
the case of casual employees, the overtime rate shall be calculated on the casual
rate of pay.
9. SHIFT WORK
9.1 In lieu of the hours as specified in
clause 7, Hours of Employment, of this award, employees working within a 32
kilometre radius of the Post Office, Wollongong, may be employed on shift work
and if so shall observe the following ordinary hours of work;
9.1.1 Day Shift - 8 hours per day, Monday to Friday inclusive, to be
worked between 7 a.m. and 3 p.m.
9.1.2 Afternoon Shift - 8 hours per day, Monday
to Friday inclusive, to be worked between 3 p.m. and 11 p.m.
9.2 Unless otherwise agreed between the
union and the employer, employees working such shifts shall rotate on a weekly
basis.
9.3 The ordinary hours of work shall not
exceed forty per week and shall include a daily 30 minute paid crib break.
9.4 Shift Penalty - Employees working on the
afternoon shift shall be paid 50 per centum in addition to their ordinary rates
of pay as prescribed in clause 6, Wages.
9.5 Coal Industry Allowance - In addition to
the appropriate shift penalty above presented, employees on day or afternoon
shift shall be paid an additional amount of $10.60 per week, calculated on the
daily rate of $2.12 for each day worked during the five-day week as prescribed
in 9.1.
9.6 All Annual Leave payments (including Pro
Rata Annual Leave Payments) accruing to a shift worker shall be assessed on the
following basis: Half the employee's entitlement at the ordinary day shift rate
and half the employee's entitlement at the afternoon shift rate of pay.
10. RECALL
An employee recalled for work shall be guaranteed and shall
be paid for at least four (4) hours' work for each start at the appropriate
rates of pay. This clause shall also
apply to any employee called upon to work before the employee's normal starting
time, and whose overtime work does not continue up to such starting time.
11. SATURDAY AND SUNDAY WORK
11.1 An employee required to work on a Saturday
shall be paid at the rate of time and one-half for the first two (2) hours and
double time thereafter for all time worked with a minimum payment of four (4)
hours at the appropriate rate of pay, whether the employee works for that
period of time or not.
11.2 An employee (other than an employee
working an ordinary shift) who is required to commence work on a Saturday at
noon or thereafter, shall be paid at double time.
11.3 An employee required to work on a Sunday
shall be paid at the rate of double time for time worked, with a minimum of
four (4) hours at the appropriate rate of pay, whether the employee works for
that period of time or not.
12. YOUTHS
12.1 For the
purpose of this award a youth shall mean a person under the age of 21 years.
12.2 Subject to the conditions set out in this
clause youths may be employed as drivers of motor waggons having a
manufacturer's gross vehicle mass up to 2 948 kilograms or as extra hands.
12.3 No youth
under the age of 19 years shall be required to lift or carry any weight
exceeding 41 kilograms.
12.4 Youths shall
not be employed as casual hands unless they receive the adult casual rate.
12.5 Youths may be employed in the following
proportions to the number of adult drivers, not including casual hands,
employed by an employer:
12.5.1 When 5 adult drivers employed - 1 youth may be employed.
12.5.2 When 10 adult drivers employed - 2 youths may be employed.
12.5.3 When 15 adult drivers employed - 3 youths may be employed.
12.5.4 No employer may employ more than 3 youths.
12.6 When the number of adult weekly drivers is
reduced the foregoing proportions of youth labour shall be maintained.
12.7 Any youth employed under conditions not in
accordance with those set out in this clause shall receive the same rate of pay
prescribed by this award for an adult worker performing the same class of work.
12.8 Youths employed under the conditions
prescribed in this clause shall be paid, in accordance with their age, a weekly
wage calculated as a percentage of the wage specified in this award for the
driver of a motor waggon having a manufacturer's gross vehicle mass up to 2 948
kilograms as specified below. Such
weekly wage shall be calculated to the nearest ten cents. Any fraction of ten cents in the result not
exceeding five cents to be disregarded.
Motor
Waggon Drivers and Extra Hands -
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At 18 years of age or under
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75% plus 50 cents
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At 19 years of age or under
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85% plus 50 cents
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At 20 years of age or under
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90% plus 50 cents
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13. MIXED FUNCTIONS
13.1 An employee required by the employee's
employer to work for less than two hours a day on work carrying a higher rate
of pay shall be paid at the higher rate as for the actual time so worked and
when required to work for more than two hours a day on such work the employee
shall be paid as for a whole day's work.
13.2 This clause shall not apply to actual
periods of one hour or less nor to interchange of work arranged between
employees to meet their personal convenience.
14. TRAVELLING AND
LIVING-AWAY ALLOWANCES
14.1 An employee who, on any day, is required
by the employee's employer to start work at a place other than the yard, depot,
garage or other agreed starting place, shall be in attendance at such place at
the time stipulated by the employer ready to commence work, but for all time
reasonably spent in reaching such place in excess of the time normally spent in
travelling from the employee's home to the yard, depot, garage, or other agreed
starting place, the employee shall be paid at ordinary rates (except on Sundays
and holidays when the rate shall be time and one-half) and the employee shall
also be paid any fares reasonably incurred in excess of those normally incurred
in travelling between the employee's home and the yard, depot, garage, or other
agreed starting place.
14.2 An employee who, on any day, is required
by the employee's employer to finish work at a place other than the yard,
depot, garage, or other agreed starting place, shall, for all time reasonably
spent in reaching the employee's home from such place in excess of the time
normally spent in travelling from the yard, depot, garage, or other agreed
starting place to the employee's home, be paid at ordinary rates (except on
Sundays and holidays when the rate shall be time and one-half) and the employee
shall also be paid any fares reasonably incurred in excess of those normally
incurred in travelling between the yard, depot, garage, or other agreed
starting place and the employee's home.
14.3 All time spent in travelling by an
employee in ordinary working hours in connection with the employee's work shall
be paid for at ordinary rates (except on Sundays and holidays when the rate
shall be time and one-half).
14.4 All time spent in travelling by an
employee outside ordinary working hours in connection with the employee's work
shall be paid for at ordinary rates (except on Sundays and holidays when the
rate shall be time and one-half). Travelling referred to in this subclause
shall mean travelling either by train, boat or other conveyance and shall not
include travelling by an employee between the employee's home and the
employer's yard, depot, garage, or other agreed starting place.
14.5 Employees engaged on work or in travelling
in connection with work which precludes them from reaching their home at night
shall be paid all reasonable and actual expenses incurred in obtaining
accommodation for the night, including an evening meal, bed and breakfast,
provided that -
14.5.1 the employee shall submit to the employee's
employer an itemised list, with supporting accounts, showing the detail of the
expenses incurred;
14.5.2 before an employee proceeds on the work the
subject of this subclause, the employee shall be given in advance an amount of
money calculated, so far as that is reasonably practical, to cover the expenses
to be incurred. Upon the employee's return from such work and the submission of
the itemised list referred to in 14.5.1, any balance due to the employer or the
employee shall be paid to or by the employee as the case might be;
14.5.3 Should an employee not submit the itemised
list as required by 14.5.1, the employee shall be paid an amount of $24.90 per
day expenses.
14.6 An employee, other than an employee
referred to in 14.7 and 14.8, who is required by the employee's employer to
spend a Saturday, Sunday or a public holiday away from the employee's home but
who is not required to work on such days, shall be paid in addition to the
amount due to the employee in accordance with the provisions of this clause,
the sum of $23.10 for each such day the employee is required to spend away from
the employee's home. The said $23.10 being to compensate the employee for any
additional expense and for any inconvenience and/or disability the employee
might incur by being required to spend such days away from the employee's home.
14.7 An employee who is temporarily transferred
to a location which requires the employee to live away from the employee's home
for a period exceeding one week shall be paid all reasonable and actual
expenses incurred in obtaining board and lodging.
14.8 When an employee is required to camp out
at an established camp connected with the job in relation to which the employee
is engaged, the employer shall provide, free of charge, sufficient tent, with
fly and equipment, to properly house the employee and the employee shall be
paid, in lieu of the payments referred to in this clause, the sum of $53.70 per
week in addition to all other payments due to the employee. If the employee is
required to camp out for less than 7 days in any week the employee shall be
paid $7.80 for each day the employee is required to camp out.
14.9 An employee shall not be entitled to an
allowance under this clause for any working day on which the employee is absent
from duty except in cases of sickness or for any reason beyond the employee's
own control.
14.10 The maximum travelling time to be paid for
shall be twelve hours out of every twenty-four hours, or when sleeping berth is
provided by the employer for all-night travel eight hours out of every
twenty-four. A sleeping berth shall not include a vehicle's sleeper cab.
15. MEALS
15.1 On the days Monday to Friday, inclusive,
there shall be one unpaid break of not less than 30 minutes nor more than one
hour for lunch between the hours of 11 a.m. and 2 p.m.:
Provided that, in the case of an
employer working in or in connection with the maritime industry and being
engaged in the transportation of cargo to or from wharves, the break for lunch
may be given and taken between the hours of 11.45 a.m. and 1.45 p.m.:
Provided further that an employee
shall not be required to take the employee's lunch break before a period of
four hours, calculated from the employee's normal starting time, has elapsed.
15.2 Within the limitations prescribed in this
subclause, the employer shall nominate the length of the lunch break to be
taken by its various employees and this shall be recognised as their regular
lunch break. Once fixed the length of
the lunch break may only be altered by three (3) days' notice being given to
the employee concerned.
15.3 An employee whose regular lunch break
exceeds 30 minutes may be required by the employee's employer on any day, to
take a lunch break of a lesser period, not being less than 30 minutes, and in
this case the employee shall be paid at the rate of time and one-half for the
time worked during the employee's regular lunch break.
15.4 An employee who is required to work
overtime on any week day for a period of two hours or more after the employee's
normal finishing time, shall be allowed a paid crib break of 20 minutes not
later than 5 hours after the end of the employee's lunch break, and the
employee shall, unless the employee was notified the previous day or earlier
that the employee would be required to work such overtime, be paid a meal
allowance of $6.60. Where notification
to work overtime has been given on the preceding day or earlier and such
overtime is then cancelled on the day such overtime was to be worked, an
employee shall be paid the meal allowance of $6.60.
15.5 An employee required to work for a period
of eight (8) hours between the finished work for the day or who is called upon
to work before the employee's normal starting time and where such work does not
continue up to the employee's normal starting time shall be allowed a paid crib
break of 20 minutes for each 5 hours work calculated from the time of
commencement of work or from the end of the previous crib break, whichever
applies.
15.6 An employee who, on any weekday, is
required to start work prior to 6.30 a.m. and to continue such work up to and
after the employee's normal starting time shall be allowed a paid crib break of
15 minutes between the hours of 8 a.m. and 9 a.m.
15.7 An employee required to work on a
Saturday, Sunday or public holiday shall be allowed a paid crib break of twenty
(20) minutes for each five (5) hours worked; the said five (5) hours to be
calculated from the time of commencement of work or from the end of the
previous crib break, whichever applies.
15.8 An employee required to work for a period
of eight (8) hours between the hours of 7 a.m. and 5.30 p.m. on a Saturday,
Sunday or public holiday may be allowed the usual weekly lunch break and, in
that case, the provisions of paragraph (a), of this subclause, shall not apply.
15.9 Employees working, whether permanently or
from time to time in or in connection with an industry or establishment where
it is the custom to allow conditions relating to meal breaks, crib breaks or
meal allowances different from those prescribed in this clause may, at the
discretion of the employer, be allowed such different conditions.
15.10 Except so far as is altered expressly by this
clause, existing custom and practice concerning crib breaks and meal hours
shall continue during the currency of this award.
16. GARAGING AND STABLING
Where an employee, at the request of the employee's employer,
garages the employer's motor vehicle or stables the employee's horse under
cover provided by the employee, such employee shall be paid the sum of $13.50
per week for each horse stabled or each vehicle so garaged in addition to any
other payments due to the employee.
17. CARRYING FROM VEHICLE
Where an employee is called upon to carry from the vehicle
wood, coal, or coke any distance exceeding 32 metres and not exceeding 46
metres the employee shall be paid at the rate of $0.93 per tonne and for any
distance exceeding 46 metres at the rate of $1.36 per tonne in addition to the
employee's ordinary rate. For the
purpose of this clause a step up or down stairs shall be deemed to be
equivalent to 1 metre.
SECTION III - EMPLOYER AND EMPLOYEE DUTIES,
EMPLOYMENT RELATIONSHIP
18. TERMS OF EMPLOYMENT
18.1 An employer may direct an employee to
carry out such duties as are within the limits of the employee's skill,
competence and training consistent with the classification structure of this
award, provided that such duties are not designed to promote de-skilling.
18.2 An employer may direct an employee to
carry out such duties and use such tools and equipment as may be required,
provided that the employee has been trained in the use of such tools and equipment.
18.3 Any direction issued by an employer
pursuant to 18.1 and 18.2 shall be consistent with the employer's
responsibilities to provide a safe and healthy working environment.
18.4 The employment of a full-time or part-time
employee may be terminated only by one week's notice on either side which may
be given at any time or by payment by the employer or forfeiture by the
employee of a week's pay in lieu of notice. This shall not affect the right of
the employer to dismiss an employee without notice in the case of an employee
guilty of misconduct.
18.5 An employee with more than two months'
service on leaving or being discharged shall, upon request, be given a
reference or certificate of service in writing. Such reference or certificate
of service shall at least contain information as to the length and nature of
the employment of the employee.
19. PAY DAY
19.1 All money due shall be paid weekly in cash
on Thursday or Friday as determined by the employer, but the day being fixed
shall not be altered more often than once in three months and at least one
month's notice of such alteration shall be given. Provided that wages may be paid by cheque or by electronic funds
transfer with the agreement of a majority of employees at each yard.
19.2 No employer shall
hold more than one day's wages in hand.
19.3 Wages shall be paid without unnecessary
delay after the employee ceases work on the day set apart as pay day. An employee kept waiting for the employee's
wages on pay day for more than a quarter of an hour after ceasing work shall be
paid at overtime rates after that quarter of an hour with a minimum payment of
a quarter of an hour.
19.4 Casual
employees shall be paid at the end of each day or at the termination of their
casual employment.
19.5 Where an employer has more than one yard,
depot or garage, arrangements as to the place of payment of wages shall be
agreed upon mutually between the employer and the employees. Failing agreement the matter may be referred
to the Carters, &c., Wood and Coal (State) Conciliation Committee for
decision.
19.6 A full-time who desires to terminate
employment on a day other than pay day shall given notice to the employer on
commencing work in the morning in which case the employee shall be paid all
wages due to the employee when the employee has finished the day's work
otherwise wages may be paid on the following day.
19.7 Each employee shall be supplied with a pay
envelope or statement in writing on which shall be endorsed those things
required by clause 6 of the Industrial
Relations (General) Regulation 1996, including the following:
(a) The name and classification of the employee;
(b) The date on which the payment was made;
(c) The period of employment to which the payment relates;
(d) The gross amount of wages, inclusive of overtime and other
earnings;
(e) The amount paid as overtime or such
information as will enable the employee to calculate the amount paid as
overtime;
(f) The amount deducted for taxation purposes;
(g) The amount deducted as employee contributions for
superannuation;
(h) Particulars of all other deductions or the total amount of
such deductions; and
(i) The net amount paid.
20. UNAUTHORISED PERSONS
RIDING ON VEHICLES
An employee shall not permit any unauthorised person to
accompany the employee on his vehicle nor permit any such person to assist the
employee in the delivery of goods, wares, merchandise, or material unless such
person has been engaged as an employee or is the owner of such goods, wares,
merchandise, or material or is the agent or representative of such owner.
21. TOOLS AND APPARATUS
The employer shall provide and shall maintain all necessary
tools, ropes and packing.
SECTION IV - LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS
22. SICK LEAVE
22.1 "Year" shall mean a period of
twelve months measured for each employee from the date of commencement of the
employee’s current period of employment.
22.2 An employee, other than a casual employee,
with not less than three months' continuous service as such in the industry
covered by this award, who is absent from work by reason of personal illness or
injury, not being illness or injury arising from the employee’s misconduct or
from an injury arising out of or in the course of employment, shall be entitled
to leave of absence, without deduction of pay, subject to the following
conditions and limitations:
22.2.1 He/she shall, unless it is not reasonably
practicable so to do (proof whereof shall be on the employee), before his or
her ordinary starting time on the first day of the absence, and in any event
within twenty-four hours, inform the employer of his or her inability to attend
for duty and, as far as practicable, state the nature of the illness or injury
and estimated duration of the absence.
22.2.2 He/she shall furnish to the employer such
evidence as the employer may reasonably desire 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.
22.2.3 Except as hereinafter provided, he/she shall
not be entitled in any year (as defined), whether in the employ of one employer
or several in the aforesaid industry in such year, to leave in excess of forty
hours of ordinary working time.
Provided that:
(i) If his or her employment continues
with the one employer after the first year, his or her leave entitlement shall
increase to a maximum entitlement of 64 hours of ordinary working time, at
which figure it shall remain for any subsequent years of continued employment.
(ii) If the employment of an employee who has
become entitled to leave in accordance with subparagraph (i) of this paragraph
is terminated for any reason, he/she shall not be entitled, in the employ of
any employer in the industry in that year, to leave in excess of forty hours'
ordinary working time.
22.3 For the purpose of administering 22.2.3 of
this clause, an employer within two weeks of the employee entering his or her
employment, may require an employee to make a statutory declaration or other
written statement as to what paid leave of absence he/she has had from any
employer during the then current year and upon such statement the employer
shall be entitled to rely and act.
22.4 The rights under this clause shall
accumulate from year to year, so long as his or her employment continues with
the one employer, so that any part of the leave entitlement which has not been
allowed in any year may be claimed by the employee and shall be allowed by that
employer, subject to the conditions prescribed by this clause, in a subsequent
year of continued employment.
22.5 If an award holiday occurs during an
employee's absence on sick leave, then such award holiday shall not be counted
as sick leave.
22.6 Service before the date of coming into
force of this clause shall be counted as service for the purpose of assessing
the sick leave entitlement in any year under 22.2.3, but shall not be taken
into consideration in arriving at the period of accumulated leave.
22.7 Accumulated sick leave to the credit of an
employee at the commencement of the award shall not be affected or reduced by
the operation of this clause.
23. PERSONAL/CARER'S LEAVE
23.1 Use of Sick
Leave
23.1.1 An employee, other than a casual employee, with
responsibilities in relation to a class of person set out in 23.1.3.2, who
needs the employee's care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, provided
for in clause 22, 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.
23.1.2 The employee shall, if required, establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person. In normal
circumstances, an employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
23.1.3 The entitlement to use sick leave in accordance with this
subclause is subject to:
23.1.3.1 the employee being responsible for the care of the person
concerned; and
23.1.3.2 the person concerned being:
(i) a spouse of the employee; or
(ii) 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
(iii) 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
(iv) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(v) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
23.1.4 An employee shall, wherever practicable, give
the employer notice prior to the absence of the intention to take leave, the
name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
23.2 Unpaid Leave
for Family Purpose
23.2.1 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 23.1.3.2 who is ill.
23.3 Annual Leave
23.3.1 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.
23.3.2 Access to annual leave, as prescribed in
paragraph 23.3.1 of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
23.3.3 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.
23.4 Time Off in
Lieu of Payment for Overtime
23.4.1 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.
23.4.2 Overtime taken as time off during ordinary
time hours shall be taken at the ordinary time rate, that is an hour for each
hour worked.
23.4.3 If, having elected to take time as leave in
accordance with paragraph (a) of this subclause, the leave is not taken for
whatever reason payment for time accrued at overtime rates shall be made at the
expiry of the 12 month period or on termination.
23.4.4 Where no election is made in accordance with
the said paragraph (a), the employee shall be paid overtime rates in accordance
with the award.
23.5 Make-up Time
23.5.1 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.
23.5.2 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.
23.6 Rostered Days
Off
23.6.1 An employee may elect, with the consent of the employer, to take a
rostered day off at any time.
23.6.2 An employee may elect with the consent of the
employer, to take rostered days off in part day amounts.
23.6.3 An employee may elect, with the consent of the
employer, to accrue some or all rostered days off for the purpose of creating a
bank to be drawn upon at a time mutually agreed between the employer and
employee, or subject too reasonable notice by the employee or the employer.
23.6.4 This subclause is subject to the employer
informing each union which is both party to the award and which has members
employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
24. BEREAVEMENT LEAVE
24.1 An employee other than a casual employee
shall be entitled to up to two days bereavement leave without deduction of pay
on each occasion of the death of a person prescribed in subparagraph 23.1.3 of
this award. An employee, other than a
casual employee, shall be entitled to up to two days bereavement leave without
deduction of pay on each occasion of the death outside of Australia of a person
prescribed by the said subclause 23.1.3, where such person travels outside
Australia to attend the funeral. Where an employee would otherwise become
entitled to bereavement leave, but such day or days occur on a day or days
rostered for the employee to take off pursuant to clause 16, Hours of Work, the
employee shall not be entitled to bereavement leave nor will the employee’s
bereavement leave be reduced as a result of them taking leave on that day or
days.
24.2 The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will provide
to the satisfaction of the employer proof of death.
24.3 Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in paragraph 23.1.3 of clause 23, Personal
Carer's Leave, provided that for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
24.4 An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
24.5 Bereavement leave may be taken in
conjunction with other leave available under subclause 23.2, 23.3, 23.4 and
23.5 of clause 23. In determining such
a request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
25. PUBLIC HOLIDAYS
25.1 The days on which New Year's Day,
Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight
Hour Day, Christmas Day and Boxing Day are observed in the areas concerned
together with such other days which may be proclaimed by the Government and
which are observed as public holidays for the area covered by this award shall
be recognised as public holidays. Employees, other than casual employees, shall
be entitled to these specified public holidays without loss of pay.
25.2 An employee,
other than a casual employee, required to work on:
25.2.1 Christmas Day or Good Friday shall be paid at
the rate of double time for the actual time worked in addition to the day's pay
to which the employee is entitled for those days in accordance with 25.1.
25.2.2 Any of the other days prescribed in 25.1 shall
be paid at the rate of time and one-half for the actual time worked in addition
to the day's pay to which the employee is entitled for those days in accordance
with 25.1.
25.3 Should any of the prescribed public
holidays fall on a Saturday or Sunday and another day in lieu thereof is not
proclaimed by the Government for the observance of such public holiday, an
employee, other than a casual employee, required to work on such public holiday
shall be paid for all work performed on -
25.3.1 Christmas Day, double time for the actual time
worked and in addition, ordinary time for the actual time worked up to a
maximum of eight (8) hours' pay at ordinary time;
25.3.2 Any of the other days prescribed in 25.1,
time and one-half for the actual time worked, and in addition, ordinary time
for the actual time worked up to a maximum of eight (8) hours' pay at ordinary
time.
25.4 A casual employee required to work on any
of the public holidays prescribed in 25.1, shall be paid double time for all
time worked, with a minimum payment for eight (8) hours' work.
25.5 An employee required to work on any of the
public holidays prescribed 25.1, shall be guaranteed four (4) hours' work or
shall be paid for four (4) hours at the appropriate rate.
25.6 Employees engaged in association with an
industry or establishment shall receive the same conditions with respect to
holiday work as the employees of the industry or establishment in association
with which they are working.
25.7 An employee, other than a casual employee,
whose services are dispensed with within seven (7) days of the commencement of
any week in which one or more public holidays occur and who is re-engaged by
the same employer within seven (7) days of the said week, shall be paid an
ordinary day's pay for each public holiday so occurring at the rate prescribed
for the class of work performed by the employee prior to the employee's
services being dispensed with.
25.8 An employee, other than a casual employee,
who, without permission of the employee's employer or without reasonable cause,
is absent from duty on the working day immediately preceding or the working day
immediately succeeding any public holiday or series of public holidays, shall
not be entitled to payment for such public holiday, or series of public
holidays, provided that if an employee is absent as aforesaid on one only of
the working days preceding or succeeding a series of public holidays the
employee shall lose the holiday pay only for the holiday closest to the day of
the employee's absence.
26. UNION'S PICNIC DAY
26.1 Easter
Saturday shall be recognised as the union's picnic day.
26.2 In addition to all other payments due, a
financial member of the union, other than a casual employee, shall, upon proof
thereof, be paid an additional day's pay in the pay period in which Easter
Saturday falls.
26.3 A financial member of the union who is
required to work on Easter Saturday shall be paid at the rate of time and a
half for the actual time worked and, in addition, ordinary time for the actual
time worked up to a maximum of eight (8) hours' pay at ordinary time.
26.4 Notwithstanding the provisions 26.1, 26.2
and 26.3, where an employer observes a paid picnic day for the whole of its
employees, such a day shall be regarded as a holiday in lieu of the picnic day
prescribed herein and accordingly such employer shall be exempted from paying
the prescribed extra day's pay in the pay period in which Easter Saturday falls
and from the other provisions of this clause with respect to payment for work
performed on that day.
26.5 For the purpose of this clause,
"financial member of the union" shall mean an employee who is, at the
time of the picnic day, a financial member, or who was a financial member of
the union as at 31 December of the preceding year.
27. ANNUAL LEAVE
27.1 See Annual Holidays Act 1944.
27.2 An employee at the time of the employee's
entering upon a period of annual leave, in accordance with the said Annual
Holidays Act shall be entitled to an additional payment in respect of the
period of employment to which the said leave is referable, calculated on the
basis of three and one-third (3.33) hours ordinary pay for each month.
27.3 Leave is
reserved to the parties to apply in respect of this clause.
28. LONG SERVICE LEAVE
See Long Service Leave
Act 1955.
29. JURY SERVICE
29.1 An employee required to attend for jury
service during the employee's ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of the employee's attendance for such jury service and the amount of wages the
employee would have received in respect of the ordinary time the employee would
have worked had the employee not been on jury service.
29.2 An employee shall notify the employee's
employer as soon as possible of the date upon which the employee is required to
attend for jury service. Further, the
employee shall give the employee's employer proof of the employee's attendance,
the duration of such attendance and the amount received in respect of such jury
service.
SECTION V - TRAINING AND OCCUPATIONAL HEALTH
AND SAFETY
30. AMENITIES
The following facilities shall be available at all yards,
depots or garages where employees are engaged under the provisions of this
award:
30.1 Proper
dressing rooms with adequate washing facilities, including showers with both
hot and cold water.
30.2 Proper
lock-up clothing lockers.
30.3 Where employees are required to partake of
meals at the employer's yard, depot or garage; a dining room with adequate
seating and table accommodation for the partaking of meals, also facilities for
boiling water and heating food.
30.4 Proper
lavatory facilities.
31. UNIFORMS AND PROTECTIVE
CLOTHING
31.1 Where an employee is required by the
employee's employer to wear a distinctive dress the same shall be provided,
free of cost, by the employer.
31.2 When requested by the employee, an
employer shall provide rubber gloves, gumboots and a waterproof coat or apron,
free of cost, for the use at work of an employee required to wash vehicles.
31.3 Wet weather clothing consisting of
waterproof hat, coat and trousers shall be provided for employees required to work
in the rain.
31.4 The clothing provided in accordance with
this clause shall be renewed when reasonably necessary. It shall only be worn
when the employee is engaged on work for the employee's employer and shall
remain the property of the employer and shall be returned to the employee on
demand in a condition commensurate with normal wear and tear. An employee may
be required by the employee's employer to sign a receipt for such clothing upon
it being issued to the employee.
32. LIMITATION OF DRIVING HOURS
See the Motor Traffic
Act and Regulations.
33. HOODS AND WINDSCREENS
The employer shall provide all motor waggons with hood,
windscreen, cushioned seat and back rest.
The driver's cabin of each vehicle shall be ventilated adequately and
shall be supplied with cabin doors and windows; where this is not practicable
side curtains may be fitted as an alternative.
No driver shall be required to drive a vehicle with a cracked or broken
windscreen, windows, rear-vision mirror or lights which contravene the N.S.W. Motor Traffic Act and Regulations.
34. FIRST-AID
34.1 An employee appointed by the employer to
perform first-aid duty shall be paid $1.28 per day, in addition to the
employee's ordinary rate during such appointment.
34.2 First-aid Outfit - A first-aid outfit
shall be provided by the employer at each establishment, yard, depot and garage
where there are employees covered by this award. Such outfit is to comprise a First-aid Ambulance Chest which
shall:
34.2.1 be of wood or metal, be dustproof and be
distinctly marked with a white cross upon a green ground;
34.2.2 be so equipped and maintained as to contain
at least the articles and appliances specified by the First-aid Regulations
under the Factories, Shops and Industries
Act, 1962;
(NOTE: The employer shall display
a copy of the appropriate Schedule, above referred to, on or adjacent to the
First-aid Ambulance Chest.)
34.2.3 contain nothing except requisite articles and appliances for
first-aid;
34.2.4 be readily accessible to the persons employed in the
establishment, yard, depot and garage; and
34.2.5 be placed under the charge of a responsible
person or persons who or one of whom shall always be readily available during
working hours. A clearly legible notice
stating the name or names of the person or persons in charge of the ambulance
chest shall be affixed in a conspicuous position on or adjacent to the chest.
SECTION VI - INDUSTRIAL RELATIONS AND THE UNION
AND OTHER PROVISIONS
35. DISPUTES PROCEDURE
35.1 Subject to
the Industrial Relations Act 1996,
any dispute shall be dealt with in the following manner:
35.1.1 The representative of the Union on the job
and the appropriate supervisor shall attempt to resolve the matters in issue in
the first place.
35.1.2 In the event of failure to resolve the
dispute at job level the matter shall be the subject of discussions between an
organiser of the Union and the workplace manager.
35.1.3 Should the dispute still remain unresolved the
Secretary of the Union or a representative will confer with senior management.
35.1.4 In the event of no agreement being reached at
this stage, the dispute will be referred to the Industrial Relations Commission
of New South Wales for resolution.
35.2 All work
shall continue normally while these negotiations are taking place.
36. UNION DELEGATE
36.1 An employee appointed as Union Delegate in
the yard, depot or garage shall, upon notification thereof to the employer by
the branch or sub-branch secretary of the union, be recognised as the
accredited representative of the union.
36.2 Any matter arising in the yard, depot or
garage affecting members of the union may be investigated by the delegate and
discussed with the employer or its representative. The delegate shall, upon
request, be allowed a reasonable opportunity to carry out such duties at a time
reasonably convenient to the delegate and the employer.
36.3 If a matter in dispute is not settled the
delegate shall, on request, be allowed access to a telephone for a reasonable
opportunity of notifying the union branch or sub-branch concerned.
37. NOTICE BOARD
The employer shall supply a notice board of reasonable
dimensions to be erected or to be placed in a prominent position in its yard,
depot, or garage upon which accredited representatives of the union shall be
permitted to post formal union notices signed by the representative or
representatives.
38. RIGHT OF ENTRY
See Part 7 of Chapter 5, of the Industrial Relations Act 1996.
NOTE: This provides
that a duly accredited representative of the union shall have the right to
enter any work place or premises for the purpose of interviewing employees and
investigating suspected breaches of awards or agreements or the Industrial Relations Act 1996 and in
such investigations inspect time and pay sheets - so long as the representative
does not unduly interfere with the work being performed by an employee during
work time.
39. REDUNDANCY
See the Transport Industry - Redundancy (State) Award
published 8 September 2000 (318 I.G. 458), as varied.
40. SUPERANNUATION
See the Transport Industry - (State) Superannuation Award
(No. 2) made 10 August 2001.
41. LEAVE RESERVED
41.1 Leave to be
reserved to the parties to apply as they may be advised in respect of:
41.1.1 any matter contained in the union's claim (No. 818 of 1975);
41.1.2 trade union training;
41.1.3 clause 8, Shift Work.
41.2 Leave is
reserved to the union to apply as it may be advised with respect to limitation
of overtime.
42. EXEMPTIONS
Clutha Development Pty Ltd, of 44 Argyle Street, Camden, is
exempted from the provisions of this award in respect of its employees engaged
in the haulage of coal - provided that, in respect of such employees, it
observes the terms and conditions contained in Industrial Agreement No. 5421
(or any subsequent agreement made in substitution therefor by the same
parties).
F. MARKS, J
____________________
Printed by the authority of the Industrial Registrar.