DRY CLEANING (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice
of award review pursuant to section 19 of the Industrial Relations Act 1996 and another
matter.
(Nos. IRC 4970
of 1999 and 4531 of 2001)
Before the Honourable Justice Walton,
Vice-President
|
21 August 2001
|
The Honourable Justice Marks
|
|
Commissioner Tabbaa
|
|
REVIEWED AWARD
1. AWARD TITLE
This award will be known as the Dry Cleaning (State) Award.
2. ARRANGEMENT
This award is arranged as follows:
1.
|
Award title
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2.
|
Arrangement
|
3.
|
Definitions
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4.
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Index Of Facilitative Provisions
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5.
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Anti-Discrimination
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6.
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Enterprise Flexibility Provision
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7.
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Dispute Settlement Procedure
|
8.
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Types of Employment
|
9.
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Supported Wage
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10.
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Payment by Results
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11.
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Termination Of Employment
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12.
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Redundancy
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13.
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Superannuation
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14.
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Rates Of Pay
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15.
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Mixed Functions
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16.
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Payment Of Wages
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17.
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Allowances
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18.
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Hours Of Work
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19.
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Overtime
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20.
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Annual Leave
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21.
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Personal Carers Leave
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22.
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Sick Leave
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23.
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Bereavement Leave
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24.
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Parental Leave
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25.
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Public Holidays
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26.
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Jury Service
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27.
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Relationship To National Training Wage Award
1994
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28.
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Accident Pay
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29.
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Posting Of Award
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30.
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Amenities
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31.
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First Aid and Ambulance Chest
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32.
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Long Service Leave
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33.
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Right of Entry
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34.
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Area Incidence and Duration
|
Appendix A - Outwork
Part
B - Monetary Rates
Table 1
|
Rates of Pay
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Table 2
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Other Rates and Allowances
|
3. DEFINITIONS
3.1 Dry cleaning means the trade of dry
cleaning and will cover the cleaning, spotting and finishing of garments and materials
and the maintenance of plant and equipment.
3.1.1 For the purposes of the definition of dry cleaning:
(a) Cleaning means all operations in
relation to dry cleaning which will include the classification of garments, the
application of distillation, filtration, tumbling and pre-spotting techniques
and the after treatment of garments and materials.
(b) Spotting means the application of the
techniques of pre-spotting, stain removal by chemical application, wet
cleaning, steam gun operation, the drying of garments and materials, the
classification of garments and fibre identification.
(c) Finishing means the application of all types of machine and
hand pressing techniques.
(d) Plant and equipment means all cleaning,
finishing and steam raising equipment utilised in the cleaning and finishing of
garments.
3.2 Union means
the Textile Clothing and Footwear Union of New South Wales
3.3 Commission
means the Industrial Relations Commission of New South Wales.
4. INDEX
OF FACILITATIVE PROVISIONS
4.1 A facilitative provision provides that
the standard approach in an award provision may be departed from by agreement
between an individual employer and the Union and/or an employee, or the
majority of employees, in the enterprise or workplace concerned.
4.2 Facilitative
provisions in this award are contained in the following clauses:
Subject Matter
|
Clause Number
|
Part time Employees
|
8.2.2
|
Bonus or other Method of Payment by Results
|
10.2.6(d)
|
Hours of Work
|
18.3.1(e)
|
Overtime
|
19.4
|
Annual Leave
|
20.6.2
|
Public Holidays
|
25.3
|
5. ANTI-
DISCRIMINATION
5.1 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.
5.2 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.
5.3 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.
5.4 Nothing
in this clause is to be taken to affect:
5.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
5.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
5.4.3 any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
5.4.4 a party to this award from pursuing matters
of unlawful discrimination in any State or Federal jurisdiction.
5.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
NOTES:
Employers and employees may also be subject
to Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this 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. ENTERPRISE AGREEMENTS
See Part 2 of the Industrial
Relations Act 1996
7. DISPUTE SETTLEMENT PROCEDURE
7.1 The procedure for the resolution of
grievances and industrial disputation concerning matters arising or relating to
the terms of this award shall be in accordance with the following procedural
steps:
7.1.1 The employee is required to notify (in
writing or otherwise) the employer as to the substance of the grievance,
request a meeting with the employer for bilateral discussions and state the
remedies sought.
7.1.2 A grievance must initially be dealt with as
close to its source as possible, with gradual steps for further discussions and
resolutions at higher levels of authority.
7.1.3 Reasonable
time limits must be allowed for discussions at each level of authority.
7.1.4 At the conclusion of the discussions, the
employer must provide a response to the employee's grievance, if the matter has
not been resolved, including reasons for not implementing any proposed remedy.
7.1.5 Whilst
a procedure is being followed, normal work must continue.
7.1.6 The
employee may be represented by an industrial organisation of employees.
7.1.7 If the dispute is not resolved, the dispute
may then be notified to the Industrial Relations Commission of New South Wales.
7.2 Procedures
relating to disputes etc between employers and their employees:
7.2.1 A question, dispute or difficulty must
initially be dealt with as close to its source as possible, with gradual steps
for further discussion and resolution at higher levels of authority.
7.2.2 Reasonable
time limits must be allowed for discussion at each level of authority.
7.2.3 Whilst
a procedure is being followed, normal work must continue.
7.2.4 The employer may be represented by an
industrial organisation of employers and the employees may be represented by an
industrial organisation of employees for the purpose of each procedure.
7.2.5 If the dispute is not resolved, the dispute
may then be notified to the Industrial Relations Commission of New South Wales.
8. TYPES OF EMPLOYMENT
8.1 General
8.1.1 Employees under this award will be employed in one of the
following categories:
full-time employees; or
regular part-time employees; or
casual
employees.
8.1.2 At the time of engagement an employer will
inform each employee of the terms of their engagement and in particular whether
they are to be full-time, regular part-time or casual.
8.2 Regular
Part-time Employees
Persons may be employed as
part-time employees subject to the following terms and conditions:
8.2.1 Part-time employee for the purpose of this
subclause means an employee who is employed on a permanent basis less than 38
hours per week.
8.2.2 Part-time employees will be paid 1/38th of
the ordinary rate per hour for the work performed and will be entitled to sick
pay, annual leave, long service leave and payment for public holidays on a pro
rata basis in accordance with the hours worked in the performance of such
duties. Provided that:
(a) by agreement between the employee and
the employer, the employee will receive 20% extra in lieu of pro rata annual
leave, sick leave and public holidays; or
(b) where, for a period not exceeding two
months, the part-time employee genuinely works an irregular number of hours each
week, the employer may decide to pay such employee 20% extra in lieu of pro
rata annual leave, sick leave and public holidays.
8.2.3 Overtime
Part-time employees will be
employed within the ordinary spread of hours applicable to full-time employees who
may be employed in the same classifications. Where such part-time employees are
employed at a time outside these ordinary hours, the hourly rate (exclusive of
the 20% loading referred to in 8.2.2, if paid) will be increased by the
appropriate overtime penalty.
8.2.4 Time Work And Payment By Results
Part-time employees may be
employed on time work and payment by results work in accordance with the
following provisions.
(a) Time workers, will be paid for each hour
worked at the rate of at least 1/38th of the minimum weekly wage prescribed by
this award for the class of work performed by them.
(b) Payment by results workers will be paid
at the appropriate payment by results rate payable under this award.
(c) Provided that:
(i) no part time employee will be paid less
than the minimum weekly wage as is proportionate to the time worked by them.
(ii) no part time employee will be employed
both on time work and payment by results work in any week.
8.2.5 Payment Or Deduction Of Payment In Lieu Of Notice, Annual Leave
And Severance Pay
The payment or deduction of
payment in lieu of notice, the entitlement to annual leave and severance pay
pursuant to clause 12 - Redundancy, will be calculated on a proportionate
basis. The basis for this calculation will be the average weekly number of
hours worked by the employee during the preceding 12 months or if there is not
a 12 month period of employment then the average of the actual hours worked
during the period of employment.
8.2.6 Public Holidays
A part-time employee will only be
entitled to payment for a public holiday for the number of hours he/she would
have otherwise been rostered to work had the day been an ordinary working day
for that employee.
8.2.7 Sick Leave
A part-time employee will be
entitled to sick leave in accordance with 22, but will be paid only on a
proportionate basis.
8.2.8 Attendance For Duty
A part-time
employee will not be required to attend for duty more than once on any one day.
8.2.9 Provisions Of Award
All other provisions
of this award will apply to part-time employees.
8.3 Casual
Employment
8.3.1 (a) A casual employee for the purpose of this subclause will
mean an employee who is engaged in relieving work or work of a casual nature
and who is engaged and paid by the hour, but does not include an employee who
could properly be classified as a full-time or part-time employee.
(b) Casual employees must be paid as
follows:
(i) If on time work - 1/38th of the
ordinary rate for the class of work performed plus 20%.
(ii) If on any system of payment by results - the appropriate rate
plus 20%.
8.3.2 A casual employee will not be entitled to any pro rata annual
leave, sick leave or public holidays.
8.3.3 Any time worked by casual employees in
excess of the daily limitations prescribed for weekly employees in clause 18 -
Hours of work, or in excess of 38 hours per week will be paid for at the rate
of time and a half for the first three hours and double time thereafter.
8.3.4 A casual employee will not be required to attend for duty more
than once on any one day.
9. SUPPORTED WAGE SYSTEM
9.1 Workers
Eligible For A Supported Wage
9.2 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:
9.2.1 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.
9.2.2 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.
9.2.3 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.
9.2.4 Assessment instrument 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.
9.3 Eligibility
Criteria
9.3.1 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.
9.3.2 This 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.
9.3.3 The clause does not apply to employers in
respect of their facility, programme, 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 s.10 or s.12A
of the Disability Services Act, or if a part only has received recognition,
that part.
9.4 Supported
Wage Rates
9.4.1 Employees to whom this clause applies will
be paid the applicable 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:
Assessed
Capacity(12.5.4)
|
% of Prescribed
Award Rate
|
10%
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
9.4.2 The minimum amount payable will be not less than $53 per week.
9.4.3 *Where a person's assessed capacity is 10%,
they will receive a high degree of assistance and support.
9.5 Assessment
of Capacity
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:
9.5.1 the employer and a union party to the
award, in consultation with the employee or, if desired by any of these;
9.5.2 the employer and an accredited Assessor
from a panel agreed by the parties to the award and the employee.
9.6 Lodgement of
Assessment Instrument
9.6.1 All assessment instruments under the
conditions of this clause, including the appropriate percentage of the award wage
to be paid to the employee, will be lodged by the employer with the Registrar
of the Australian Industrial Relations Commission.
9.6.2 All assessment instruments will be agreed
and signed by the parties to the assessment. Where a union which is party to
the award, is not a party to the assessment, it will be referred by the
Registrar to the union by certified mail and will take effect unless an
objection is notified to the Registrar within 10 working days.
9.7 Review Of
Assessment
9.7.1 The assessment of the applicable percentage
should be subject to annual review or earlier on the basis of a reasonable
request for such a review. The process of review will be in accordance with the
procedures for assessing capacity under the Supported Wage System.
9.7.2 Other Terms And Conditions Of Employment
9.7.3 Where an assessment has been made, the
applicable 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.
9.7.4 Workplace Adjustment
9.7.5 An employer wishing to employ a person
under the provisions of this clause will take reasonable steps to make changes
in the workplace to enhance the employee's capacity to do the job. Changes may
involve re-design of job duties, working time arrangements and work
organisation in consultation with other workers in the areas.
9.7.6 Trial Period
(a) 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 in
some cases additional work adjustment time (not exceeding 4 weeks) may be
needed.
(b) During that trial period the assessment
of capacity will be undertaken and the proposed wage rate for a continuing
employment relationship will be determined.
(c) The minimum amount payable to the
employee during the trial period will be no less than $53 per week.
(d) Work trials should include induction or
training as appropriate to the job being trialed.
(e) Where the employer and employee wish to
establish a continuing employment relationship following the completion of the
trial period, a further contract of employment will be entered into based on
the outcome of assessment under 8.5.3.
10. PAYMENT BY RESULTS
10.1 Task System
Where an employer introduces a
task system, the minimum task attracting the minimum rates provided for in this
award must be determined in a manner prescribed by this award, and must be made
known in writing to all employees to whom the task system applies, both
individually and collectively.
10.1.1 The task rate in respect to all garments or
other articles or parts of articles will be determined in the manner set out in
this subclause and may only be altered in the manner set out in this clause:
(a) Where there are fewer than 20 employees
involved in the work to be performed, the employer or his/her representative,
in conference with two employees chosen by and from such employees, must agree
the rates
(b) Where there are 20 or more employees
involved in the work to be performed the employer or his/her representative in
conference with three employees so chosen, must agree the rates
10.1.2 The task rates must be fixed so as to enable
the average worker to earn the minimum wage prescribed by this award for the
class of work to be performed; and any number of garments or parts of garments
or other articles or parts of articles made in excess of the minimum weekly
task fixed by the task rates for the minimum weekly wage must be paid for at
pro rata plus 10%.
10.1.3 When an employee is employed for less than a
week on the task rates, then the task of the said employees must be fixed at
pro rata the weekly rate.
10.1.4 Any excess number of garments or parts of
garments or other articles or parts of articles made in any day by the employee
are subject to the same pro rata payment as would apply if the employee were
engaged for the whole week.
10.1.5 Where employees work in a combination or team
the additional amount of wages must be distributed amongst the employees on a
percentage basis, according to the amount of their ordinary weekly wages. In
this clause, a combination or team means two or more persons working together
in the same class of work, employed on weekly wages where a task has been
imposed.
10.1.6 Where a task worker is available, ready and
willing to work during ordinary hours of duty prescribed by this award, and where
the employer does not provide work for the task worker, the employer must pay
the task worker at the appropriate weekly rate for the class of work the
employee normally performs. In the case of apprentices and improvers, the
employer must pay not less than the amount prescribed by this award for
apprentices or improvers of like experience.
10.2 Piece-Work
10.2.1 Subject to payment of the minimum weekly
wages prescribed by this award for employees in their respective classes, and
to the conditions set out in this subclause, an employer in conjunction with
his/her employees may fix piece-work rates. Such rates enable an employee of
average capacity working under like conditions to earn at least 10% more than
the minimum weekly wage in their respective classes. The same piecework rate
must be paid to all piece-workers doing the same operation in the factory or
workshop, including improvers or apprentices.
10.2.2 Where a piece-worker is available and ready
and willing to work during the ordinary working hours prescribed by this award,
and where the employer does not provide work for the employee, the employer
must pay the employer the appropriate weekly rate for the class of work the
employee normally performs. In the case of apprentices and improvers, the
employer must pay not less than the amount prescribed by this award for
apprentices or improvers of like experience.
10.2.3 The piece-work rate in respect of all
garments or parts of garments or other articles or parts of articles must be
determined in the following manner:
(a) Where there are 20 or more employees
involved in the work to be performed the employer or his/her representative, in
conference with three employees chosen by and from such employees must agree
the rates.
10.2.4 The employer must, within 24 hours of a new
piece rate scheduled being agreed, post and keep posted a signed and dated copy
of the schedules in a conspicuous place in each room of the workshop or factory
where such piece-work is being performed.
10.2.5 Adjustment of Piece-Work Rate
Piece-work rates must be adjusted
proportionate to any alterations in the weekly wage set out in 14.2.
10.2.6 Bonus Or Other Method of Payment by Results
(a) Subject to employees receiving at least
the appropriate minimum time rate provided by this award and subject to the
following provisions of this clause, an employer may remunerate his/her
employees under any individual or group bonus system or other system of payment
by results.
(b) The employer may adopt any form of bonus
system. Such system enables employees, who apply average skill and effort while
working under normal conditions, to earn at least 10% above appropriate
ordinary time rates.
(c) Before any such system is introduced, it must meet the
following requirements:
(i) where there are fewer than 20 employees
involved in the work to be performed, the system must be approved by two
employees chosen by and from such employees;
(ii) where there are 20 or more employees
involved in the work to be performed, the system must be approved by three
employees chosen by and from such employees.
(d) Where a bonus system is in operation, the
basis of such system must be reduced to writing. Where the union has at least
one member covered by the system, the employer must provide a copy of this
document on request, to the state secretary of the union, on a confidential
basis. The basis of payment under any such system must not be altered except
where warranted by change of circumstances, operations, methods or material or
to correct a demonstrable clerical error or by mutual agreement between the
employer and the majority of employees.
11. TERMINATION
OF EMPLOYMENT
11.1 Notice of
Termination by Employer
11.1.1 In order to terminate the employment of a
full-time or regular part-time employee the employer will give to the employee
the period of notice specified in the table below:
Period Of
Continuous Service
|
Period Of Notice
|
1 year or less
|
1 week
|
Over 1 year and up to the completion of 3 years
|
2 weeks
|
Over 3 years and up to the completion of 5 years
|
3 weeks
|
over 5 years
|
4 weeks
|
11.1.2 In addition to this notice, employees over 45
years of age at the time of the giving of the notice with not less than two years
continuous service are entitled to an additional week’s notice.
11.1.3 Payment in lieu of the notice will be made if
the appropriate notice period is not required to be worked. Employment may be
terminated by the employee working part of the required period of notice and by
the employer making payment for the remainder of the period of notice.
11.1.4 In calculating any payment in lieu of notice,
the wages an employee would have received in respect of the ordinary time they
would have worked during the period of notice had their employment not been
terminated will be used.
11.1.5 The period of notice in this clause will not
apply in the case of dismissal for conduct that justifies instant dismissal
including inefficiency within the first fourteen days, neglect of duty or
misconduct and in the case of casual employees, apprentices or employees
engaged for a specific period of time or for a specific task or tasks.
11.2 Notice of
Termination by An Employee
11.2.1 The notice of termination required to be
given by an employee is the same as that required of an employer, save and
except that there is no requirement on the employee to give additional notice
based on the age of the employee concerned.
11.2.2 If an employee fails to give notice the
employer has the right to withhold monies due to the employee to a maximum
amount equal to the ordinary time rate of pay for the period of notice.
11.3 Termination
Prior To A Holiday
11.3.1 Where an employer terminates the employment of
an employee within fourteen days of the day on which a holiday or holidays
occur, and the employee is re-employed within one month after the holiday/s,
the employee will be paid for the holiday/s as prescribed by clause 25 - Public
Holidays. An employee must be employed for at least one week prior to the
termination of employment.
11.3.2 Where an employee is terminated on or after
the last working day in November, or within fourteen working days prior to Good
Friday, the employee must be paid for the public holidays occurring during the
Christmas, New Year period and/or at Easter time. An employee must be employed
for a period of three months prior to the termination of employment.
11.4 Time Off
During Notice Period
Where an employer has given notice
of termination to an employee, an employee will be allowed up to one day’s time
off without loss of pay for the purpose of seeking other employment. The time
off will be taken at times that are convenient to the employee after
consultation with the employer.
12. REDUNDANCY
12.1 Application
12.1.1 This
clause shall apply in respect of full-time and part-time employees.
12.1.2 This clause shall only apply to employers who
employ 15 or more employees immediately prior to the termination of employment
of employees.
12.1.3 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.
12.1.4 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.
12.2 Introduction
of Change
12.2.1 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.
12.2.2 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 12.2.1, 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 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 (a) of this subclause.
(c) 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.
12.3 Redundancy
12.3.1 Discussions
before terminations:
(a) Where an employer has made a definite
decision that the employer no longer wishes the job he employee has been doing
to be done by anyone pursuant to 12.2.1 (a), 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 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 workers
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.
12.4 Termination
of Employment
12.4.1 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
"production", "programme", "organisation" or
"structure" in accordance with 12.2.1(a).
(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 over 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.
12.4.2 Notice
for Technological Change.
This subclause sets out the notice provisions
to be applied to terminations by the employer for reasons arising from
"technology" in accordance with 12.2.1(a):
(a) In order to terminate the employment of
an employee the employer shall give to the employee 3 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.
12.4.3 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.
12.4.4 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
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.
12.4.5 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.
12.4.6 Notice
to Centrelink
Where a decision has been made to terminate
employees, the employer shall notify the 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.
12.4.7 Centrelink
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 the Centrelink.
12.4.8 Transfer
to lower paid duties
Where an employee is transferred to lower
paid duties for reasons set out in 12.2.1 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.
12.5 Severance
Pay
12.5.1 Where an employee is to be terminated
pursuant to 12.4, subject to further order of the Industrial Relations
Commission, 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:
Under 45 Years of Age
|
Years of Service 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 old 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, over award payments, shift
penalties and allowances provided for in the relevant award.
12.5.2 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 12.5.1.
The Industrial Relations Commission shall
have regard to such financial and other resources of the employer concerned as
the Industrial Relations Commission thinks relevant, and the probable effect
paying the amount of severance pay in subclause 12.1 will have on the employer.
12.5.3 Alternative
employment
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 12.5.1 if the
employer obtains acceptable alternative employment for an employee.
12.6 Savings
Clause
Nothing in this award 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.
13. SUPERANNUATION
The subject of superannuation is dealt with
extensively by legislation including the Superannuation
Guarantee (Administration) Act 1995, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints)
Act 1993 (collectively the superannuation legislation). This legislation,
as varied from time to time, governs the superannuation rights and obligations
of the parties.
13.1 Definitions
13.1.1 The
Fund will mean the Australian Retirement Fund.
13.1.2 Ordinary
time earnings for the purposes of this clause, means:
(a) award
classification rate;
(b) any
regular over-award pay as well as casual rates received for ordinary hours of
work.
(c) shift loading - including weekend and
public holiday penalty rates earned by shift employees on normal rostered
shifts forming the ordinary hours of duty not when worked as overtime;
(d) the payment for work performed
exclusively and wholly during overtime hours as Saturday and Sunday.
(e) payment
by results earnings.
13.1.3 Ordinary time earnings does not include bonuses,
commission, payment for overtime or other extraordinary payment, remuneration
or allowances.
13.2 Employer
Contributions
13.2.1 In addition to other payments provided for
under this award, the employer will make a superannuation contribution to the
Fund on behalf of the eligible employees, of an amount equivalent to three
percent of the employee's ordinary time earnings.
13.2.2 A
respondent employer will contribute to the fund:
(a) monthly by the last day of the month
following the total of the weekly contribution amounts accruing in the previous
month in respect of each employee; or
(b) equivalent monthly contributions at such
other time and in such manner as may be agreed in writing between the Trustees
of a fund and the employer;
(c) Contributions will continue to be paid
in accordance with this clause during any period in respect of which an
employee is entitled to receive accident pay in accordance with clause 28 -
Accident pay.
13.2.3 The provisions of this clause do not exclude
the employer from their obligations under the Superannuation Guarantee (Administration) Act 1992 or the Superannuation Guarantee Charge Act 1992
as amended from time to time.
13.2.4 Subject to further order of the Commission,
respondent employers are only required to make contributions in accordance with
this 13.2.1 on behalf of employees who have been employed for a qualifying
period of eight continuous weeks. Once an employee has completed the qualifying
period, the employer's contributions must be paid from the date the employee
commenced employment.
13.3 Cessation
Of Contributions
The obligation of the employer to contribute
to the Fund in respect of an employee will cease on the last day of such
employees employment with the employer.
13.4 Voluntary
Employees Contributions
13.4.1 An employee may make contributions to the
fund in addition to those made by the respondent employer under 13.2.
13.4.2 An employee who wishes to make additional contributions
must authorise the respondent employer in writing to pay into the fund, from
the employee's wages, amounts specified by the employee in accordance with the
Fund Trust Deed and Rules.
13.4.3 An employer who received written
authorisation from the employee, must commence making payments into the fund on
behalf of the employee within fourteen days of receiving authorisation.
13.4.4 An employee may vary his/her additional
contributions by a written authorisation and the employer must alter the additional
contributions within fourteen days of receiving the authorisation.
13.4.5 Additional employees contributions to the
fund requested under this clause will be expressed in whole dollars.
13.4.6 Employees will have the right to adjust the
level of contributions made on their own behalf on the first of July each year.
By agreement with the respondent employer the employees may vary their
additional contribution at other times.
13.5 Exemptions
13.5.1 An employer must, in accordance with the
governing rules of the fund, make superannuation contributions to:
(a) the
Australian Retirement Fund.
(b) any
fund agreed between an employer and an employee.
13.5.2 If the employee is a member of the Union, the
employee may be represented by that union in meeting and conferring with the
employer about the matter and the employer must give the union a reasonable
opportunity to meet and confer about the matter. Note: the consent of the Union
is not required to any agreement between the employer and the employee.
13.5.3 Any agreement reached in accordance with
13.5.2 must be recorded in the time and wages records kept by the employer.
13.5.4 An employer is not required to contribute to
more than one fund in respect of an employee employed under this award.
13.6 Absence
from work
Subject to the governing rules of the fund,
the following provisions will apply:
13.6.1 Paid
leave
Contributions will continue whilst a member
of the fund is absent on paid annual leave, sick leave, long service leave, public
holidays, jury service, bereavement leave or other paid leave.
13.6.2 Work
related injury or illness
In the event of an employees absence from
work being due to work related injury or work related illness, contributions at
the normal rate will continue for the period of the absence, provided that:
(a) the member of the fund is receiving
workers’ compensation payments or is receiving regular payments directly from
the employer in accordance with statutory requirements or the provisions of
this award; and
(b) the
person remains an employee of the employer.
14. RATES
OF PAY
14.1 The classification of an adult employee
will not affect his/her obligations to perform such duties as his/her employer
may require from time to time providing such employee is skilled and competent
to perform such duties
14.2 Adult rates
of pay are as set out in Table 1 of Part B - Rates of Pay.
14.3 A person employed in any area of operation
of this award who is required to be solely accountable for all aspects of a
self contained dry cleaning establishment including the receiving of garments
and articles, the cleaning, spotting, pressing, packaging and dispatch of
garments and articles, the handling of monies, the keeping of records and
maintenance of the establishment will be paid at a rate not less than the rate
prescribed in Table 1 of Part B - Rates of Pay for group A.
14.4 The rates of pay in this award include the
adjustments payable under the State Wage Case 2001. These adjustments may be
offset against:
(1) any equivalent overaward payments; and/or
(2) award wage increases since 29 May 1991
other than safety net adjustments and minimum rates adjustments.
14.5 Junior
Employees
14.5.1 The minimum rates of wages to be paid to junior employees will be
as follows:
Age
|
Percentage of rate
per week for adult employees under classification - sorter of garments %
|
Under 16 years of age
|
50
|
16 years and under 17 years
|
55
|
17 years and under 18 years
|
65
|
18 years and under 19 years
|
75
|
19 years and under 20 years
|
85
|
20 years and under 21 years
|
93
|
14.5.2 The percentage wages will be calculated in
multiples of five cents, amounts of two cents or less being taken to the lower multiple
and amounts in excess of two cents being taken to the higher multiple.
14.5.3 Juniors Employed In A Receiving Depot
Notwithstanding anything contained
in this award, any junior working on his/her own and responsible for cash
transactions and/or in charge of a depot will be paid not less than the rate
prescribed for a junior 19 years and under 20 years plus an amount equivalent
to the difference between the rates of pay of a Receiver and Dispatcher
in-Charge and a Receiver and Dispatcher, that is between groups B and C in
clause 14 - Rates of Pay.
15. MIXED FUNCTIONS
15.1 An employee engaged for more than 4 hours
on one day on duties carrying a higher rate than his/her ordinary classification
will be paid the higher rate for such day. If for less than 4 hours the
employee will be paid the higher rate for the time so worked.
15.2 A higher paid employee will, when
necessary, temporarily relieve a lower paid employee without loss of pay.
16. PAYMENT OF WAGES
Employees will be paid all wages due to them in full during
the ordinary working hours not later than two working days following the
termination of the working week.
17. ALLOWANCES
17.1 Meal
Allowance
17.1.1 An employee required to work overtime for
more than one hour after the usual ceasing time or beyond 6.00 p.m. (whichever
is the later) on any day, Monday to Friday inclusive, will be reimbursed for
the purchase of a meal or paid a meal allowance as set out in item 1 of Table 2
- Other Rates and Allowances The provisions of this clause will not apply where
the employer provides the employee with a meal of equivalent value.
17.1.2 If the notice is given and overtime is not
worked (except as a result of a breakdown in machinery or plant) the meal money
prescribed above will be paid.
17.2 Protective
Clothing Allowance
Where any person is required to
work under wet or dirty conditions, the employees will be reimbursed for the
purchase of suitable protective clothing, including footwear. The provisions of
this clause do not apply where such clothing is supplied free of charge by the
employer to the employee concerned.
17.3 Uniforms
Allowance
17.3.1 Where the employer requires an employee to
wear any uniforms the employer must reimburse the employee for the cost of
purchasing such uniform. The provisions of this clause do not apply where the
uniform is paid for by the employer.
17.3.2 Where the employee is responsible for laundering
the uniform the employer must reimburse the employee for the demonstrated costs
of laundering it. The employer and the employee may agree on an arrangement
under which the employee will wash and iron the uniform for an agreed sum of
money to be paid by the employer to the employee each week.
17.4 Tools of
Trade Allowance
An employee will be reimbursed the
demonstrated cost of purchase for all tools of trade required in the
performance of the employee’s duties. The provisions of this clause will not
apply where the employer provides such tools of trade.
18. HOURS
OF WORK
18.1 Ordinary
Working Week
Unless otherwise specified in this
clause the ordinary hours of work will average 38 hours per week, worked in
accordance with 18.2.
18.2 Spread of
Hours
18.2.1 Ordinary hours will be worked between:
(a) 7.00 a.m. .and 7.00 p.m. - Monday to Friday;
(b) 7.00 a.m. and 9.00 p.m. on a prescribed
late night shopping night(s) in an area or locality covered by this award; and
(c) 7.00 a.m. and 5.00 p.m. on Saturday.
(d) The starting and finishing times of each
employee will be fixed by the employer and will not be altered, except in a
case of emergency, unless one week’s notice of the change has been given to the
employee.
(e) Any other starting or finishing times
may be agreed upon by the employer and the employee concerned.
18.2.2 An employer who requires employees in package
plants to work 38 ordinary hours in one week within 4 days, Monday to Friday
inclusive, will inform the employee at least 7 days prior to commencement of
that working week of the days upon which they are rostered to work and the days
on which they are rostered off. Where the regular late night shopping night(s)
is a public holiday(s) and another night(s) is nominated, the prescribed late
night shopping hours will apply.
18.2.3 Overtime
No employee will work more than 9
hours without payment of overtime in non-package plants and 10 hours without
payment of overtime in package plants.
18.2.4 Weekend and Late Night Penalties
Where any
ordinary hours of work are performed by a weekly employee:
(a) after 7.00 p.m. and before 9.00 p.m. on
a prescribed late night shopping night(s) in an area or locality covered by
this award and between 7.00 a.m. and 12.00 p.m. on a Saturday, an employer will
pay a penalty of 25% above the wage rate prescribed in clause 16 - Rates Of
Pay;
(b) between 12.00 p.m. and 5.00 p.m. on a
Saturday, an employer will pay to an employee a penalty of 50% above the wage
rate prescribed in clause 14 - Rates of Pay.
(c) Any employee who works on a Sunday shall
for that day be paid at the rate of double ordinary rates.
18.2.5 The usual working hours will be prominently displayed in each work
room or factory or depot.
18.3 Rostered Days
Off
18.3.1 Subject to the daily limitations prescribed
in 18.2, where the employer and a majority of employees agree, the hours of
work may be arranged by any one of the following methods:
(a) by working shorter hours on one or more days of each week;
(b) by fixing a day on which all employees will be off during a
particular work cycle;
(c) by rostering employees off on various days of the week during
a particular work cycle.
18.3.2 In circumstances where a rostered day off
applies, the starting and finishing times determined in accordance with 18.3.1
will constitute the ordinary hours of work. Any work performed outside or in
excess of those hours must be paid as overtime.
18.3.3 Where employees are entitled to a rostered
day or days off in accordance with 18.3.1(b) or 18.3.1(c), the employer must
notify employees not less than four weeks in advance of the weekday he/she is
to take off. Where an employee has not accumulated a full day’s entitlement
when a rostered day off occurs, the employee for that day will be paid for the
actual time accrued.
18.3.4 Where there is agreement between the employer
and the majority of employees, rostered days off may accumulate to a maximum of
four days which must be taken in one continuous period within one month of accrual.
18.3.5 Substitution of an employee’s rostered day off may occur in the
following circumstances:
(a) by agreement between the employer and
the majority of employees, in cases where there is a breakdown in machinery or
a failure or shortage of electric power, or to meet the requirements of the
business in the event of a rush of orders or some other emergency situation; or
(b) by agreement between the employer and an
individual employee that the rostered day off can be taken on another day.
18.4 Meal Break
18.4.1 An employee will be granted a meal break of
not less than thirty minutes which should be taken not later than five hours of
commencing duty.
18.4.2 Where it is not possible to take the meal
break on any day, the meal break will be treated as time worked and paid at the
rate for at the rate of time and one half of the ordinary weekly rate, until
released for a meal.
18.5 Rest Period
A rest period of ten minutes will
be allowed by an employer to all employees each day between the time of commencing
work and the usual meal break. A further rest period of ten minutes will be
allowed between the usual meal and the usual time of ceasing work.
18.6 Shift Work
Shifts may be worked by adult
employees at hours which are agreed upon by the employer and employee(s). An
employee employed on shift work other than day shift will be paid 15% more than
the prescribed rate of pay for the classification.
19. OVERTIME
All time worked by a weekly employee in excess of 38 hours
in a week or in excess of his/her normal number of daily hours or outside the
daily limits prescribed in clause 18 - Hours of Work will be paid for at the
rate of time and a half for the first three hours and double time thereafter.
Each day will stand alone for the purpose of calculating overtime and any
overtime worked on any day of the week will be paid for on a daily basis.
19.1 Reasonable
Overtime
An employer may require any
employee to work reasonable overtime at overtime rates and such employee will
work overtime in accordance with such requirements.
19.2 Overtime Meal
break
Notwithstanding anything contained
in this award, employees required to work for longer than one and a half hours
after the usual ceasing time will be allowed not less than 30 minutes meal
break. This provision will not apply to employees on any day where there is an
early ceasing time, unless a total of five and a half hours or more inclusive
of overtime is to be worked following the midday meal break.
19.3 Overtime Rest
period
An employee other than an employee
subject to 19.2 who is required to work overtime for more than one hour beyond
the ordinary ceasing time on any day, other than on a working day of less than
eight hours, will be entitled to a rest period of ten minutes paid for at the
appropriate rate.
19.4 Time Off In
Lieu
19.4.1 An
employer and an employee may agree that the employee will take time off in lieu
of payment for all or some overtime worked.
19.4.2 The agreement will:
(a) provide
for the time off in lieu of overtime to be taken in the normal working hours of
the employee;
(b) provide
for the time off to be taken to be calculated as "value time" i.e. if
an employee works for 1 hour at time and half penalty rates, he/she will be entitled
to take one and a half hours off in lieu;
(c) be in writing; and
(d) provide
for the time off in lieu of overtime to be taken within a period of 2 months of
the date on which the overtime is worked.
20. ANNUAL LEAVE
20.1 Period of
Leave
20.1.1 A full-time or part-time employee is entitled
to a period of twenty-eight consecutive days leave (i.e. 4 weeks) after 12
months continuous service (less the period of annual leave) with an employer.
Casual employees are not entitled to annual leave.
20.1.2 The annual leave will accrue at the rate of 2.923 for each 38
ordinary hours worked.
20.2 Payment for
Period of Leave
Subject to (annual close down),
employees before going on leave are to be paid the wages they would have
received in respect of the ordinary time they would have worked had they not
been on leave during the relevant period. This amount will be calculated as
follows:
20.2.1 Time Workers
(a) The wages paid must be worked out on the
basis of what the employee would have been paid under the award for working
ordinary hours during the period of leave during the relevant period including
any overaward payment.
(b) The employee is not entitled to payments
in respect of overtime, shift work or penalty rates.
20.2.2 Payment By Results
(a) In the case of employees employed under
any system of payment by results, the rate will be at the time workers rate.
Provided that they will be entitled to receive an additional payment based on
the average weekly incentive payment earned in excess of the appropriate award
wage for the classification concerned. The average will be calculated on the
previous twelve months' service for employees who have completed twelve months'
continuous service and in cases where employees have completed less than twelve
months' continuous service the average for the time so worked.
(b) The employee is not entitled to payments
in respect of overtime, shift work or penalty rates
20.2.3 Overaward Payments On Annual Leave
(a) An employee who is not working under an
incentive scheme based on production, and who is receiving a weekly over-award
payment will be entitled to receive the whole of such weekly over-award payment
for each week of annual leave to which he/she is entitled.
(b) All amounts paid in respect of overtime, shift work or
penalty rates will be excluded.
(c) The overaward payment will not apply
where the employee receives pro-rata payment in lieu of annual leave of
termination of employment with less than twelve month’s service, except where
(i) the employee has more than six months
service with an employer and is terminated for reasons other than for
misconduct
(ii) an employee terminates during the year
on account of personal illness, substantiated by a medical certificate
(iii) an employee terminates on the day that the factory closes down
for annual leave.
(d) Where an employee has accrued a full
entitlement to annual leave after qualifying twelve month period and his/her
employment ceases for any reason before the whole or any part of such leave
entitlement has been taken, the weekly over-award payment referred to in
20.2.3(a) and 20.2.3(b) will apply in respect to that full entitlement.
20.3 Loading on
Annual Leave
20.3.1 During a period of annual leave an employee will
receive a loading calculated on the rate of wage prescribed by clause 16.
20.3.2 An employee employed on day work or shift work will receive the
loading will be 17½%.
20.3.3 The loading prescribed by this subclause does not apply to
proportionate leave on termination.
20.4 Calculation
of Continuous Service
20.4.1 Except for the following, any absences from
work are not to be taken into account and will not count as time worked in
calculating the leave entitlement:
(a) any interruption or termination of the
employment by the employer which has been made with the intention of avoiding
obligations under this clause;
(b) any absence from work on account of
personal sickness or accident or on account of leave granted by the employer or
absence due to long service leave; or
(c) any absence with reasonable cause, proof of which will be
upon the employee.
20.4.2 Any absence with reasonable cause (proof of
which will be upon the employee) which does not count as time worked in
calculating the leave entitlement does not break continuity of service for the
purpose of this award.
20.5 Public
Holidays falling during Annual Leave
20.5.1 If any public holiday prescribed by clause 25
- Public Holidays falls within an employee's period of annual leave and is observed
on a day which in the case of that employee would have been an ordinary working
day, there must be added to the period of annual leave time equivalent to the
ordinary time which the employee would have worked if such day had not been a
holiday.
20.5.2 Where a holiday or holidays fall in a period
of annual leave and the employee without reasonable excuse is absent from
his/her employment on the working day prior to the commencement of his/her
annual leave, or fails to resume work at the ordinary starting time on the
working day immediately following the last day of the period of the employee's
annual leave, the employee will not be entitled to payment for the public
holidays.
20.6 Annual Leave
To Be Taken In One Or More Continuous Periods
20.6.1 Annual leave will be given and taken in one or two continuous
periods.
20.6.2 If the employer and an employee so agree, the
annual leave entitlement may be taken in more than two period.
20.7 Leave To Be
Taken
The annual leave provided for by
this clause must be taken and except as provided by sub clauses (proportionate
leave) and (annual close down), payment will not be made or accepted in lieu of
annual leave.
20.8 Time of
Taking Leave
Annual leave will be given at a
time fixed by the employer within a period not exceeding three months from the
date when the right to annual leave accrued and after not less than one months’
notice to the employee.
20.9 Leave Allowed
before Due Date
20.9.1 An employer may allow an employee to take
annual leave either wholly or partly in advance before the leave becomes due.
In such case a further period of annual leave will not commence to accrue until
after the expiration of the twelve months in respect of which the annual leave
or part of it had been taken before it accrued.
20.9.2 Where annual leave or part of it has been
granted before the leave is due, and the employee subsequently leaves or is
discharged from the service of the employer before completing the twelve
months' continuous service in respect of which the leave was granted, and the
amount paid by the employer to the employee for the annual leave or part so
taken in advance exceeds the amount which the employer is required to pay to
the employee under subclause 20.11, the employer will not be liable to make any
payment to the employee under subclause 20.11 and is entitled to deduct the
amount of excess from any remuneration payable to the employee upon the
termination of employment.
20.10 Proportionate
Leave on Termination
An employee other than a casual
who after one month's continuous service in any qualifying twelve monthly
period with an employer lawfully leaves the employment of the employer or is
terminated by the employer will be paid 2.923 hours for each 38 ordinary hours
worked at the appropriate rate of wage calculated in accordance with 20.2.
20.11 Annual Close
Down
Where an employer closes down the
enterprise, or part of it, for the purpose of allowing annual leave to all or
the majority of the employees in the enterprise or part of it, the following
will apply:
20.11.1 The employer may, by giving not
less than one month's notice of the intention to do so, stand off for the
duration of the close-down all employees in the enterprise or part of it
concerned and allow to those who are not then qualified for a full entitlement
to annual leave for twelve months' continuous service paid leave on a
proportionate basis at the appropriate rate of wage as prescribed by 20.2 and
20.3 for 2.923 hours for each 38 ordinary hours worked.
20.11.2 An employee who has then qualified
for a full entitlement to annual leave for twelve months' continuous service
and has also completed a further week or more of continuous service will be
allowed leave, and will subject to 20.6, also be paid for 2.923 hours in
respect of each 38 ordinary hours worked service since the close of the
employee’s last twelve month qualifying period.
20.11.3 The next twelve monthly qualifying
period for each employee affected by such close down will commence from the day
on which the enterprise or part of it concerned is re-opened for work. All time
during which an employee is stood off without pay for the purposes of this
subclause is deemed to be time of service in the next twelve monthly qualifying
period.
20.11.4 An employer may close down the
enterprise or part of it for one or two separate periods for the purpose of
granting annual leave.
20.11.5 An employer may close down the
enterprise or part of it in three separate periods. Provided that:
(a) at least a 75% majority of the employees
in the enterprise or part of it concerned agree with the employer to do so and
the date upon which the third closure will be made;
(b) that the employees concerned be given at
least one month's notice of the proposed closure; and
(c) that the longest of the three periods of
leave will be at least twelve working days exclusive of public holidays
prescribed by this award.
21. PERSONAL CARER'S LEAVE
21.1 Use
of Sick Leave
21.1.1 An employee, other than a casual employee,
with responsibilities in relation to a class of person set out in 21.1.3(b),
who needs the employee's care and support, shall be entitled to use, in
accordance with this subclause, any current or accrued sick leave entitlement,
provided for in clause 22, Sick Leave, for absences to provide care and support
for such persons when they are ill. Such leave may be taken for part of a
single day.
21.1.2 The employee shall, if required, establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person. In normal circumstances, an employee must not take carer's
leave under this subclause where another person has taken leave to care for the
same person.
21.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the
employee being responsible for the care of the person concerned; and
(b) the
person concerned being:
(i) a
spouse of the employee; or
(ii) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(iii) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(iv) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(v) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
(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.
(3) "household"
means a family group living in the same domestic dwelling.
21.1.4 An employee shall, wherever practicable, give
the employer notice prior to the absence of the intention to take leave, the
name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
21.2 Unpaid
Leave for Family Purpose
21.2.1 An employee may elect, with the consent of
the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in 21.1.3(b) who is ill.
21.3 Annual
Leave
21.3.1 An employee may elect with the consent of the
employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
21.3.2 Access to annual leave, as prescribed in
21.1, shall be exclusive of any shutdown period provided for elsewhere under
this award.
21.3.3 An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences, until at
least five consecutive annual leave days are taken.
21.4 Time
Off in Lieu of Payment for Overtime
21.4.1 An employee may elect, with the consent of
the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
21.4.2 Overtime taken as time off during ordinary
time hours shall be taken at the ordinary time rate, that is an hour for each
hour worked.
21.4.3 If, having elected to take time as leave in
accordance with 21.1, 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.
21.4.4 Where no election is made in accordance with
21.1, the employee shall be paid overtime rates in accordance with the award.
21.5 Make-up
Time
21.5.1 An employee may elect, with the consent of
the employer, to work "make-up time", under which the employee takes
time off ordinary hours, and works those hours at a later time, during the
spread of ordinary hours provided in the award, at the ordinary rate of pay.
21.5.2 An employee on shift work may elect, with the
consent of the employer, to work "make-up time" (under which the
employee takes time off ordinary hours and works those hours at a later time),
at the shift work rate which would have been applicable to the hours taken off.
21.6 Rostered
Days Off
21.6.1 An
employee may elect, with the consent of the employer, to take a rostered day
off at any time.
21.6.2 An employee may elect, with the consent of
the employer, to take rostered days off in part day amounts.
21.6.3 An employee may elect, with the consent of
the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or the employer.
21.6.4 This subclause is subject to the employer
informing each union which is both party to the award and which has members
employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
22. SICK
LEAVE
22.1 Sick Leave
22.1.1 Definition
Sick leave is leave to which an
employee other than a casual is entitled without loss of pay because of his/her
personal illness or injury.
22.1.2 Entitlement
(a) An employee will be entitled to paid
leave of absence of not more than 38 hours of working time during his/her first
year of service. The amount of sick leave an employee depends on how long
he/she has worked for the employer and accrues as follows:
Length Of Time Worked For The Employer (Hours)
|
Rate Of Accrual Of Paid Sick Leave
|
Less than 1 month
|
16
|
at the end of the first month
|
23.6 hours
|
at the end of the second month
|
an additional 31.2 hours
|
at the end of the third month
|
an additional 31.2 hours
|
Each year thereafter
|
64 hours
|
(b) Personal leave may accumulate to a maximum of 640 hours.
(c) Service before the date of the
commencement of this clause will be counted as service for the purpose of
qualifying thereunder.
22.1.3 Employee Must Give Notice
(a) Before taking sick leave, an employee
will, within 48 hours, of the commencement of such absence, inform the employer
of the inability to attend for duty.
(b) As far as practicable the notice of absence must include:
the nature of the injury or
illness (if known); and
how long the employee expects to
be away from work.
22.1.4 Evidence Supporting Claim
The employee will prove to the
satisfaction of the employer that he/she was unable on account of such illness
or injury to attend for duty on the day or days for which sick leave is
claimed. For such purpose the employer may require the employee to make a
statutory declaration or present other reasonable evidence which is
satisfactory to the employer, justifying the absence.
22.1.5 The Effect Of Workers’ Compensation
If an employee is receiving
workers’ compensation payments, he/she is not entitled to sick leave.
23. BEREAVEMENT LEAVE
23.1 An employee, other than a casual employee,
shall be entitled to up to two 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 clause 23.3.
23.2 The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will provide
to the satisfaction of the employer proof of death.
23.3 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 clause 21.1.3(b), Personal Carers Leave,
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
23.4 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.
23.5 Bereavement leave may be taken in
conjunction with other leave available under clauses 21.2, 21.3, 21.4, 21.5,
and 21.6. In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
24. PARENTAL LEAVE
See Part 4 of Chapter 2 of the Industrial Relations Act 1996 (New South Wales)
25. PUBLIC HOLIDAYS
25.1 All employees, other than casuals, will be
entitled to the following holidays without loss of pay: New Years Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday, Anzac
Day, Queens Birthday, Labour Day, Christmas Day, and Boxing Day; or such other
day as is generally observed in the locality as a substitute for any of the
days respectively:
25.2 Where in New South Wales an additional
public holiday (other than Easter Saturday) is proclaimed or gazetted by the
authority of the State Government and such proclaimed or gazetted holiday is to
be observed generally by persons throughout the State or a locality thereof or
when such a proclaimed or gazetted day is, by any required judicial or
administrative order, to be so observed, then such day will be deemed to be a
holiday for the purposes of this award.
25.3 By agreement between any employer and the
majority of his/her employees other days may be substituted for a said day or
days or any of them as to that employer's undertaking.
25.4 Employees will be entitled to an
additional public holiday without loss of pay, to be observed as a holiday for
all purposes of the award.
25.5 No employee will be entitled to payment more
than once for the same holiday whilst working in the industry and will be in
breach of the award in accepting a double payment without informing the
employer in relation thereto.
25.6 Where an employee is absent from his/her
employment on the working day before or after a holiday without reasonable
excuse or without the employer's consent, the employee will not be entitled to
payment for such holiday.
25.7 Where an employee is rostered for duty on
four days of the week rather than five, Monday to Friday inclusive, or is
rostered for less than eight hours on any one of those days and for longer than
eight hours on the other days to make up 38 hours per week, then such an
employee will not be denied the full benefit of a public holiday falling on any
day Monday to Friday inclusive. In a case where, say, a holiday falls on Monday
and that day is not normally a full working day because of excess hours worked
on one or other week days the employee will be paid additional pay so as to be
equal with other employees in the amount of time actually worked in that
particular week.
25.8 An employee, other than a casual employee,
who works on Christmas Day, New Year's Day, or both, will be paid at the
appropriate holiday rate as provided in the award; and if such an employee also
works on the substitute day or days, he/she will be paid at the normal award
rate for work on this day or these days.
25.9 In addition to the benefit provided by
25.7, an employee who works on Christmas Day or New Year's Day will either be allowed
a substitute holiday at a time convenient to the employer or receive an extra
day's wages at ordinary rates.
25.10 Penalty Rates
for Public Holidays
25.10.1 Any weekly employee who works on
any holiday provided for in 25.1 will for all time worked on that day be paid
at the rate of double time and a half.
25.10.2 any employee working under any
system of payment by results who works on any holiday provided for in clause 25
- Public Holidays will for all time worked on that day be paid his/her ordinary
earnings under such system of payment by results and in addition an amount
calculated on the basis of time and a half of the ordinary rate for the class
of work being performed.
25.10.3 the minimum payment for work
performed on a public holiday will be as for four hours worked.
26. JURY SERVICE
26.1 An employee other than a casual employee
required to attend for jury service during their ordinary working hours will be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect of their attendance for such jury service and the amount of the
ordinary wage they would have received Monday to Friday in respect of the
ordinary time they would have worked had they not been on jury service.
26.2 An employee will notify the employer as
soon as possible for the date upon which they are required to attend for jury
service.
26.3 Further, the employee will give the
employer proof of attendance, the duration of such attendance and the amount
paid in respect of such jury service.
27. RELATIONSHIP TO NATIONAL TRAINING WAGE
AWARD 1994
27.1 A party to this award will comply with the
terms of the National Training Wage Award 1994 [Print N4816 [N0277CR] as
varied, as though bound by clause 3 of that award.
27.2 The
appropriate training rate of the National Training Wage Award will be Skill
Level A.
28. ACCIDENT PAY
28.1 Definitions
28.2 For
the purposes of this clause the following definitions will apply:
28.2.1 Accident Make-up Pay means a weekly payment
of an amount equal to the difference between the weekly amount of compensation
paid to an employee pursuant to the relevant legislation and the award rate to
which such employee is entitled, or, where the incapacity is for a lesser
period than one week, the difference between the amount of compensation and the
award rate for that period.
28.2.2 Relevant Legislation will mean the Workers'
Compensation Act in the State such employee is employed, as varied from time to
time.
28.2.3 Injury will mean any injury occurring at the
place of employment, but otherwise will be given the same meaning and
application as applying under the respective legislation. No injury occurring
at the place of employment will result in the application of accident make-up
pay unless an entitlement exists under the relevant legislation.
28.2.4 Week(s) means any week in which accident make
up pay is paid even if a payment is only for part of a week
28.3 Entitlements
28.3.1 An employer will pay and an employee will be
entitled to receive accident make-up pay in accordance with this clause.
28.3.2 Accident pay will be paid for a maximum
period of 26 weeks in respect of any one injury or until the incapacity ceases
whichever event will first occur.
28.3.3 An employee will only be entitled to weekly
payments of accident make up pay whilst an employee remains employed by an
employer. An entitlement will continue subject to this clause where:
(a) the employee is employed by another
employer because suitable employment could not be provided by an employer; or
(b) the employee has been terminated on the
decision of an employer and the termination is not due to serious and/or wilful
misconduct; or
(c) the employee has been terminated and the
termination does not arise from the liquidation/bankruptcy of the employer.
Where a termination arises from a declaration of liquidation of the company the
employee's entitlement will be determined by the appropriate State legislation.
(d) If an employee on partial incapacity
cannot obtain suitable employment from his/her employer but such alternative
employment is available with another employer then the relevant amount of
accident pay will still be payable.
(e) In order to qualify for the continuance
of accident pay on termination an employee will if required provide evidence to
his/her employer of the continuing payment of weekly workers compensation
payments.
28.4 Application
Of Accident Make-Up Pay
28.4.1 Accident make-up pay is not payable in
respect of the first five normal working days of incapacity;
28.4.2 Accident make-up pay is not payable in
respect of any incapacity occurring during the first four weeks of employment
unless such incapacity continues beyond the first four weeks and then, accident
pay will apply only to the period of incapacity after the first four weeks;
28.4.3 Accident make-up pay is not payable where the
injury for which the employee is receiving weekly compensation payments is a
pre-existing injury which work has contributed to by way of recurrence,
aggravation, acceleration or deterioration and the employee deliberately or
knowingly failed to disclose the injury on engagement following a request to do
so by the employer in circumstances where the employee knew or ought to have
known about the nature of the injury;
28.4.4 Accident make-up pay is not payable where in
accordance with the relevant Act a medical practitioner provides a certificate
to an employer of an employee's fitness for work or specifies work for which an
employee has a capacity and such work is made available by the employer but not
commenced by the employee;
28.4.5 An employee will not be entitled to any
payment under this clause in respect of any period of paid annual leave or long
service leave or for any paid holiday.
28.5 Calculating
The Amount Of Accident Make Up Pay
28.5.1 The amount of weekly accident make-up pay
entitlement will comprise a weekly payment of an amount representing the
difference between,
(a) on the one hand, the total amount of
compensation paid to the employee during incapacity pursuant to the respective
Act for the week in question together with the average weekly amount the
employee is earning or is able to earn in some suitable employment or business
and,
(b) on the other hand, the total weekly award
rate and weekly overaward payment if any, being paid to such employee at the
date of the injury together with any variation in award rates which would have
been applicable to the classification of such employee for the week in question
if the employee had been performing his/her normal duties.
28.5.2 In making such calculation any payment for
overtime earnings, shift premiums attendance bonus, incentive earnings under
any system of payment by results, fares and travelling time allowances, penalty
rates and any other ancillary payments payable by the employer will not be
taken into account.
28.5.3 Where an employee receives accident pay and such
pay is payable for incapacity for part of a week the amount will be a direct
pro rata.
28.6 Changes
To The Compensation
Any changes in the rate of compensation due
to the operation of the respective legislation will not increase the amount of
accident make-up pay above the amount that would have been payable had the rate
of compensation remained unchanged.
28.7 Furnishing
Of Evidence
An employee who has suffered any injury for
which he/she is receiving payment or payments for incapacity in accordance with
the provisions of the respective Act will furnish evidence to the employer from
time to time as required by the employer of such payment and compliance with
this obligation will be a condition precedent to any entitlement under this
clause.
28.8 Medical
Examination
28.8.1 Nothing in this clause will in any way be
taken as restricting or removing the employer's rights under respective Act to
require the employee to submit themselves to examination by a legally qualified
medical practitioner, provided and paid by the employer or authorised
self-insurer as defined.
28.8.2 If he/she refuses to submit themselves to
such examination or in any way obstructs the same, his/her right to receive or
continue to receive accident pay will be suspended in like manner as his/her
right to compensation is suspended pursuant to the respective Act until such
examination has taken place.
28.8.3 Where in accordance with the respective Act a
medical referee gives a certificate as to the condition of the employee and his/her
fitness for work or specifies work for which the employee is fit and such work
is made available by the employer and refused by the employee or the employee
fails to commence the work, accident pay will cease from the date of such
refusal or failure to commence the work.
28.8.4 Where an employee refuses to conform to the
requirements in relation to medical examinations under the relevant Act.
28.8.5 Where a medical referee in accordance with
the relevant Act certifies that an employee is fit for work or specifies work
that the employee can perform, and the employer makes it available and the
employee refuses to do the work or fails to resume duty.
28.9 Transfer
To New Employer
Any employer taking over a business will be
responsible for the payment of accident pay to employees receiving same.
29. POSTING
OF AWARD
This award will be exhibited by each employer on his/her
premises in a place accessible to all employees.
30. AMENITIES
See Factories Shops
and Industries Act 1962.
31. FIRST-AID AND AMBULANCE
CHEST
See Factories, Shops
and Industries Act 1962.
32. LONG SERVICE LEAVE
See the Long Service
Leave Act 1955.
33. RIGHT OF ENTRY
See section 299 of the Industrial
Relations Act 1996.
34. AREA INCIDENCE AND
DURATION
34.1 This award
shall apply to dry cleaners, dyers, repairers and menders.
34.2 This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Dry Cleaning &c.
(State) Award published on 1 September 1976 and reprinted on 17 May 1991 (262
IG 625), and all variations thereof.
34.3 The award published 1 September 1976 took
effect from the beginning of the first pay period to commence on or after 1
January 1976 and the variations thereof incorporated herein on the dates set
out in the attached Schedule A.
34.4 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) are set out in the attached Schedule B and
take effect on 21 August 2001.
34.5 The award remains in force until varied or
rescinded, the period for which it was made having already expired
APPENDIX A - OUTWORK
A.1 An outworker means a person who works by
him or herself and is not employed in a workshop or factory.
A.2 An outworker will be paid at the rates
provided in this Award for the actual work performed and will be reimbursed
for, or provided with, all materials used in connection with their work at no
cost to the outworker.
A.3 An outworker will be paid annual leave and
public holidays. Such payment is to be on a pro-rata basis in proportion to the
amount that their aggregate earnings bears to the annual time rate earnings of
an indoor worker doing similar work, payable on an annual basis or on
termination of employment. Provided that such payment will not exceed the total
amount to which such indoor workers are entitled to annually.
A.4 The employer will deliver and/or collect
the work of an outdoor worker and the outdoor worker will not be charged for
such delivery and collection.
A.5 An employer who has work done elsewhere
than in their factory or workshop will keep a record book in English which
contains, written in ink:
A.5.1 the name and address of the outdoor worker;
A.5.2 the number of articles and description of the work given out;
A.5.3 the rate paid or agreed to be paid for such work.
A.6 Where an employer is to employ an
outworker, the employer will allow the outworker if he or she requests to be
represented by the Union in negotiations.
PART B - Monetary Rates
TABLE 1 - RATES OF PAY
Group
|
Classification
|
Total Minimum Award Rate per Week
|
A
|
Invisible mender, Tailor or tailoress
|
473.50
|
B
|
Presser Receiver and despatcher in charge (namely a
|
438.40
|
|
person in charge of a depot and responsible for the
|
|
|
keeping of records and responsible for cash) Cleaner
|
|
|
(operating dry
cleaning machine)
|
|
C
|
Repairer (other than tailor or tailoress) Spotter presser
|
438.40
|
|
(off-set press)
Hand ironer receiver and/or dispatcher
|
|
D
|
Wet cleaner, Steam air finisher, Examiner of garments,
|
430.10
|
|
Assembler of garments, Sorter of garments
|
|
E
|
All others
|
413.40
|
TABLE 2 - OTHER RATES AND ALLOWANCES
Allowances payable from the beginning of the first pay period
to commence on or after 21 August 2001.
Item No.
|
Clause No.
|
Brief Description
|
Amount ($)
|
1
|
17.1.1
|
Meal Money
|
4.60
|
Schedule A
Award and Variations Incorporated
Clause
|
Award/Variation
|
Date of Publication
|
Date of taking
|
Industrial
|
Gazette
|
|
Serial No.
|
|
Effect
|
Vol
|
Page
|
Award
|
59375
|
1.9.76
|
1.1.76
|
202
|
1219
|
3(a)
|
66700
|
1.11.78
|
First pay period
|
211
|
1154
|
|
|
|
on or after
|
|
|
|
|
|
12.12.77
|
|
|
6(d)
|
76439
|
9.12.81
|
First pay period
|
223
|
2027
|
|
|
|
on or after 7.5.81
|
|
|
4
|
78650
|
9.2.83
|
First pay period
|
228
|
776
|
|
|
|
on or after1.7.82
|
|
|
Award Reprint
|
80423
|
22.8.84
|
First pay period
|
234
|
1381
|
|
|
|
on or after 1.1.76
|
|
|
|
|
|
re clauses 3 and 4 and
in all other
|
|
|
|
|
|
respects 21.4.76
|
|
|
6(d)
|
A2674
|
10.2.88
|
First pay period
|
247
|
586
|
|
|
|
on or after 1.7.86
|
|
|
4A
|
A4692
|
25.5.88
|
First pay period
|
248
|
804
|
|
|
|
on or
|
|
|
|
|
|
after10.3.87
|
|
|
4
|
A5413
|
14.9.88
|
First pay period
|
249
|
1192
|
|
|
|
on or after 5.2.88
|
|
|
Award Reprint
|
A7982
|
17.5.91
|
First pay period
|
262
|
625
|
|
|
|
on or after 1.1.76
|
|
|
|
|
|
re clauses 3 and 4 and
in all other
|
|
|
|
|
|
respects 21.4.76
|
|
|
Arrangement;
|
B4863
|
7.3.97
|
On or after
|
296
|
1292
|
16A
|
|
|
30.8.96
|
|
|
17
|
B7393
|
29.10.99
|
On or after
|
311
|
988
|
|
|
|
10.12.98
|
|
|
Schedule B
Changes Made on
Review
Date of Effect:
21.8.2001
(1) Provisions Modified:
Award
|
Clause
|
Previous Form of Clause Last Published at:
|
|
|
IG Vol.
|
Page
|
Dry Cleaning &c. (State) Award
|
1
|
296
|
1291
|
Dry Cleaning &c. (State) Award
|
4
|
262
|
628
|
Dry Cleaning &c. (State) Award
|
4A
|
262
|
628
|
Dry Cleaning &c. (State) Award
|
6
|
262
|
629
|
Dry Cleaning &c. (State) Award
|
7
|
262
|
630
|
Dry Cleaning &c. (State) Award
|
9
|
262
|
631
|
Dry Cleaning &c. (State) Award
|
10
|
262
|
632
|
Dry Cleaning &c. (State) Award
|
11
|
262
|
633
|
Dry Cleaning &c. (State) Award
|
12
|
262
|
633
|
Dry Cleaning &c. (State) Award
|
13
|
262
|
634
|
Dry Cleaning &c. (State) Award
|
14
|
262
|
634
|
Dry Cleaning &c. (State) Award
|
15
|
262
|
636
|
Dry Cleaning &c. (State) Award
|
15A
|
262
|
645
|
Dry Cleaning &c. (State) Award
|
16
|
262
|
645
|
Dry Cleaning &c. (State) Award
|
16A
|
296
|
1291
|
Dry Cleaning &c. (State) Award
|
17
|
311
|
988
|
Dry Cleaning &c. (State) Award
|
18
|
262
|
648
|
Dry Cleaning &c. (State) Award
|
19
|
262
|
652
|
Dry Cleaning &c. (State) Award
|
20
|
262
|
652
|
Dry Cleaning &c. (State) Award
|
21
|
262
|
653
|
Dry Cleaning &c. (State) Award
|
22
|
262
|
655
|
Dry Cleaning &c. (State) Award
|
23
|
262
|
656
|
Dry Cleaning &c. (State) Award
|
24
|
262
|
656
|
Dry Cleaning &c. (State) Award
|
25
|
262
|
656
|
Dry Cleaning &c. (State) Award
|
26
|
262
|
656
|
Dry Cleaning &c. (State) Award
|
27
|
262
|
660
|
Dry Cleaning &c. (State) Award
|
28
|
262
|
660
|
Dry Cleaning &c. (State) Award
|
29
|
262
|
660
|
Dry Cleaning &c. (State) Award
|
30
|
262
|
660
|
Dry Cleaning &c. (State) Award
|
31
|
262
|
660
|
Dry Cleaning &c. (State) Award
|
32
|
262
|
660
|
Dry Cleaning &c. (State) Award
|
33
|
262
|
661
|
Dry Cleaning &c. (State) Award
|
34
|
262
|
662
|
Dry Cleaning &c. (State) Award
|
35
|
262
|
667
|
Dry Cleaning &c. (State) Award
|
38
|
262
|
668
|
(2) Provisions Removed:
Award
|
Clause
|
Previous Form of Clause Last Published at:
|
|
|
IG Vol.
|
Page
|
Dry Cleaning &c. (State) Award
|
2
|
262
|
627
|
Dry Cleaning &c. (State) Award
|
3
|
262
|
627
|
Dry Cleaning &c. (State) Award
|
5
|
262
|
628
|
Dry Cleaning &c. (State) Award
|
8
|
262
|
631
|
Dry Cleaning &c. (State) Award
|
36
|
262
|
667
|
Dry Cleaning &c. (State) Award
|
37
|
262
|
668
|
(3) Rescinded Obsolete Awards Related to this Review:
Award
|
Clause
|
Previous Form of Clause Last Published at:
|
|
|
IG Vol.
|
Page
|
Nil
|
|
|
|
M. J.
WALTON J, Vice-President
F. MARKS J.
I. TABBAA, Commissioner
____________________
Printed by the authority of the Industrial Registrar.