VALVOLINE (AUSTRALIA) PTY LTD 1997-1999 CONSENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1363 of 2001)
Before Commissioner
O'Neill
|
27 July 2001
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Parties
to Award
2. Anti-Discrimination
3. Wages
4. Allowances
5. Labour
Flexibility
6. Hours of
Work
7. Overtime
8. Mixed
Functions
9. Public
Holidays
10. Meal
Allowance and Meal Time
11. Contract
of Employment
12. Payment of
Wages
13. Tea Breaks
14. Fares
15. Travelling
Allowance
16. Sick Leave
16A. State
Personal/Carer's Leave Case - August 1996
17. Annual
Leave
18. Long
Service Leave
19. Bereavement
Leave
20. Redundancy
21. Union
Representative
22. Consultative
Committee
23. Disputes
Procedure
24. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Parties to Award
The parties to this award are Valvoline (Australia) Pty Ltd
(the company) and The Australian Workers' Union, New South Wales.
2.
Anti-Discrimination
(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, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(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) 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.
(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 or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(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 Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
(6) These orders
shall operate until further order of the Commission.
3. Wages
Wages shall be as set out in Table 1 - Wages, of Part B,
Monetary Rates.
4. Allowances
(a) Leading Hands:
An employee so appointed by the company to perform the duties of a leading hand
shall be paid, in addition to the base rate of pay, an amount as set out in
Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(b) Fork Lift: An
employee appointed by the company as a fork lift driver shall be paid, in
addition to the base rate of pay, an allowance as set out in Item 2 of the said
Table 2 per week.
(c) Boiler
Certificate: An employee who holds a Boiler certificate and is appointed by the
company shall be paid an allowance as set out in Item 3 of Table 2 per week
above the base rate of pay.
(d) First-aid: An
employee appointed by the company as a first-aider shall be paid an allowance
as set out in Item 4 of Table 2 per week above the base rate of pay.
(e) Service
Allowance shall be as set out in Item 5 of Table 2.
This service allowance is to be paid for all purposes
of the award. Payments will not be made to an employee for any week:
In which, in the case of termination of employment, the
full week is not worked, with the exception of retirement, in which case the
full week's allowance will be paid; or
for which the employee is not entitled under this award
for payment of wages; or
in which the employee has had any absence of one day or
more from duty without authorised leave.
(f) Attendance
Bonus - In addition to the rates of pay prescribed in this award, an attendance
bonus as set out in Item 6 of Table 2 per week shall be paid to all employees
covered by this award, provided that the employee has worked the prescribed
number of ordinary hours. Any absence unless authorised elsewhere in this award
shall negate this bonus.
5. Labour Flexibility
(a) For the
purpose of increasing productivity and flexibility, as well as enhancing career
opportunities for employees, it is agreed that employees may perform a wider
range of duties, including work, which is incidental or peripheral to their
main task or function.
(b) As part of the
structural efficiency process and on an ongoing basis, the parties agree that
discussions should continue at the enterprise level to provide for more
flexible working arrangements, improvements in the quality of working life,
enhancement of skills and job satisfaction.
6. Hours of Work
(a) The ordinary
hours of work shall be seven hours and 36 minutes per day, worked between the
hours of 6:00 am and 6:00 pm, Monday to Friday. Employees shall be entitled to
13 rostered days off per annum. At least one rostered day off per month shall
be granted, with two rostered days off taken in December each year. Each
rostered day off will be taken on the last working day of each month. At least
nine rostered days shall be on a Monday or a Friday. A schedule detailing the
nominated rostered days off shall be displayed 12 months in advance.
No employee shall work for longer than five hours
without a meal break.
(b) Shift Work:
Afternoon shift means any shift finishing after 6:00 pm
and at or before midnight.
Night shift means any shift finishing after midnight
and at or before 6:00 am.
Early morning shift means any shift commencing after
4:00 am and before 6:00 am.
A shift worker whilst on afternoon or night shift shall
be paid for such shift 20 per cent more than the base rate.
A shift worker whilst on early morning shift shall be
paid for such shift 15 per cent more than the base rate.
7. Overtime
(a) For all time
worked outside the ordinary hours of work prescribed by clause 6, Hours of
Work, the rates of pay shall be time and one-half for the first two hours and
double time thereafter.
(b) Employee(s)
called upon to work during the recognised meal break shall be paid the overtime
rate for all time worked until a break is granted.
(c) For all time
worked on Sunday (four hours minimum), double time shall be paid.
(d) An employee
after completion of overtime shall be given a minimum of ten hours' break
without deduction of pay for ordinary hours occurring in that period. An
employee required to work without having had the ten-hour break shall be paid
at double time until released from duty.
(e) Each employee
shall work between four and six hours per week of overtime as required by the
company.
8. Mixed Functions
Where the employment or work involves functions of a mixed
character, the minimum wage to be paid for that day shall be higher rate
applicable under this award. If so engaged in excess of one day in any week the
employee shall be paid at the higher rate for all time worked.
9. Public Holidays
Permanent employees shall be entitled to the following days
off with full pay as though worked: New Year’s Day, Queen’s Birthday, Australia
Day, Labour Day, Good Friday, Christmas Day, Easter Sunday, Easter Monday,
Anzac Day, Boxing Day, together with all proclaimed and/or gazetted public
holidays celebrated throughout the State of New South Wales.
All time worked on any of the public holidays shall be paid
at the rate of double time and one-half, except for work on Easter Saturday,
which shall be paid at double time. A minimum of four hours’ pay shall be paid
to an employee who is required to work on any public holiday.
Where an employee is absent from work on the working day
before or after a public holiday or is required to work on such public holiday
and is absent without reasonable excuse, the employee shall not be entitled to
payment for such public holiday.
Where an employee’s rostered day off falls on a public
holiday the employee, at the discretion of the employer, shall be paid one day’s
pay at ordinary rates or be given a day off on an alternative weekday.
The first Monday in March each year shall be the union’s
picnic day. An employee required to work shall be paid at time and one-half the
ordinary rate and an additional day’s leave shall be added to the employee’s
annual leave. The company may require from the employee the butt of the ticket
issued for the picnic as evidence of their attendance at the picnic. Where such
evidence is requested by the company, payment need not be made unless such
evidence is produced. To maintain productivity, the picnic day holiday shall be
staggered between the first and second Monday in March of each year.
10. Meal Allowance
and Meal Time
Am employee required to work overtime for more than one and
a half hours shall be paid the amount as set out in Item 7 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, in lieu of a meal. A further
sum of the amount as set out in the said Item 7 shall be paid to an employee
after each four hours of overtime worked.
A meal break of 15 minutes shall be allowed and will be
taken at 6:00 pm. The time taken shall be paid for at overtime rates, provided
work continues after the break.
11. Contract of
Employment
Employment shall be by the week; employment shall be
terminated by one week’s notice by the employee or by forfeiture of one week’s
wages.
A casual shall be employed on an hourly basis. An allowance
of 20 per cent shall be paid for all hours worked.
12. Payment of Wages
Payment of wages shall be paid by cash or electronic funds
transfer, paid weekly to a bank or financial institution of the employee’s
choice and are available by Friday of each week. Pays will be calculated to
Thursday of each week.
13. Tea Breaks
Employees shall be allowed a tea break of ten minutes during
each period of four hours worked. This provision shall also apply to work
performed on a Saturday, Sunday, public holidays and on overtime.
At the company’s direction, a ten-minute tea break will be
provided between 1:00 pm and 4:00 pm Monday to Friday.
14. Fares
Transport in the company’s time from store to store or from
store to the waterfront and return shall be arranged and paid for by the
company.
15. Travelling
Allowance
Where an employee is transferred to a place which requires
the employee to travel a greater distance from home than the distance to the
usual place of employment, the company shall pay any additional fares incurred
and for any additional travelling time so incurred shall be paid at ordinary
rates of pay.
16. Sick Leave
(a) Where an
employee after three months’ continuous employment does not attend work by
reason of sickness, he/she shall on account thereof be entitled without
deduction of pay to absent himself/herself from work up to the equivalent of
ten working days each year, subject to the following provisions of this clause.
(b) The employee
shall, wherever practicable, before the commencement of such absence, or in any
case within 24 hours, inform the company of the employee’s inability to attend
for duty and, as far as practicable, state the nature of the injury or illness
and the estimated duration of the absence.
(c) The company
may require a medical certificate for the third and subsequent single days’
absences in each year. An employee shall provide medical certificates for
consecutive days’ absences.
For absences, which occur before or after public
holidays or rostered days off, a medical certificate shall be provided
irrespective of the length of absence.
(d) An employee
who during the first three months’ service is absent from his/her employment
due to illness and provides medical certificates for such absence or absences
shall, upon completion of three months’ service, be entitled to claim payment
for such sick leave up to the maximum provided for by subclause (a) of this
clause.
(e) An employee
may allow untaken sick leave to accumulate from year to year to a maximum of
the equivalent hours of 50 working days.
16A. State
Personal/Carer’s Leave Case - August 1996
(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 subparagraph (ii) of paragraph (c), 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 16, 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, an employee
must not take carer’s leave under this subclause where another person has taken
leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being
responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or
adult child (including an adopted child, a step-child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and 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.
(2) Unpaid Leave
for Family Purpose:
(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 a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(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 five days in single-day periods, or part thereof, in any
calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime:
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with 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.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(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.
(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 rostered days off in
part-day amounts.
(c) 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 to reasonable notice by
the employee or the employer.
(d) 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.
17. Annual Leave
(a) See Annual Holidays Act 1944.
(b) Except where
altered to grant additional leave privileges, the Annual Holiday Act 1944 shall
apply in all respects.
(c) During a
period of annual leave, an employee shall receive a loading of 20 per cent
calculated on the rate of wage prescribed by clause 3, Wages. The annual leave
loading shall not be payable in respect of pro rata payments for annual leave
on the termination of employment.
(d) Employees
undertake to give the company reasonable notice of proposed annual leave. The
company undertakes also to give reasonable notice of proposed annual leave and
plant closure.
18. Long Service
Leave
See Long Service Leave (Oil Companies) State Award 1985
published 24 December 1986 (243 I.G. 1398), or its replacement industrial
instrument.
19. Bereavement Leave
(1) An employee,
other than a casual employee, shall be entitled to three days bereavement leave
without deduction of pay on each occasion of the death of a person as
prescribed in subclause (3) of this clause. If the death is interstate or
overseas, four days bereavement leave will be granted.
(2) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(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
subparagraph (ii) of paragraph (c) of subclause (1) of clause 16A, Personal/Carer s Leave Case, provided that,
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(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.
(5) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 16A. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
20. Redundancy
(A) Application:
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by clause 3, Wages.
(ii) In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of subclause (C), Redundancy, of this
clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's service, and the general obligation on
employers shall be no more than to give such employees an indication of the
impending redundancy at the first reasonable opportunity, and to take such
steps as may be reasonable to facilitate the obtaining by the employees of
suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(B) Introduction of
Change:
(i) Employer's
duty to notify:
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
duty to discuss change:
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subparagraph (a) of
paragraph (i) of this subclause, the effects the changes are likely to have on
employees and measures to avert or mitigate the adverse effects of such changes
on employees, and shall give prompt consideration to matters raised by the employees
and/or the union in relation to the changes.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said subparagraph (a).
(c) For the purpose
of such discussions, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
(C) Redundancy:
(i) Discussions
before terminations:
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(a) of paragraph (i) of subclause (B), Introduction of Change, and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (a) of this
paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purposes of the discussions the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(D) Termination of
Employment:
(i) Notice for
changes in production, programme, organisation or structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from changes to production, programme, organisation or
structure, in accordance with subparagraph (a) of paragraph (i) of subclause
(B), Introduction of Change, of this clause:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of
continuous service
|
Period of notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(ii) Notice for
technological change - This paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (a) of paragraph (i) of the said subclause (B).
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off
during the notice period:
(a) During the period
of notice of termination given by the employer, an employee shall be allowed up
to one day's time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purpose of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period: If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the employer until the expiry of such notice. Provided that, in such
circumstances, the employee shall not be entitled to payment in lieu of notice.
(v) Statement of
employment: The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink or the appropriate Government Authority: Where a decision has been
made to terminate employees, the employer shall notify Centrelink or the
appropriate Government Authority thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) Centrelink
Employment Separation Certificate: The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by
Centrelink.
(viii) Transfer to
lower-paid duties: Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (i) of subclause (B), Introduction of Change, the
employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if the employee's employment had been
terminated, and the employer may, at the employer's option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary-time rates for the number of
weeks of notice still owing.
(E) Severance Pay:
(i) Where an
employee is to be terminated pursuant to subclause (D), Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the employee the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of
age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
45 years of age and
over entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
clause 3, Wages.
(ii) Incapacity to
pay: Subject to an application by the employer and further order of the
Industrial Relations Commission an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (i) of this
subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in paragraph (i) of
this subclause will have on the employer.
(iii) Alternative
employment: Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) of this subclause if the employer obtains
acceptable alternative employment for an employee.
(F) Savings
Clause: Nothing in this clause shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the union and any employer bound by this award.
21. Union
Representative
An employee appointed union representative shall be
recognised as the accredited representative of the union and shall be allowed the
necessary time off during working hours to interview the employer on matters
affecting members whom he/she represents.
22. Consultative
Committee
A consultative committee comprising an equal number of
management and employee representatives shall be established. The committee
shall be a forum for open discussion and shall meet on a regular basis or as
required.
This committee shall address a broad range of operational
and personnel matters, particularly those that contribute to the efficiency and
productivity of the company's operation as well as attempting, as far as
possible, to maintain security of employment. Subjects that would be addressed
include:
the introduction of new technology;
work methods;
implications of external decisions on the company and
employees; and
the physical aspects of the employee working
environment.
23. Disputes
Procedure
Procedures relating to the handling of dispute(s) which may
occur in the workplace from time to time, must be initially dealt with as close
to its source as possible, with graduated steps for further discussions and
resolution at higher levels of authority, as follows:
(1) The
employee(s) is required to notify the employer as to the substance of the
grievance as soon as reasonably practicable. A meeting may be arranged with the
employer for bilateral discussion and remedies may be investigated.
(2) Reasonable
time limits must be allowed for discussion at each level.
(3) At the
conclusion of the discussion the employer must provide a response to the
dispute, if the matter has not been settled, including reasons for not
implementing any proposed remedy.
(4) While the
procedure is being followed, normal work must continue.
(5) The employee(s)
may be represented by The Australian Workers' Union, New South Wales,
throughout the procedure.
24. Area and
Incidence
This award replaces the Valvoline (Australia) Pty Ltd
1997-1999 Consent Award published 20 November 1998 (307 I.G 231) and all
variations thereof.
This award shall apply to employees whose classifications
are as set out in Table 1 - Wages, of Part B, Monetary Rates, and who are
employed by the company in the State of New South Wales.
This award published 20 November 1998 took effect on and
from 25 November 1997.
This award has been reviewed pursuant to section 19(6) of
the Industrial Relations Act 1996 and
the Principles for Review of Awards Decision made by the Industrial Relations
Commission of NSW on 18 December 1998 (308 I.G. 307). Any changes arising from
the Review take effect on and from 27 July 2001.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
Base Wage
|
Base Wage ffpp
1.10.98 2.5% increase
|
|
$
|
$
|
Blender
|
557.70
|
571.60
|
Assistant Blender
|
539.20
|
552.70
|
Materials Attendant/Truck Driver
|
529.00
|
542.20
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
($)
|
1
|
4(a)
|
Leading Hand:
|
|
|
|
In charge of up to nine employees
|
17.00 per week
|
|
|
In charge of ten or more employees
|
24.50 per week
|
|
|
In charge of a complete store (i.e. Newcastle, etc)
|
24.50 per week
|
2
|
4(b)
|
Fork lift allowance
|
7.00 per week
|
3
|
4(c)
|
Boiler certificate
|
9.70 per week
|
4
|
4(d)
|
First-aid allowance
|
10.00 per week
|
5
|
4(e)
|
Service allowance -
|
|
|
|
After the first 12 months of service
|
2.90 per week
|
|
|
After 2 years of service
|
5.60 per week
|
|
|
After 5 years of service
|
13.00 per w eek
|
|
|
After 10 years of service
|
18.00 per week
|
6
|
4(f)
|
Attendance bonus
|
8.10 per week
|
7
|
10
|
Meal allowance -
|
|
|
|
|
|
|
|
Overtime for more than one and a half hours
|
6.50
|
|
|
After each four hours
|
6.50
|
B. W. O'NEILL, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.