WAREHOUSE
EMPLOYEES’ - GENERAL (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of Awards pursuant to Section 19 of the Industrial
Relations Act 1996 and application by the Shop, Distributive and Allied Employees'
Association, New South Wales, industrial organisation of employees.
(Nos. IRC 1259, 5740, 5804 of
1999 and 4161 of 2001)
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Before the Honourable Justice Kavanagh
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22 June 2001
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REVIEWED AWARD
PART A
Arrangement
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Clause No.
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Subject Matter
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1.
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Arrangement
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2.
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Hours
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3.
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Wages
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4.
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State Wage Case Adjustments
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5.
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Supported Wage
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6.
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Shift Workers
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7.
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Meal Times
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8.
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Lunch Room
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9.
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Overtime
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10.
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Meal Allowance
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11.
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Holidays and Sundays
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12.
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Time and Payment of Wages
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13.
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Particulars of Wages to be furnished to Employees
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14.
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Redundancy
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15.
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Mixed Functions
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16.
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Termination of Employment
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17.
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Sick Leave
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18.
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Personal/Carer's Leave
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19.
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Bereavement Leave
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20.
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Annual Leave
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21.
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Annual Leave Loading
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22.
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Union Delegates
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23.
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Notice Board
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24.
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Transfer of Employees
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25.
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First-Aid Kit
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26.
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Conditions
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27.
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Locomotion
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28.
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Rest Pause
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29.
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Proportion
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30.
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Long Service Leave
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31.
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Right of Entry
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32.
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Jury Service
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33.
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Parental Leave
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34.
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Disputes Procedure
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35.
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Anti Discrimination
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36.
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Leave Reserved
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37.
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Flexibility of Work
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38.
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Commitment to Training and Careers
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39.
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Enterprise Consultative Mechanism
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40.
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Occupational Superannuation
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41.
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Enterprise Arrangements
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42.
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Area, Incidence and Duration
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PART B
MONETARY RATES
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Table 1
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Wages
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Table 2
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Other Rates and Allowances
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2. Hours
(i) The ordinary working hours, exclusive
of meal times shall average 38-hours per week, Monday to Friday, worked as
follows:
(a) The hours to be worked will be between
the span of hours, 6.00 am to 6.00 pm.
(ii) Except as provided in subclauses (iv)
and (v) below, the 38-hour average week may be worked in any one of the
following ways:
(a) By employees working less than 8
ordinary hours each day; or
(b) By employees working less than 8
ordinary hours on one or more days each week; or
(c) By fixing one weekday on which all
employees will be off during a particular work cycle; or
(d) By rostering the employees off on
various days of the week during a particular work cycle so that each employee
has one weekday off during that cycle.
(iii) The method of working the 38-hour average
week shall be at the discretion of the employer who shall nominate which method
prescribed in subclauses (ii) and (iv) shall apply. Provided that the employer shall
not subsequently alter the method of implementation without advising the
employees subject to the alteration at least 7 days in advance of the date on
which the altered method of implementation is to take effect. Provided further
that the Union may approach any employer to discuss the method of
implementation.
(iv) Subject to the provisions of subclause
(i) of this clause and subclauses (ii) and (iii) of Clause 6, Shift Workers,
should the employer and the majority of employees in any establishment agree,
the ordinary working hours may exceed 8 of any day, to enable a week day off to
be taken more frequently than would otherwise apply.
(v) Different methods of implementation of a
38-hour week may apply to various groups or sections of employees in the plant
or establishment concerned.
(vi) Except as provided in subclause (vii)
hereof, in cases where an employee in accordance with paragraphs (c) and (d) of
subclause (ii) hereof, is entitled to a day off during his/her work cycle such
employee shall be advised by the employer at least 4 weeks in advance of the
week day he/she is to take off.
(vii) (a) An
employer with the agreement of a majority of employees in any establishment,
may substitute the day an employee is to take off in accordance with paragraphs
(c) or (d) of subclause (ii) hereof, for another day in the case of a
break-down in machinery, a failure or shortage of electric power, to meet the
requirements of the business in the event of rush orders or some other
emergency situation.
(b) An employee who is required by his/her
employer to work on his/her scheduled day off in circumstances other than those
in paragraph (a) of this subclause shall be paid overtime rates or be granted
an alternative day off. Such choice shall be at the option of the employer.
(c) An individual employee, with the
agreement of his/her employer, may substitute the day he/she is to take off for
another day.
(d) An employer, at his/her discretion, may
hold up to a maximum of 5 days accrued in accordance with (c) and (d) of
subclause (ii) hereof. Such days to be
taken at a time mutually agreed to between the employer and employee concerned.
(viii) Part-time Employees - The spread of
ordinary hours of work, exclusive of meal times, shall be the same as those
prescribed for weekly employees, but shall not, in any case, be less than 12
hours per week nor more than thirty two hours per week. The ordinary hours of work shall not exceed
eight hours on a particular day.
Part-time employees employed prior to 21 January, 1992, shall not work
less than 20 hours per week, unless by mutual agreement.
3. Wages
(i) The minimum
weekly wage to be paid to adults shall be:
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Group No. (Table 1)
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Adults -
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Checker
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1
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Assembler
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2
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Replenisher/Stockhand
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3
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Sorter
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4
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Wrapper/Tier
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5
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Indoor Salesperson
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6
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(ii) Junior
Employees -
(a) Junior employees shall receive the
following percentage of the adult rate prescribed in subclause (i) hereof:
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Percentage
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per week
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At 16 years of age and under
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60
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At 17 years of age
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65
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At 18 years of age
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75
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At 19 years of age
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85
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At 20 years of age and over
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100
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(b) Provided that the rates calculated
herein shall be calculated to the nearest 10 cents, anything in the result not
exceeding 5 cents to be disregarded.
(c) Provided further that employees entering
the trade at 17 years of age and over and under 20 years experience, may for the first six months be
paid 15 per centum less and for the next six months 10 per centum less than
rates hereinbefore mentioned for adults.
(iii) Casual employees shall be paid per hour
one thirty-eight of the adult weekly rate, plus 15 per centum calculated to the
nearest half cent with a minimum payment of four hours for each day.
(iv) (a) A
part-time employee shall mean any employee who is employed to work regular days
and regular hours and they shall not be engaged for less than 12 hours nor more
than 32 hours per week. Such
employee(s) shall be paid for each hour worked at the rate of at least
one-thirty eighth of the minimum weekly wage prescribed by this award for the
class of work performed by them.
(b) Provided that the total provisions of
this award shall apply to such part-time employee on a proportionate basis and,
in the case of the public holidays, part-time employees shall only be entitled
to payment for the number of hours he or she would normally have worked had the
day been an ordinary working day. Part-time employees prior to 21 January,
1992, shall not work less than 20 hours per week, unless by mutual agreement.
(v) Section head - Where there are four or
more employees in a section of a warehouse and a section head is appointed, he
or she shall be paid the amount as set out in Item 1 Table 2 of Part B, in
addition to the appropriate adult rate.
(vi) An adult automotive parts and accessories
salesperson qualified (i.e one who has passed an appropriate course of
technical training) shall be paid the amount as set out in Item 2 of Table 2 of
Part B, in addition to the appropriate adult rate.
(vii) Departmental Manager - An employee
appointed in charge of a department in a warehouse, not being an employee
temporarily in charge during the absence of persons ordinarily in charge of the
department.
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Group No.
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(Table 1)
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The minimum rate of pay shall be:
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In charge of from one to four assistants
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7(i)
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In charge of from five to twelve assistants
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7(ii)
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In charge of from thirteen to twenty-five assistants
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7(iii)
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In charge of over twenty-five assistants
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7(iv)
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Provided that
this award shall not apply to department managers who are in receipt of a weekly
wage in excess of 15 per centum above the rate for a person in charge of 25
assistants, from time to time effective, except as to the provisions of clause
11, Holidays and Sundays, clause 17, Sick Leave, clause 30, Long Service Leave,
of this award.
4. State Wage Case Adjustments
(a) The rates of pay in this award include
the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(i) any equivalent overaward payments, and/or
(ii) award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments.
5. Supported Wage
Definition
(a) This clause defines the conditions,
which will apply to employees who because of the effects of a disability are eligible
for a supported wage under the terms of this award. In the context of this clause, the following definitions will
apply:
(i) 'Supported Wage System' means the
Commonwealth Government system to promote employment for people who cannot work
at full award wages because of a disability, as documented in "[Supported
Wage System: Guidelines and Assessment
Process]".
(ii) 'Accredited Assessor' means a person
accredited by the management unit established by the Commonwealth under the
Supported Wage System to perform assessments of an individual's productive
capacity within the Supported Wage System.
(iii) 'Disability Support Pension' means the
Commonwealth pension scheme to provide income security for persons with a
disability as provided under the Social
Security Act 1991, as amended from time to time, or any successor to that
scheme.
(iv) 'Assessment Document' means the form
provided for under the Supported Wage System that records the assessment of the
productive capacity of the person to be employed under the Supported Wage
System.
Eligibility Criteria
(b) Employees covered by this clause will be
those who are unable to perform the range of duties to the competence level
required within the class of work for which the employee is engaged under this
award, because of the effects of a disability on their productive capacity and
who meet the impairment criteria for receipt of a Disability Support Pension.
(The clause does
not apply to any existing employee who has a claim against the employer which
is subject to the provisions of workers' compensation legislation or any
provision of this award relating to the rehabilitation of employees who are
injured in the course of their current employment).
The award does
not apply to employers in respect of their facility, program, undertaking,
service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service
provider and sheltered employer to people with disabilities who are in receipt
of or are eligible for a disability support pension, except with respect to an
organisation which has received recognition under section 10 or section 12A of
the Act, or if a part only has received recognition, that part.
Supported Wage Rates
(c) Employees to whom this clause applies
shall be paid the appropriate percentage of the minimum rate of pay prescribed
by this award for the class of work, which the person is performing according
to the following schedule:
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Assessed Capacity
(sub-clause (d))
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% Of Prescribed Award
Rate
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10*
20
30
40
50
60
70
80
90
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10
20
30
40
50
60
70
80
90
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(Provided
that the minimum amount payable shall be not less than $57.60 per week).
*Where a person's
assessed capacity is 10 per cent, they shall receive a high degree of
assistance and support.
Assessment of Capacity
(d) For the purpose of establishing the
percentage of the award rate to be paid to an employee under this Award, the
productive capacity of the employee will be assessed in accordance with the
Supported Wage System and documented in an assessment instrument by either:
(i) the employer and a union party to the
Award, in consultation with the employee or, if desired by any of these;
(ii) the employer and an accredited Assessor
from a panel agreed by the parties to the award and the employee.
Lodgement of Assessment Document
(e) (i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission of New South Wales.
(ii) All assessment documents shall be agreed
and signed by the parties to the assessment, provided that where a union which
is party to the Award, is not a party to the assessment, it shall be referred
by the Registrar to the union by certified mail and will take effect unless an
objection is notified to the Registrar within ten working days.
Review of Assessment
(f) The assessment of the appropriate
percentage should be subject to annual review or earlier on the basis of a
reasonable request for a review. The
process of review must be in accordance with the procedures for assessing
capacity under the Supported Wage System.
Other Terms and Conditions of Employment
(g) Where an assessment has been made, the
appropriate percentage will apply to the wage rate only. Employees covered by the provisions of the
clause will be entitled to the same terms and conditions of employment as all
other workers covered by this Award paid on a pro-rata basis.
Workplace Adjustment
(h) An employer wishing to employ a person
under the provisions of this clause must take reasonable steps to make changes
in the workplace to enhance the employee's capacity to do the job. Changes may involve redesign of job duties,
working time arrangements and work organisation in consultation with other
workers in the area.
Trial Period
(i) (i) In
order for an adequate assessment of the employee's capacity to be made, an
employer may employ a person under the provisions of this clause for a trial
period not exceeding 12 weeks, except that in some cases additional work
adjustment time (not exceeding four weeks) may be needed.
(ii) During the trial period the assessment
of capacity must be undertaken and the proposed wage rate for a continuing
employment relationship must be determined.
(iii) The minimum amount payable to the employee
during the trial period shall be no less than $57.60 per week.
(iv) Work trials should include induction or training as
appropriate to the job being trialled.
(v) Where the employer and employee wish to establish
a continuing employment relationship following the completion of the trial
period, a further contract of employment shall be entered into based on the
outcome of assessment under subclause (d) hereof.
6. Shift Workers
(i) Definitions
- For the purposes of this clause -
"Afternoon
Shift" means any shift finishing after 6.00 pm and at or before midnight.
"Continuous
Work" means work carried on with consecutive shifts of employees
throughout the twenty-four hours of each of at least six consecutive days
without interruption except during breakdowns or meal breaks or due to
unavoidable causes beyond the control of the employer.
"Night
Shift" means any shift finishing subsequent to midnight and at or before
8.00 am.
"Rostered
Shift" means a shift of which the employee concerned has had at least
forty-eight hours' notice.
"Early
Morning Shift" means any shift commencing at or after 4.00 a.m. and before
6.30 a.m.
When
implementing an early morning shift the employer should consult with the relevant
employees so as to avoid any unreasonable personal hardship.
A shift worker
whilst on Early Morning Shift shall be paid for such shift 12.5 per cent more
than their ordinary pay.
(ii) Hours - Continuous Work shifts - The
ordinary working hours of shift workers employed on continuous work shall be an
average of 38 per week. Such ordinary
hours:
(a) shall not exceed one hundred and
fifty-two in any work cycle, and
(b) except as provided in subclauses (ii),
(iii), (iv), (v), (vi), (vii) of clause 2, shall not exceed
(1) eight in one day, nor
(2) forty-eight in any one week, nor
(3) eighty-eight in any fourteen consecutive
days, nor
(4) one hundred and twenty-eight in any
twenty-one consecutive days.
(iii) Hours - Other than Continuous Work - The
ordinary working hours of shift workers not on continuous shifts shall be an
average of 38 per week and :-
(a) shall not exceed one hundred and
fifty-two in any work cycle, and
(b) except as provided in subclauses (ii),
(iii), (iv), (v), (vi), (vii) of clause 2, shall not exceed -
(1) eight in one day, nor
(2) forty in any one week, nor
(3) eighty in any fourteen consecutive days,
nor
(4) one hundred and twenty in any twenty-one
consecutive days.
(iv) Hours - General - The ordinary working
hours of shift workers shall be worked at such times as the employer may
require, provided that:
(a) except at the regular changeover of shifts,
an employee shall not be required to work more than one shift in any
twenty-four hours;
(b) twenty minutes shall be allowed to shift
workers each shift for crib which shall be counted as time worked;
(c) the ordinary working hours of any shift
shall be worked continuously except for meal breaks to be taken at such times
as the employer may direct;
(d) no employee shall be required to work
for more than five consecutive hours without a meal break.
(v) Rosters - Shift rosters shall specify
the commencing and finishing times of ordinary working hours of the respective
shifts.
(vi) Variations by Agreement - The method of
working shifts may in any case be varied by agreement between the employer and
the accredited representative of the union to suit the circumstances of the
establishment. The time of commencing
and finishing shifts once having been determined may be varied by agreement
between the employer and the accredited representative of the union to suit the
circumstances of the establishment or in absence of agreement by seven days'
notice of alteration given by the employer to the employees.
(vii) Afternoon or
Night Shift Allowances
(a) A shift worker whilst on afternoon or
night shift shall be paid for such shift 15 per cent more than his ordinary
pay.
(b) A shift worker who works on an afternoon
or night shift which does not continue for at least five successive afternoons
or nights in a five day workshop or for at least six successive afternoons or
nights in a six day workshop shall be paid for each such shift 50 per cent for
the first three hours thereof and 100 per cent for the remaining hours thereof
in addition to his ordinary rate.
(c) An employee
who -
(1) during a period of engagement on shift,
works night shift only; or
(2) remains on night shift for a longer
period than four consecutive weeks, or
(3) works on a night shift which does not
rotate or alternate with another shift or with day work so as to give him/her
at least one-third of his/her working time off night shift in each shift cycle;
shall during such engagement period or cycle be paid 30 per cent more than
his/her ordinary rate for all time worked during ordinary working hours on such
night shift.
(viii) Saturday Shifts - The minimum rate to be
paid to a shift worker for work performed between midnight on Friday and
midnight on Saturday shall be time and one-half. Such extra rate shall be in substitution for and not cumulative
upon the shift premiums prescribed in subclause (vii) of this clause.
(ix) Overtime - Shift workers for all time
worked in excess of or outside the ordinary working hours prescribed by this
award or on a shift other than a rostered shift shall -
(a) if employed on continuous work be paid
at the rate of double time; or
(b) if employed on other shift work be paid
at the rate of time and one-half for the first two hours and double time
thereafter,
Except
in each case when the time is worked -
(c) by arrangement between the employees
themselves;
(d) for the purpose of effecting customary
rotation of shifts; or
(e) on a shift to which an employee is
transferred on short notice as an alternative to standing the employee off in
circumstances which would entitle the employer to deduct payment for a day.
Provided that
when not less than eight hours' notice has been given to the employer by a
relief person that he/she will be absent from work and the employee whom he/she
should relieve is not relieved and is required to continue to work on his/her
rostered day off the unrelieved employee shall be paid double time.
(x) Requirements to Work Reasonable Overtime
- An employer may require any employee to work reasonable overtime at overtime
rates and such employee shall work overtime in accordance with such
requirements.
(xi) Sunday and Holidays - Shift workers on
continuous shifts, for work on a rostered shift, the major portion of which is
performed on a Sunday or holiday, shall be paid as follows:
(a) Sundays - at the rate of double time.
(b) Holidays as prescribed by clause 11, Holidays
and Sundays, of this award, at the rate of double time. Shift workers on other
than continuous work for all time worked on a Sunday or holiday shall be paid
at the rates prescribed by clause 11, Holidays and Sunday Rates of pay of this
award. Where shifts commence between 11:00 pm and midnight on a Sunday or
holiday, the time so worked before midnight shall not entitle the employee to
the Sunday or holiday rate; provided that the time worked by an employee on a
shift commencing before midnight on the day proceeding a Sunday or holiday and
extending into a Sunday or holiday shall be regarded as time worked on such
Sunday or Holiday. Where shifts fall
partly on a holiday, that shift the major portion of which falls on a holiday
shall be regarded as the holiday shift.
(xii) Daylight Saving - Notwithstanding anything
contained elsewhere in this award, in any area where by reason of the
legislation of a State summer time period is prescribed as being in advance of
the standard time of that State the length of any shift -
(a) commencing before the time prescribed by
the relevant legislation for the commencement of a summer time period, and
(b) commencing on or before the time
prescribed by such legislation for the termination of a summer time period, shall
be deemed to be the number of hours represented by the difference between the
time recorded by the clock at the beginning of the shift and the time so
recorded at the end thereof, the time of the clock in each case to be set to
the time fixed pursuant to the relevant State legislation.
In this subclause
the expression "standard time" and "summer time" shall be
the same meanings as are prescribed by the relevant State legislation.
(xiii) Clause 2,
Hours; 9, Overtime; and 7, Meal Times, shall not apply to shift workers.
(xiv) When overtime work is necessary it shall,
whenever reasonably practicable, be so arranged that employees have at least
ten consecutive hours off duty between the work of successive days.
An employee
(other than a casual employee) who works so much overtime between the
termination of his/her ordinary work on one day and the commencement of his/her
ordinary work on the next day that he/she has not had at least ten consecutive
hours off duty between those times shall, subject to this subclause, be
released after completion of such overtime until he/she has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
If on the
instructions of his/her employer such an employee resumes or continues work
without having had such ten consecutive hours off duty he/she shall be paid at
double rates until he is released from duty for such period and he/she shall
then be entitled to be absent until he/she has had ten consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
The provisions
of this subclause shall apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked -
(a) for the purpose of changing shift
rosters; or
(b) where a shift worker does not report for
duty and a day worker or a shift worker is required to replace such shift
worker; or
(c) where a shift is worked by arrangement
between the employees themselves.
7. Meal Times
(i) Each employee shall be allowed each day
not less than half an hour nor more than one hour for a midday meal, to be
taken between 11.30 am and 2.30 pm.
(ii) Subject to the provisions of this clause
an employer may require an employee to work during his/her recognised meal
break as part of his/her ordinary time.
(iii) An employee who is required to work on a
day later than 7.00 pm shall be allowed not less than twenty minutes nor more
than forty minutes for an evening meal between 6.00 pm and 7.00 pm. Provided that any employer and his/her
employee may mutually agree to any variation of this subclause to meet the
circumstances of the work in hand.
Provided that an employee shall not forgo this break.
8. Lunch Room
Where not less than ten employees are employed in a
warehouse, an employer shall provide free from all charge a suitable room with
adequate table and seating accommodation and sufficient cutlery, crockery and
hot water. Any dispute as to the
practicability of providing such a room or its suitability shall be referred
through the Disputes Procedure.
9. Overtime
(i) All time
worked:
(a) in excess of thirty-eight hours per
week;
(b) before the commencing time on any day;
(c) after the prescribed ceasing time on any
day;
shall be paid
for at the rate of time and one-half for the first two hours and double time
thereafter. In computing overtime each
day's work shall stand alone.
(ii) An employee who works on any Saturday
shall be paid overtime at the rate of time and one-half for the first two hours
and double time thereafter with a minimum payment of three hours; provided that
all time worked after 11 a.m. shall be paid for at the rate of double time.
(iii) In all cases any portion of an hour less
than thirty minutes shall be reckoned at thirty minutes and any portion of an
hour above thirty minutes shall be reckoned as an hour.
10. Meal Allowance
An employee who works overtime after 7.00 pm any day shall
be paid a meal allowance as set out in Item 3 Table 2 of Part B. The meal allowance shall be paid on the day
the overtime is worked.
11. Holidays and Sundays
(i) The following day or days observed as
such shall be holidays: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Labour Day, Christmas Day, Boxing Day or any other day gazetted as a
public holiday within the area covered by this award; provided that any day
proclaimed as a holiday for the State for a special purpose but observed
throughout the State on different days, also shall be a holiday.
(ii) In addition to the holidays prescribed
in subclause (i) of this clause employees shall be entitled to an additional
public holiday in lieu of a union picnic day.
The date of such
additional public holiday shall be set by agreement between the employer and
the employees concerned, having taken into consideration the operation of the
particular establishment; provided that where an additional holiday or paid
picnic day is observed as a holiday by the general body of employees in an
establishment then such day shall be substituted and observed as the additional
award holiday under this award.
(iii) Every employee allowed a holiday
specified herein shall be deemed to have worked in that week in which the
holiday falls the number of ordinary working hours that he/she would have
worked had the day not been a holiday.
(iv) For all work done on Sunday double time
shall be paid with a minimum payment of four hours; for all work done on
holidays, double time and one-half shall be paid with a minimum payment of four
hours.
(v) An employee absent without leave on the
day before or the day after any award holiday shall be liable to forfeit wages
for the day of absence as well as for the holiday, except where an employer is
satisfied that the employee's absence was caused through illness, in which case
wages shall not be forfeited for the holiday:
Provided that an employee absent on one day only either before or after
a group of holidays, shall forfeit wages only for one holiday as well as for
the period of absence.
12. Time and Payment of Wages
(i) All wages, in addition to any bonus,
commission or premium the employer may choose to pay, may be paid weekly or by
genuine mutual agreement fortnightly.
(ii) In the case of weekly pays, wages shall
be calculated up to and including the day of payment. In the case of fortnightly pays, wages shall be paid no later
than the third day of the second week of the pay period. Wages shall be paid on a day other than
Friday or Saturday. Overtime shall be
paid no later than the following pay cycle from the day it was earned.
(iii) Wages shall be paid in cash, cheque or by
Electronic Funds Transfer as determined by the employer. Provided that payment by Electronic Funds
Transfer shall not be used wherever its use would create harsh or unreasonable
circumstances for employees. Provided
further that wherever wages are paid by Electronic Funds Transfer, the employer
shall meet the following costs:-
(1) The employee's account establishment
cost.
(2) The cost of each deposit of wages in the
employee's account including government charges.
(3) The cost of a single withdrawal of each
deposit of wages from an employee's account.
(This includes both Bank and Government Charges).
(iv) All cash
wages shall be paid in the employer's time.
(v) Notwithstanding
the foregoing -
(a) where employment is terminated an
employee shall be paid forthwith all ordinary wages due and shall be paid all
overtime and other moneys due within seven days of the date of the termination
of employment;
(b) in the event of an employer not paying
the said overtime and other moneys due at the time on which he/she has
undertaken to pay, then the employer shall reimburse the employee all expenses
he/her has incurred in attending to collect the amounts due to him/her;
(c) where an employee is required by an
employer to wait beyond the ordinary ceasing times of the employee for payment
of ordinary wages when an employee is terminated or to wait for payment of
ordinary wages after the period of the termination for a period of more than 15
minutes, he/she shall be paid his/her ordinary wages for the period during
which he/she is so required to wait.
13. Particulars of Wages to be Furnished to
Employees
On the payment by an employer of any wages to an employee
covered by an award, whether or not such payment is required by the award to be
made, the employer shall furnish to the employee, either by noting on the pay
envelope of the employee or by way of a statement in writing handed to the
employee at the time when the payment is made, such particulars as may be
prescribed as regards -
(a) the date of payment;
(b) the classification of the employee under
the award;
(c) the period in respect of which the
payment is made;
(d) times worked or work done by the
employee;
(e) matters in respect of which the payment
is made;
(f) deductions made;
(g) the amount paid;
(h) how the amount paid is made up.
14. Redundancy
(1) Application
-
(i) This clause shall apply in respect of
full-time and part-time persons employed in the classifications specified by
Table 1 - Wages, of Part B, Monetary Rates.
(ii) In respect to employers who employ more
than 15 employees immediately prior to the termination of employment of
employees, in the terms of subclause 4, Termination of Employment.
(iii) Notwithstanding anything contained
elsewhere in this clause, this clause shall not apply to employees with less
than one year's continuous 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 clause, 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.
(2) 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 to have significant effect.
(ii) Employer's duty to discuss change -
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 paragraph (i) of this subclause (2),
Introduction of Change, of this clause, 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.
The discussion shall commence as
early as practicable after a definite decision has been made by the employer to
make the changes referred to in paragraph (i) of this subclause (2) of this
clause.
For the purpose of such
discussion, 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.
(3) 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 paragraph (i), of subclause (2), Introduction
of Change, of this clause, 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 practicable after the employer has made a definite decision which will
invoke the provisions of the said paragraph (i) of subclause (2) 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 purpose of the discussion 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.
(4) Termination
of Employment -
(i) Notice for changes in production,
programme, organisation or structure - this paragraph sets out the notice
provisions to be applied to termination by the employer for reasons arising
from production, programme, organisation or structure, in accordance with
paragraph (i) of subclause (2), 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) In addition to the notice above, employees
above 45 years of age at the time of the giving of the notice, with not less
than two years' continuous service, shall be entitled to an additional week's
notice.
(c) 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 terminations by the
employer for reasons arising from "technology" in accordance with
paragraph (i) of subclause (2), Introduction of Change, of this clause.
(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 purposes 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 - Where a decision
has been made to terminate employees, the employer shall notify Centrelink
thereof as soon as possible, giving relevant information, including the number
and categories of the employees likely to be affected and the period over which
the terminations are intended to be carried out.
(vii) Department of Social Security Employment
Separation Certificate - The employer shall, upon request from an employee
whose employment has been terminated, provide to the employee an Employment
Separation Certificate in the form required by the Department of Social
Security.
(viii) Transfer to lower-paid duties - Where an
employee is transferred to lower-paid duties for reasons set out in paragraph
(i) of subclause (2), Introduction of Change, of this clause, 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 rate for the number of weeks of notice still owing.
(5) Severance
Pay -
(i) Where an employee is to be terminated
pursuant to subclause (4), Termination of Employment, subject to further order
of the Industrial Relations Commission of New South Wales, the employer shall pay
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) "Weeks pay" means the
all-purpose rate of pay 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 this award.
(ii) Incapacity to pay - Subject to an
application by the employer and further order of the Industrial Relations
Commission of New South Wales, an employer may pay a lesser amount (or no
amount) of severance pay than contained in subclause (i) of this clause.
The Industrial Relations
Commission of New South Wales shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the probable
effect of paying the amount of severance pay in subclause (i) of this clause
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
subclause (i) if the employer obtains acceptable alternative employment for an
employee.
(6) 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 agreement, taken as a whole, between the union and any employer
bound by this award.
15. Mixed Functions
Any employee called upon to do work of a higher
classification than that in which he/she is working shall, if so employed for
two hours or more be paid the rate for the higher classification for the whole
day, and if so employed for less than two hours shall be paid the higher rate
for the time actually worked in the higher classification.
16. Termination of Employment
(i) Except in the case of misconduct the
employment of an employee may be terminated by one week's notice on either side
or by payment or forfeiture (as the case may be) of one week's pay in lieu of
such notice; provided that for the first month of engagement employment may be
terminated by either side by a moment's notice.
(ii) Subject to the provisions of clause 11,
Holidays and Sundays, of this award, an employee whose employment is terminated
on the business day preceding a holiday or holidays, otherwise than for
misconduct, shall be paid for such holiday or holidays, but these provisions
shall not apply to an employee employed for two weeks or less.
(iii) Any employee who has been employed for
not less than one month, on leaving or being discharged shall, upon request, be
entitled to a statement in writing containing the date when the employment
began and the date of its termination. This statement shall be the property of
the employee and shall be returned to him/her, unnoted, by a subsequent
employer within seven days of the engagement.
17. Sick Leave
(i) All weekly employees shall, subject to
the production of a medical certificate or other evidence satisfactory to the
employer, be entitled to two weeks' sick leave each calendar year on full pay.
(ii) Sick leave shall accumulate from year to
year so long as the employment continues with the employer so that any part of
two weeks which has not been allowed in any year may be claimed by the employee
and shall be allowed by the employer, subject to the conditions prescribed in
subclause (i) of this clause, in a subsequent year of such continued
employment.
For the purpose
of this clause the term "year" shall mean a twelve-month period
commencing from the date of commencement of employment or the anniversary of
such date.
(iii) The payment for any absence on sick leave
in accordance with this clause during the first three months of employment of
an employee may be withheld by the employer until the employee completes such
three months of employment at which time the payment shall be made.
(iv) Service under the Van Sales Employees
(State) Award, in force from time to time, shall count as service for the purpose
of this clause.
18. Personal/Carer's Leave
(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 17 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 an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this paragraph:
1. 'relative'
means a person related by blood, marriage of affinity;
2. 'affinity' means a relationship that
one spouse because of marriage has to blood relatives of the other; and
3. 'household'
means a family group living in the same domestic dwelling.
(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 above, 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 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 date 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 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.
19. Bereavement Leave
(i) An employee, other than a casual
employee, shall be entitled to up to three days bereavement leave without
deduction of pay up to and including the day of the funeral on each occasion of
the death of a person prescribed in subclause (iii) of this clause
(ii) 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.
(iii) 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 18, 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.
(iv) 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.
(v) Bereavement leave may be taken in
conjunction with other leave available under subclauses (2), (3), (4), (5) and
(6) of the said clause 18. 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. Annual Leave
See Annual Holidays
Act 1944.
21. Annual Leave Loading
(i) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(ii) Before an employee is given and takes
his/her annual holiday or where, by agreement between the employer and the
employee, the annual holiday is given and taken in more than one separate
period, then before each of such separate periods the employer shall pay
his/her employee a loading determined in accordance with this clause. (NOTE:
The obligation to pay in advance does not apply where an employee takes annual
holidays wholly or partly in advance - see subclause (vii) of this clause).
(iii) The loading is payable in addition to the
pay for the period of holiday given and taken and due to the employee under the
Act.
(iv) The loading is to be calculated in
relation to any period of annual holiday under the Act (but excluding days added
to compensate for public or special holidays falling on an employee's rostered
day off not worked) or where such a holiday is given and taken in separate
periods, then in relation to each such separate period. (NOTE: See subclause
(vi) of this clause as to holidays taken wholly or partly in advance).
(v) The loading is the amount payable for
the period or the separate periods, as the case may be, stated in subclause
(iv) of this clause, at the rate per week of 17 1/2 per cent of the appropriate
ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
his annual holiday, but shall not include other allowances, penalty rates,
shift allowances, overtime rates or any other payments prescribed by this
award.
(vi) No loading is payable to an employee who
takes an annual holiday wholly or partly in advance; provided that, if the
employment of such an employee continues until the day when he/she would have
become entitled under the Act to an annual holiday, the loading then becomes
payable in respect of the period of such holiday and is to be calculated in
accordance with subclause (v) of this clause applying the rates of wages
payable on that day.
(vii) Where in accordance with the Act an
employer's establishment or part of it is temporarily closed down for the
purpose of giving an annual holiday or leave without pay to the employees
concerned -
(a) an employee who is entitled under the
Act to an annual holiday and who is given and takes such a holiday shall be
paid the loading calculated in accordance with subclause (v) of this clause;
(b) an employee who is not entitled under
the Act to an annual holiday and who is given and takes leave without pay shall
be paid in addition to the amount payable to him/her under the Act such
proportion of the loading that would have been payable to him under this clause
if he/she had become entitled to an annual holiday prior to the close-down as
his/her qualifying period of employment in completed weeks bears to 52.
(viii) (a) When
the employment of an employee is terminated for a cause other than misconduct
and at the time of the termination the employee has not been given and has not
taken the whole of an annual holiday to which he/she has become entitled he/she
shall be paid a loading calculated in accordance with subclause (v) of this
clause for the period not taken.
(b) Except as provided by paragraph (a) of
this subclause no loading is payable on the termination of an employee's employment.
22. Union Delegates
(i) An employee appointed union delegate in
the shop or department in which he/she is employed shall, upon notification
thereof to his/her employer, be recognised as the accredited representative of
the Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle
and Northern, New South Wales or the Shop, Distributive and Allied Employees'
Association, New South Wales. An
accredited union delegate shall be allowed the necessary time during working
hours to interview the employer or his/her representative on matters affecting
employees whom he/she represents.
(ii) Subject to the prior approval of the
employer an accredited union delegate shall be allowed at a place designated by
the employer a reasonable period of time during working hours to interview a
duly accredited union official of the Shop Assistants and Warehouse Employees'
Federation of Australia, Newcastle and Northern, New South Wales or the Shop,
Distributive and Allied Employees Association, New South Wales on legitimate
union business.
23. Notice Board
An employer shall erect in a prominent position on his/her
premises a notice board of reasonable dimensions or a number of such notice boards
of reasonable dimensions in the circumstances upon which an accredited
representative of a union bound by this award shall be permitted to post formal
union notices signed by the Secretary or other officials of the union concerned
or by the representative posting them.
Any notice posted on the board not so signed may be removed by an
accredited representative of the union or by the employer.
24. Transfer of Employees
(i) When an employee is required to report
for work at a place other than his usual place of work he/she shall be paid all
fares reasonably incurred in excess of those he/she normally would incur
attending at his/her usual place of work and returning home, and shall be paid
all travelling time in excess of that taken to reach his/her usual place of
work and returning home.
(ii) Travelling
time shall be paid for at ordinary rates of pay.
(iii) The foregoing subclauses shall apply only
to an employee temporarily transferred from his/her usual place of work. A temporary transfer shall mean periods of
employment at places other than the usual place of work up to a maximum of
three consecutive weeks.
(iv) An employee transferred from working
place to working place during ordinary working hours shall be paid the time
spent in travelling as for time worked and shall receive reimbursement of fares
incurred in such transfer.
(v) Where the transfer involves an employee
being absent from his/her normal place of abode he/she shall be reimbursed for
reasonable expenses incurred for accommodation together with first-class fares
to and from the place of transfer.
25. First-Aid Kit
(i) An employer shall provide a first-aid
outfit, which shall be under the control of the owner or manager or other
appointed person.
(ii) First Aid Allowance - an employee who is
appointed as a first-aid attendant shall be paid an additional payment as set
out in Item 4 of Table 2 Part B.
26. Conditions
(i) In any warehouse where an employee
wears a uniform, cap, coat, overall or other uniform dress or protective clothing,
the same shall be provided by the employer and shall be laundered by the
employer at the employer's expense provided that where by mutual agreement the
laundering is done by the employee, or the employer having refused, neglected
or failed to launder the article and the laundering is done by the employee,
the employee shall be paid an amount set out in Item 5 Table 2 Part B, except
in cases where the articles are made of nylon or other similar material which
does not require ironing, in which case the allowance shall be as set out in
Item 6 Table 2 Part B. Employees
handling building material and the like shall be supplied with a dustcoat at
the employer's expense, which also shall be laundered at the employer's
expense.
(ii) Employees required to load or unload
vehicles shall be provided with suitable protective clothing. Such clothing
shall include adequate provision of wet weather protective clothing.
(iii) Employees shall not be required to wash floors,
sweep pavements, clean lavatories or clean the exterior of windows, other than
for the purposes of removing occasional defacements.
27. Locomotion
When an employee agrees to use their own vehicle for the
employer's business, the employee shall be paid for the use of their own
vehicle at the rate set out in Item 7, Table 2, Part B.
28. Rest Pause
Each employee shall be allowed a rest pause of ten minutes
either in the morning or in the afternoon, Monday to Friday inclusive, at a
time indicated by the employer.
29. Proportion
The proportion of juniors to seniors shall not be more than
one junior to one senior plus an additional junior in any one warehouse.
30. Long Service Leave
See Long Service Leave
Act 1955.
31. Right of Entry
See section 298 of the Industrial
Relations Act 1996.
32. Jury Service
An employee shall be allowed leave of absence during any
period when required to attend for jury service. During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee's award rate
of pay as if working. An employee shall
be required to produce to the employer proof of jury service fees received and
proof of requirement to attend and attendance on jury service and shall give the
employer notice of such requirements as soon as practicable after receiving
notification to attend for jury service.
33. Parental Leave
See Part 4 - Parental Leave, Division 1 of the Industrial Relations Act 1996.
34. Disputes Procedures
Any dispute arising out of employment shall be referred by
the Union Delegate to the company representative appointed for this purpose.
Failing settlement at this level between the Company and the
Union Delegate on the job the Union Delegate shall refer the dispute within 24
hours to the Union Organiser who will take the matter up with the company.
All efforts shall be made by the Company and the Union
Organiser to settle the matter but failing settlement the Union Organiser shall
refer the dispute to the Union Secretary and the Company shall refer the
dispute to its Employer Association.
The Union Secretary shall then take the matter up with the Employer
Association.
During the discussions the status quo shall remain and work
shall proceed normally. "Status
quo" shall mean the situation existing immediately prior to the dispute of
the matter giving rise to the dispute.
At any time either party shall have the right to notify the
dispute to the Industrial Registrar.
35. 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.
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.
36. Leave Reserved
(i) Leave is
reserved to the parties to apply at any time in respect of the following:
(a) Wages
(b) Blood Donor Leave
(c) Leave of Absence to attend Trade Union
training courses.
37. Flexibility of Work
An employer may direct an employee to carry out such duties
as are within the limits of the employee's skill, competence and training.
Employees shall take all reasonable steps to achieve
quality, accuracy and completion of any job or task assigned to the employee.
Employees shall not impose any restrictions or limitations
on a reasonable review of work methods or standard work times.
38. Commitment to Training and Careers
The parties acknowledge that varying degrees of training are
provided to employees in the industry, both via internal, on the job and
through external training providers.
The parties commit themselves to continuing such training as
is regarded by them as appropriate and improving training in cases where this
is required.
It is agreed that the parties will co-operate in ensuring
that appropriate training is available for all employees in the industry and
the parties agree to co-operate in encouraging both employers and employees to
avail themselves of the benefits to both from such training.
The parties are committed to encouraging young people to
view the industry as one, which has the capacity to provide them with an
interesting career as they progress not only through junior ranks but also as
adults.
The parties agree to continue discussions on issues raised
by the unions relating to training.
39. Enterprise Consultative Mechanism
At each enterprise there shall be established a consultative
mechanism and procedures appropriate to their size, structure and needs for
consultation and negotiation on matters effecting their efficiency and
productivity.
40. Occupational Superannuation
(i) Definitions
-
(a) "The Fund" - For the purpose
of this clause shall be a fund prescribed by and pursuant to subclause (ii),
Funds, herein.
(b) "Approved Fund" - Is a fund
approved in accordance with the Commonwealth Operational Standards for
Occupational Superannuation Fund(s).
(c) "Ordinary Time Earnings" -
Means the employee's award rate of pay as prescribed in clause 3, Wages, herein
including any overaward and/or merit payments, casual loadings, penalty rates
and/or shift loadings (but excluding overtime, commission and occasional bonus
payments).
(d) "Eligible Employee" - Means an
employee, whose work is governed by the industries and callings of Clause 42,
Area, Incidence and Duration herein, with four weeks continuous service with
the employer who works as a full-time employee, part-time employee or as an
adult casual employee (working regularly 12 hours or more per week). In this clause employee means eligible
employee.
(e) "Eligible Employer" - Means an
employer of eligible employees within New South Wales. In this clause employer
means eligible employer.
(ii) Funds - For the purpose of this clause,
the fund to which payments on a site shall be made shall be one of the
following funds:
(1) Retail Employees' Superannuation Trust
Pty Ltd (REST), constituted by a Deed made on 18 September 1986.
(2) Australian Superannuation Savings
Employment Trust (ASSET), constituted by a Deed made on 14 October 1987.
(3) An "Approved Fund" applying to
an employer engaged in a mixed enterprise where more than seventy-five per cent
of employees are engaged in industries and callings other than those governed
by Clause 39, Area, Incidence and Duration, of this award; or
(4) Such other "Approved Fund" as
agreed by an employer on the one part and the Shop, Distributive and Allied
Employees' Association, New South Wales, and/or the Shop Assistants' and
Warehouse Employees' Federation of Australia, Newcastle and Northern, New South
Wales, on the other part.
(iii) Contributions
-
(a) An employer shall pay to the Trustees of
the Fund, in accordance with subclause (ii), Funds, hereof, an amount equal to
three per cent of the employees' weekly ordinary time earnings.
(b) Where an employee is absent, on leave
without pay, whether or not such leave is approved, no contribution from the
employer shall be due in respect of that employee, in respect of the period of
unpaid absence.
(c) When an employee provided for in
paragraph (d) of subclause (i), Definitions, hereof becomes an eligible
employee, the employer shall pay contributions for the qualifying period.
(d) Employees who may wish to make
contributions to the Fund additional to those being paid by the employer
pursuant to paragraph (a) shall be entitled to authorise the employer to pay
into the fund from the employee's wages amounts specified by the employee.
Employee
contributions to the Fund requested under this subclause shall be made in
accordance with the rules of the fund.
(iv) Frequency of Payment - Each employer
shall pay such contributions together with any employee deductions in accordance
with the requirement of the Trust Deed of the Fund.
(v) Pre-Existing
Arrangements -
(a) Nothing in this clause shall affect any
arrangement for the payment of 3% occupational superannuation into an approved
superannuation fund to which an employer prior to 20 March 1991 was making
contributions on behalf of employees; provided that such contributions were
intended to be, and are, in full satisfaction of the superannuation principle
adopted by the State Wage Case 1986, as varied from time to time by subsequent
State Wage Case decisions. Also
provided the employee is not disadvantaged by the Rules and Trust Deed of such
fund/s as compared to those of the REST and ASSET funds.
(vi) Failure of Employer to Participate in a
Fund - Where an employer has failed to make application to participate in the
approved fund, the employer shall make application to participate in such fund
and upon acceptance by the Trustees shall make an initial contribution to such
fund, in respect of each employee, equivalent to the contributions which would
have been payable under this clause, had the employer made application to
participate in such fund and been accepted by the Trustee prior to the
operation of this clause after which the employer shall then continue to make
payments as prescribed by this clause.
(vii) Failure of Employee to Participate in a
Fund - An employer shall not be liable to contribute on behalf of any employee
who refuses to sign any application form as required by the Trust Deed of the
approved fund. Such refusal shall be in
writing, notwithstanding that the employee can at any time apply to have
contributions commencing upon becoming a member of the fund. Provided further
that where an employee is a member of a union such union shall be notified of
the employee's refusal.
41. Enterprise Arrangements
a) The Industrial Relations Commission may
approve of enterprise arrangements reached in accordance with this principle
and the provisions of the Act.
b) Industrial unions of employees and
industrial unions of employers, or industrial unions of employees and
employers, or employees and employers may negotiate enterprise arrangements
which, subject to the following provisions, shall prevail over the provision of
any award or order of the Industrial Relations Commission that deals with the
same matters in so far as they purport to apply to parties bound the
arrangements, provided that where the arrangement is between employees and an
employer a majority of employees affected by the arrangement genuinely agree.
c) An enterprise arrangement shall be an
agreed arrangement for an enterprise, or discrete section of an enterprise,
being a business, undertaking or project, involving parties set out in
paragraph (b).
d) Enterprise arrangements shall be for a
fixed term and there shall be no further adjustments of wages or other
conditions of employment during this term other than where contained in the
arrangement itself. Subject to the
terms of the arrangement, however, such arrangement shall continue in force
until varied or rescinded in accordance with the Act.
e) For the purposes of seeking the
approval of the Industrial Relations Commission, and in accordance with the
provisions of the Act, a party shall file with the Industrial Registrar an
application to the Commission to either:
(i) vary an award in accordance with the
Act; or
(ii) make a new award in accordance with the
Act.
f) On a hearing for the approval of an
enterprise arrangement, the Industrial Relations Commission will consider in
addition to the industrial merits of the case under the State Wage Case
principles:
(i) ensuring the arrangement does not
involve a reduction in ordinary time earnings and does not depart from
Commission standards of hours of work, annual leave with pay or long service
leave with pay; and
(ii) whether the proposed award or variation
is consistent with the continuing implementation at enterprise level of
structural efficiency considerations.
g) The operative date for an enterprise
arrangement shall be no earlier than the date of approval by the Industrial
Relations Commission, except that the Industrial Relations Commission may
approve an earlier operative date to achieve consistency with the operative
date of an enterprise arrangement, which has earlier been approved by the
Australian Industrial Relations Commission.
h) Where parties to an enterprise
arrangement include employees covered by a federal award, an agreement covering
those employees may be submitted to the federal tribunal for approval.
i) The Industrial Relations Commission is
available to assist the parties to negotiations for an enterprise arrangement
by means of conciliation and, in accordance with these principles and the Act,
by means of arbitration. If any party
to such negotiations seeks arbitration of a matter relating to an enterprise
arrangement such arbitration shall be as a last resort.
j) Enterprise arrangements entered into
directly between employees and employers shall be processed as follows, subject
to the Industrial Relations Commission being satisfied in a particular case
that departure from these requirements is justified:
(i) All employees will be provided with the
current prescriptions (eg award, industrial agreement or enterprise agreement)
that apply at the place of work.
(ii) The arrangement shall be committed to
writing and signed by the employer, or the employer's duly authorised
representative, with whom agreement was reached.
(iii) Before any arrangement is signed and
processed in accordance with this principle, details of such arrangement shall
be forwarded in writing to the union or unions with members in that enterprise
affected by the changes and the employer association, if any, of which the employer
is a member.
(iv) A union or employer association may,
within 14 days thereof, notify the employer in writing of any objection to the
proposed arrangements, including the reasons for such objection and in such
circumstances the parties are to confer in an effort to resolve the issue.
(v) Where an arrangement is objected to by a
union or employer association and the objection is not resolved, an employer
may make application to the Industrial Relations Commission to vary an award or
create a new award to give effect to the arrangement.
(vi) A union and/or employer association shall
not unreasonably withhold consent to the arrangements agreed upon by the
parties.
(vii) If no party objects to the arrangement,
then a consent application shall be made to the Industrial Relations Commission
to have the matter approved in accordance with paragraph (e) of this principle.
(viii) Such arrangement once approved shall be displayed on a notice
board at each enterprise affected.
42. Area, Incidence and Duration
(a) This award shall apply to employees in
warehouses or by an employer in the premises occupied by him in or in
connection with the handling, reception, sale or delivery of goods by wholesale
in the State, excluding the County of Yancowinna, within the jurisdiction of
the Warehouse Employees (State) Industrial Committee.
(b) This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Warehouse Employees' -
General (State) Award published 3 November 1982 and reprinted 13 June 1984 and
further reprinted 11 October 1991 (265 IG 418), and all variations
thereof. It also rescinds and replaces
the Warehouse Employees' General Redundancy (State) Award, published 24
February 1995 (284 IG 166), and all variations thereof. It further rescinds and replaces the
Warehouse Employees' General Expense Related Allowances (State) Award published
25 March 1994 (278 IG 1164), and all variations thereof.
(c) The award published 3 November 1982 and
reprinted 13 June 1984 and further reprinted 11 October 1991 took effect from
the beginning of the first pay period to commence on or after 12 November 1981.
(d) The changes made to the award pursuant
to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Awards made by the Industrial Relations Commission of New South
Wales on 18 December 1998 (308 IG 307) take effect on 22 June 2001.
(e) The award remains in force until varied
or rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Wages
(i) Adult
Employees - From the first full pay period to commence on or after 12 July
2000:
|
Group No.
|
Classification
|
Former rate
Per Week
$
|
May 2000
SWC Per Week
$
|
Total rate
Per Week
$
|
|
1
|
Checker
|
409.70
|
15.00
|
424.70
|
|
2
|
Assembler
|
409.70
|
15.00
|
424.70
|
|
3
|
Replenisher/Stockhand
|
409.70
|
15.00
|
424.70
|
|
4
|
Sorter
|
409.70
|
15.00
|
424.70
|
|
5
|
Wrapper/Tier
|
409.70
|
15.00
|
424.70
|
|
6
|
Indoor Salesperson
|
409.70
|
15.00
|
424.70
|
|
7
|
Department Manager -
in charge of:
|
|
|
|
|
|
(i) from 1 to 4
assistants
|
424.30
|
15.00
|
439.30
|
|
|
(ii) from 5 to 12
assistants
|
432.70
|
15.00
|
447.70
|
|
|
(iii) from 13 to 25 assistants
|
441.60
|
15.00
|
456.60
|
|
|
(iv) over 25 assistants
|
446.30
|
15.00
|
461.30
|
From the first full pay period to
commence on or after 12 July 2001:
|
Group No.
|
Classification
|
Former rate
Per Week
$
|
May 2001
SWC
Per Week
$
|
Total rate
Per Week
$
|
|
1
|
Checker
|
424.70
|
13.00
|
437.70
|
|
2
|
Assembler
|
424.70
|
13.00
|
437.70
|
|
3
|
Replenisher/Stockhand
|
424.70
|
13.00
|
437.70
|
|
4
|
Sorter
|
424.70
|
13.00
|
437.70
|
|
5
|
Wrapper/Tier
|
424.70
|
13.00
|
437.70
|
|
6
|
Indoor Salesperson
|
424.70
|
13.00
|
437.70
|
|
7
|
Department Manager -
in charge of:
|
|
|
|
|
|
(i) from 1 to 4
assistants
|
439.30
|
13.00
|
452.30
|
|
|
(ii) from 5 to 12
assistants
|
447.70
|
13.00
|
460.70
|
|
|
(iii) from 13 to 25 assistants
|
456.60
|
13.00
|
469.60
|
|
|
(iv) over 25 assistants
|
461.30
|
13.00
|
474.30
|
(ii) Junior
Employees -
|
|
Percentage of
appropriate
|
|
|
adult rate per week
|
|
At 16 years of age and under
|
60
|
|
At 17 years of age
|
65
|
|
At 18 years of age
|
75
|
|
At 19 years of age
|
85
|
|
At 20 years of age
|
100
|
Table 2 - Other Rates and Allowances
The amounts for Items 3, 5 and 6 are operative from the first
full pay period to commence on or after 12 March 2001, the amount for Item 7 is
operative from the first full pay period to commence on or after 22 June 2001
and the amounts for Items 1, 2 and 4 are operative from the first full pay
period to commence on or after 12 July 2000:
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
3(v)
|
Allowance for Section Head
|
7.70 per week
|
|
2
|
3(vi)
|
Qualified Parts Sales Employee
|
13.50 per week
|
|
3
|
10
|
Meal Allowance
|
9.10
|
|
4
|
25(ii)
|
First-aid
|
1.72 per day
|
|
5
|
26(i)
|
Laundry allowance - ironing required
|
7.80 per week
|
|
6
|
26(i)
|
Laundry allowance - ironing not required
|
4.70 per week
|
|
7
|
27
|
Use of employee vehicle
|
$0.50 per km
|
The amounts for Items 3, 5 and 6 are operative from the
first full pay period to commence on or after 12 March 2001, the amount for
Item 7 is operative from the first full pay period to commence on or after 22
June 2001 and the amounts for Items 1, 2 and 4 are operative from the first
full pay period to commence on or after 12 July 2001:
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
3(v)
|
Allowance for Section Head
|
7.90 per week
|
|
2
|
3(vi)
|
Qualified Parts Sales Employee
|
13.90 per week
|
|
3
|
10
|
Meal Allowance
|
9.10
|
|
4
|
25(ii)
|
First-aid
|
1.78 per day
|
|
5
|
26(i)
|
Laundry allowance - ironing required
|
7.80 per week
|
|
6
|
26(i)
|
Laundry allowance - ironing not required
|
4.70 per week
|
|
7
|
27
|
Use of employee vehicle
|
$0.50 per km
|
T. M. KAVANAGH J
WAREHOUSE EMPLOYEES (STATE) INDUSTRIAL COMMITTEE
Industries and Callings
Employees engaged in or in connection with the handling, reception,
sale or delivery of goods by wholesale, who are employed in warehouses, or by
any employer in the premises, including wholesale markets, occupied by the
employer, and also van sales employees within the State, excluding the County
of Yancowinna, but excluding also employees in wholesale markets within the
County of Yancowinna, the County of Northumberland, the Parish of Stockton, and
the Municipality of Raymond Terrace;
excepting -
Employees
in drug warehouses;
Sorters
and assemblers in wholesale grocery warehouses;
Storemen
and packers;
Watchpersons,
caretakers, cleaners, lift attendants and porters;
Clerks;
Carters,
grooms, stablepersons, yardpersons and drivers of motor and other
power-propelled vehicles;
Persons engaged
in handling and putting up of honey, butter, cheese and junket tablets;
Persons
within the jurisdiction of the Models and Mannequins (State) Industrial
Committee;
Persons
employed in wholesale meat depots;
and excepting employees within the jurisdiction of the
following Industrial Committees -
Fish,
Wholesale Marketing (State);
Special
Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);
Tubemakers
of Australia Limited, Newcastle;
Watchmen
and Gatekeepers (Waterfront);
Wholesale
Fruit and Vegetable Employees (State);
Shortland
County Council;
John
Lysaght (Australia) Limited Newcastle;
John
Lysaght (Australia) Limited Port Kembla;
John
Lysaght (Australia) Limited Unanderra;
Cement
Workers, & c. (State);
and excepting employees of -
Australian
Wire Industries Pty Ltd at its Newcastle Wiremill;
Broken
Hill Proprietary Company Limited at Newcastle;
Australian
Wire Industries Pty Ltd at its Sydney Wiremill;
Australian
Iron and Steel Proprietary Limited.
____________________
Printed by the authority of the Industrial Registrar.