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New South Wales Industrial Relations Commission
(Industrial Gazette)





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DRY CLEANING (STATE) AWARD
  
Date11/30/2001
Volume329
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0702
CategoryAward
Award Code 286  
Date Posted12/13/2001

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(286)

SERIAL C0702

 

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

2.

Arrangement

3.

Definitions

4.

Index Of Facilitative Provisions

5.

Anti-Discrimination

6.

Enterprise Flexibility Provision

7.

Dispute Settlement Procedure

8.

Types of Employment

9.

Supported Wage

10.

Payment by Results

11.

Termination Of Employment

12.

Redundancy

13.

Superannuation

14.

Rates Of Pay

15.

Mixed Functions

16.

Payment Of Wages

17.

Allowances

18.

Hours Of Work

19.

Overtime

20.

Annual Leave

21.

Personal Carers Leave

22.

Sick Leave

23.

Bereavement Leave

24.

Parental Leave

25.

Public Holidays

26.

Jury Service

27.

Relationship To National Training Wage Award 1994

28.

Accident Pay

29.

Posting Of Award

30.

Amenities

31.

First Aid and Ambulance Chest

32.

Long Service Leave

33.

Right of Entry

34.

Area Incidence and Duration

 

Appendix A - Outwork

 

Part B - Monetary Rates

 

Table 1

Rates of Pay

Table 2

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 17%.

 

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.

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