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New South Wales Industrial Relations Commission
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VALVOLINE (AUSTRALIA) PTY LTD 1997-1999 CONSENT AWARD
  
Date05/31/2002
Volume333
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0626
CategoryAward
Award Code 1346  
Date Posted05/29/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1346)

SERIAL C0626

 

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.

 

 

 

 

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