STOREMEN AND PACKERS, WHOLESALE PAINT, VARNISH AND COLOUR STORES
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of Industrial Relations Act 1996.
(No. IRC 2846 of 2000)
Before Commissioner Patterson
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23 August 2001
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REVIEWED AWARD
Arrangement
Part A
1.
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Title
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2.
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Definitions
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3.
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Hours
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4.
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Shift Allowances for Shift Workers
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5.
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Wages
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6.
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Payment of Wages
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7.
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Overtime
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8.
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Holidays
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9.
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Meal Allowance
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10.
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Terms of Employment
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11.
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Juniors’ Work
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12.
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Meal Breaks
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13.
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Annual Leave
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14.
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Mixed Functions
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15.
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Long Service Leave
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16.
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Sick Leave
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17.
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Redundancy
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18.
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State Personal/Carer’s Leave
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19.
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General
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20.
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Proportion of Juniors
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21.
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Jury Service
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22.
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Attendance at Repatriation Centres
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23.
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Bereavement Leave
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24.
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Part-time Work
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25.
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Anti-Discrimination
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26.
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Area, Incidence and Duration
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Part B
Monetary Rates
Table 1 - Minimum Award Wage Rates
Table 2 - Other Rates and Allowances
1. TITLE
This Award shall be known as the Storemen & Packers,
Wholesale Paint, Varnish and Colour Stores (State) Award.
2. DEFINITIONS
(i) "Storemen
and Packers", for the purpose of this award, shall include every employee,
engaged in the work of receiving, stacking, storing, packing, delivering or
handling, wrapping, packing, unwrapping and unpacking materials including bulk
transport containers, in any way whatsoever, oil, grease, paint, varnish,
white, red or pig lead, colour or other merchandise in tins, barrels, cases or
in bulk in a paint an/or colour store or factory and shall include all work in
respect of which it has been the custom for storemen and packers to do in such
places.
(ii) A
"Leading Hand" shall mean an employee who has employees working under
his/her supervision.
(iii) A "Head
Storeman/Storewoman "shall mean an employee in charge of a store or a
special department of a store.
(iv) A
"Weekly Employee" shall mean any employee employed by the week and
paid by the week.
(v) A
"Casual Employee" shall mean an employee who comes within the
definition of a weekly employee.
(vi) "Union"
shall mean the National Union of Workers, New South Wales Branch.
3. HOURS
(i) Day
Workers:
(a) The ordinary
working hours shall not exceed forty per week and shall be worked in five days,
Monday to Friday, inclusive between the hours of 7.00am and 5.30pm.
(b) The employer shall
fix the starting and finishing times of his/her employees, and such times,
having once been fixed, shall not be altered without seven days’ notice having
been given to the employees concerned, or by mutual agreement between the
employer and such employees.
(c) The ordinary
hours of work shall be continuous except for a break for a meal.
(ii) Shift
Workers:
(a) The ordinary
working hours of shift workers shall not exceed -
(i) 8 hours
during any consecutive 24 hours; or
(ii) 40 per week;
or
(iii) 80 in
fourteen consecutive days;
(iv) 160 in
twenty-eight consecutive days.
(b) Twenty minutes
shall be allowed shift workers each shift for crib time which shall be counted
as time worked.
(c) The employer
shall fix the starting and finishing times of his/her employees and such times,
having once been fixed, shall not be altered without seven days’ notice having
been given to the employees concerned or by mutual agreement between the
employer and such employees.
4. SHIFT
ALLOWANCES FOR SHIFT WORKERS
Subject as in this award otherwise provided for, shift
workers shall be paid, in addition to the rates payable under this award, shift
work allowances as follows:
(i) A shift
worker, whilst on afternoon or night shift, shall be paid 15 per cent more than
his/her ordinary rates.
(ii) An employee
who -
(a) during a
period of engagement on shift, works night shift only;
(b) remains on
night shift for a longer period than four consecutive weeks;
(c) works on a night
shift which does not rotate or alternate with another shift or with day work so
as to give him/her at least one-third of his/her working time off night shift
in each shift cycle;
shall, during such
engagement, period or cycle, be paid 20 per cent more than the ordinary rate
for all time worked during ordinary working hours on such night shift
(iii) Night Shift
means any shift finishing subsequent to midnight and at or before 8.00am.
(iv) Afternoon
Shift means any shift finishing after 6.00pm and at or before midnight.
5. WAGES
(i) The minimum
rates of pay are set out in Part B - Monetary Rates, Table 1 - Minimum Award
Wage Rates.
Casual Labour:
(a) A casual
employee for working ordinary time shall be paid per hour one-fortieth (1/40th)
of the weekly rate prescribed by this award for the work which he/she performs,
plus 19 per cent (19%).
(b) Casual
employees shall be guaranteed not less than four hours’ work for every start.
(Notation - The New South Wales Annual Holidays Act provides that casual employees under this award
are entitled to receive an additional amount equal to one twelfth of their
ordinary time earnings in lieu of annual leave.)
(ii) Juniors:
The minimum rates of pay to be paid to Juniors shall be
the following percentages of the appropriate rate of pay prescribed for other
employees in sub-clause (i) of this Clause.
Such percentages shall be calculated to the nearest 5 cents, any broken
part of 5 cents in the result not exceeding 2 cents shall be disregarded.
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Percentage of "Storeman"Rate Per Week
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At 16 years of age and under
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70 per cent
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At 17 years of age
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85 per cent
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At 18 years of age
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100 per cent
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(iii) Additional Amounts:
(a) Employees whilst
working in the dry colour section or handling dry lead or dry colours shall be
paid the following additional amounts:
Weekly Employees
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Refer to Item 1 of Table 2
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Casual Labor
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Refer to Item 2 of Table 2
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Juniors
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Refer to Item 3 of Table 2
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(b) Provided that
those employees who open containers and weigh dry colour for the manufacturing
processes shall be paid an additional amount as set out in Item 4 of Table 2 -
Part B.
(iv) Forklift and/or
Mobile Crane Drivers:
(a) A storeman
and/or packer who, in the course of his/her employment, operates a forklift
shall, in addition to the rates otherwise payable in accordance with this
clause, be paid an additional amount as set out in Item 5 of Table 2.
(b) A storeman
and/or packer who, in the course of his/her employment operates a mobile crane
shall, in addition to the rates otherwise payable in accordance with this
clause, be paid an additional amount as set out in Item 6 of Table 2.
Provided that, in respect of any hour or part thereof
in which both of the additional payments prescribed in Paragraphs (a) and (b)
of this sub-clause become payable, the amount payable in respect of that hour
shall not exceed the amount as set out in Item 6 of Table 2.
(c) The additional
rates provided for in this sub-clause shall be calculated on the total time in
which employees actually are engaged in such work but any time exceeding
half-an-hour shall be counted as one hour and any time less than half-an-hour
as half-an-hour. Provided further that
the ordinary weekly wage payable to any such employee shall not exceed an
amount as set out in Table 1 of part b - monetary rates.
(v) The
rates of pay prescribed in Table 1 - Wages, of Part B, Monetary Rates, include
the first, second and third arbitrated safety net adjustment payable under the
State Wage Case - December 1994 decision.
All of the above Safety Net Adjustments may be offset to the extent of
any wage increases received at the enterprise level since 29 May 1991. Increases made under previous State Wage
Case principles, excepting those resulting at the enterprise level, are not to
be used to offset arbitrated safety net adjustments.
(vi) The
rates of pay in this award include the adjustments payable under the State Wage
Cases of August 1997 and June 1998.
These adjustments may be offset against:
(a) any
equivalent overaward payments; and/or
(b) award
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
(vii) The rates of pay in this award include the adjustments payable
under the State Wage Case 1999 and 2000.
This adjustment may be offset against:
(a) any
equivalent overaward payments, and/or
(b) award
wage increases since 29 May 1991 other than safety net, State Wage Case, and
minimum rates adjustments.
6. PAYMENT OF
WAGES
(i) Wages shall
be paid weekly within ten minutes after work ceases on payday and suitable
protection shall be provided for employees against inclement weather whilst
collecting wages.
(ii) Casual
employees shall be paid at the office of the place where the work has been
performed within fifteen (15) minutes of their services being dispensed with.
(iii) An employer
may, in respect of a weekly employee, and where it has been customary to do so,
keep two day’s pay in hand.
(iv) All time spent
waiting in excess of ten minutes in the case of a weekly employee or fifteen
(15) minutes in the case of a casual employee, for wages or other payments due
under this award shall be paid for at overtime rates and the time shall count
as from the finishing time until payment is made.
(v) Wages shall
be paid not later than Friday of each week.
7. OVERTIME
(i) All time worked
before the usual starting time or after the usual ceasing time or before the
earliest times mentioned in Clause 3 - Hours, of this Award, or after the
latest times mentioned in the said Clause 3, or on Saturday shall be paid for
at the rate of time and one-half for the first two hours worked on any day and
double-time thereafter.
(ii) The maximum
amount of overtime which may be worked in any week by an employee (exclusive of
time worked on a Sunday or holiday and such time as is worked on Saturday for
which double-time is paid) shall not exceed twelve hours.
(iii) In the event
of an emergency, further overtime shall be worked by agreement between the
union and the employer.
(iv) All time
worked on a Sunday shall be paid for at the rate of double-time and all time
worked on a holiday shall be paid for at the rate of double-time and one-half
with a guarantee of four hour’s pay for each start at the penalty rate
applicable.
(v) Shift
Workers: For all time worked -
(a) in
excess of an ordinary shift; or
(b) on a
rostered shift off -
shall be paid for at the rate of time and one-half for
the first two hours and double-time thereafter - provided that in the case of
seven-day-shift workers, all overtime shall be paid at the rate of
double-time. This Clause shall not
apply when work is -
(1) by
arrangement between the employees themselves;
or
(2) for the
purpose of effecting customary rotation of shifts.
8. HOLIDAYS
(i) The
following days shall be recognised as holidays:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen’s Birthday
Labour Day
Christmas Day
Boxing Day
or any other day on which the
foregoing holidays are observed or any day gazetted or proclaimed as a public holiday
for the districts in which the employee is employed and the Picnic Day of the
National Union of Workers, New South Wales Branch, which shall be held on the
first Monday in August each year - provided the employees in the industry
governed by the Paint and Varnish Makers &c. (State) Award and the
Transport Industry (State) Award, do not observe any other working day as a
Union Picnic Day.
(ii) No deduction
shall be made from the wages of a weekly hand for holidays not worked and if
work is done on a holiday, the employee shall be paid at the rate of
double-time and a half for the time worked - provided that in no case, shall
the extra allowance be less than four hour’s pay.
9. MEAL
ALLOWANCE
An employee required to work overtime for more than one hour
without being notified the day before that he/she will be so required to work,
shall be supplied either with a meal by the employer or paid an amount as set
out in Item 7 of Table 2. If an
employee, pursuant to notice, has provided a meal and is not required to work
overtime, he/she shall be paid an amount as set out in Item 7 of Table 2 for
the meal provided. Wherever reasonably
possible, the employer shall notify the employee the day before that he/she
will be required to work later than the usual finishing time on any day.
(Note: With respect
to the payment of tea money for Juniors under 16 years of age, see Factories, Shops and Industries Act,
1962)
10. TERMS OF
EMPLOYMENT
(i) All employees
shall be engaged either as weekly or casual hands - provided that an employer
may engage a new employee as a casual with the right to alter the engagement to
a weekly one at any time up to the pay day immediately following the date of
engagement. If the employer varies the
engagement, as aforesaid, he/she shall be liable to pay the employee concerned
only the weekly rate for the time worked by him/her.
(ii) In the case
of casual hands, the engagement shall be terminable at any time by either
party.
(iii) The
engagement of a weekly employee shall be terminated only by one week’s notice
on either side or by the payment or forfeiture, as the case may be, of one
week’s wages in lieu thereof.
Provided that this Clause shall not affect the right of
Taubmans Proprietary Limited to deduct payment for any time during which an
employee cannot be employed usefully because of any strike or limitation upon
the performance of work by members of the National Union of Workers, New South
Wales Branch, or the Federated Miscellaneous Workers’ Union of Australia, New
South Wales Branch, at the premises of the abovementioned company at Birmingham
Avenue, Villawood.
(iv) Upon request
by an employee, the employer shall give an employee a signed statement of
service upon termination. Such statement
shall certify the period of commencing and ceasing employment and the class of
work upon which the employee was employed.
11. JUNIORS’ WORK
The employment of juniors shall be in accordance with
Section 49 of the Factories, Shops and
Industries Act 1962.
12. MEAL BREAKS
(i) The hours for
meals shall be fixed by mutual consent to meet the exigencies of the industry
but once fixed shall not be altered without seven days’ notice. Any employee called upon to work during the
meal hour shall be paid, in addition to his/her ordinary time, one-half extra
until a meal break is allowed. Any time
worked in excess of fifteen (15) minutes of the meal break shall be paid for as
the full meal break.
(ii) In the event
of an employee being allowed a lesser period than thirty minutes for the
purpose of having a meal, no deduction shall be made for the time so spent by
the employee in having a meal.
13. ANNUAL LEAVE
(i) Day and
Shift Workers (Other Than Seven Day Shift Workers):
(a) See Annual Holidays Act, 1944.
(b) Provided that
an employee whose employment has not terminated prior to the making of this
award, at the time of his/her entering upon a period of Annual Leave in
accordance with the Annual Holidays Act,
1944, shall be entitled to an additional one week’s leave in respect of that
portion of the period of employment to which the said leave is referable, as
from 1 January 1974.
(ii) Seven Day
Shift Workers:
(a) In addition to
the leave prescribed by the Annual
Holiday’s Act 1944, a further period of seven day’s leave with 40 hour’s
pay at ordinary rates shall be allowed annually to employees after not less
than 12 months’ continuous service as seven day shift workers under this Award,
less the period of Annual Leave.
Provided that as from 1 January 1974, the additional
period of leave allowed annually to employees, whose employment has terminated
prior to the making of this Award, shall be 14 days with 80 hours’ pay at
ordinary rates.
(b) An employee
with 12 month’s continuous service who is employed for part of the
twelve-monthly period as a seven-day shift worker under this Award shall be
entitled to have the leave prescribed by the Annual Holidays Act 1944, increased by half a day for each month
he/she is continuously employed as aforesaid.
Provided that as from 1 January 1974, the leave
increase to employees, whose employment has not terminated prior to the making
of this Award, shall be one day each month continuously employed.
(c) Where the
additional leave calculated under Paragraph (b), of this sub-clause, is or
includes a fraction of a day, such fraction shall not form part of the leave
period and any such fraction shall be discharged by payment only.
(d) Annual Leave
under this sub-clause shall be given and shall be taken within a period not
exceeding six months from the date upon which the right to such leave accrued,
provided that the giving and taking of such Annual Leave may be postponed for a
further period not exceeding three months in cases where circumstances render
it impracticable to give or take it within the said period of six months. Nothing in this paragraph shall prevent the
employer from allowing Annual Leave to an employee before the right thereof has
accrued but where leave is taken in such a case, a further period of Annual
Leave shall not commence to accrue until after the expiration of the 12 months
in respect of which such Annual Leave had been so taken.
(e) After 12
months’ continuous service, any employee whose employment is terminated by the
employer through no fault of his/her own and any employee who leaves his/her
employment in circumstances which do not amount to misconduct, after six
months’ continuous service in his/her then current qualifying twelve-monthly
period, shall be paid for the proportionate period of Annual Leave to which
he/she would have been entitled if his/her employment had not been so
terminated.
(f) The Annual
Leave provided for by this sub-clause shall be given and shall be taken and,
except as provided in Paragraphs (c) and (e), of this sub-clause, payment shall
not be made nor accepted in lieu of Annual Leave.
(g) Where any
special or public holidays, for which a continuous process shift worker is
entitled to payment under this Award, occurs during the period of additional
Annual Leave provided for by this sub-clause, the said period of leave shall be
increased by one (1) day in respect of that special or public holiday.
(h) The employer
may, after consultation with the individual employee, determine how and when
the leave is to be taken.
(iii) Payment
During Annual Leave:
An employee at the time of entering upon a period of
Annual Leave in accordance with sub-clauses (i)(a) and (i)(b) shall be entitled
to an additional payment in respect of the period of employment to which the
said leave is referable, calculated on the basis of three and one-third (3 1/3)
hours’ ordinary pay for each month.
14. MIXED
FUNCTIONS
(i) Employees
employed at work for which a higher rate is fixed shall be paid such higher
rate whilst so employed. If employed
for two hours or more on the higher class of work, employees shall be paid the
higher rate for the whole of that day.
(ii) Where an
employee is called upon to perform duties for which a lower rate is fixed, the
employee shall suffer no deduction in pay of the balance of the current pay
week.
15. LONG SERVICE
LEAVE
See Long Service Leave
Act 1955.
16. SICK LEAVE
(i) If an
employee absents himself/herself from work, except on account of illness, a proportionate
deduction shall be made from his/her wages for the time lost by him/her.
(ii) When an
employee is absent from work owing to illness, the employer may require the
employee to produce a doctor'’ certificate or other satisfactory proof of illness.
(iii) The employer
shall not be liable to pay an employee for absence due to illness unless such
employee has been employed continuously for three calendar months. Provided, however, that once an employee has
had three month’s continuous service with an employer he/she shall be paid for
any absence owing to illness during the 2nd and 3rd month of service.
(iv) The employer
shall not be liable to pay an employee for absence due to sickness for more
than eight days in each year (1 January - 31 December) - provided that an
employee who has been employed continuously by the same employer may accumulate
any unclaimed sick pay to be drawn upon at such time as absence on account of
sickness warrants.
(v) Single Day
Absences: In the case of an employee
who claims to be allowed paid sick leave, in accordance with this Clause, for
an absence of one day only, such employee, if in the year he/she has already
been allowed paid sick leave on two occasions for one day only shall not be
entitled to payment for the day claimed unless he/she produces to the employer
a certificate of a duly qualified medical practitioner or other satisfactory
proof of illness, that he/she was unable to attend for duty on account of
personal illness or on account of injury by accident.
17. REDUNDANCY
(i) Application:
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) 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.
(d) 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.
(ii) Introduction
of Change:
(a) Employer's
Duty to Notify:
(1) 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.
(2) '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.
(b) Employer's
Duty to Discuss Change:
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) above,
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.
(2) 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
sub-clause.
(3) 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.
(iii) Redundancy:
(a) Discussions
Before Terminations.
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to sub-paragraph (1) of
paragraph (a) of sub-clause (ii) above, 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.
(2) 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 (1) of
this sub-clause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimize the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) 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 any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iv) Termination of
Employment:
(a) Notice for
Changes in Production, Programme, Organisation or Structure.
This sub-clause 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 sub-clause (ii)(a)(1) above.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
Continuous Service
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Period of Notice
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Less than 1 year
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1 week
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1 year and less than 3 years
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2 weeks
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3 years and less than 5 years
|
3 weeks
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5 years and over
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4 weeks
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(2) 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.
(3) 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.
(b) Notice for
Technological Change.
This sub-clause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with sub-clause (ii)(a)(1) above:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) 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.
(3) The period of
notice required by this sub-clause 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.
(c) Time
Off During the Notice Period
(1) 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.
(2) 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.
(d) 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.
(e) 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.
(f) Notice
to Appropriate Commonwealth Agency.
Where a decision has been made to terminate employees,
the employer shall notify the appropriate Commonwealth Agency 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.
(g) Centrelink
Employment Separation Certificate.
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink.
(h) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in Paragraph (a) of sub-clause (ii) above, 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.
(v) Severance
Pay
(a) Where an
employee is to be terminated pursuant to sub-clause (iv) above, 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:
(1) 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
|
(2) 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
|
(3) `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.
(b) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser amount
(or no amount) of severance pay than that contained in Paragraph (a) above.
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 sub-clause (i) above will have on the employer.
(c) 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 Paragraph (a)
above if the employer obtains acceptable alternative employment for an
employee.
(vi) 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.
18. STATE
PERSONAL/CARER’S LEAVE
1. USE OF SICK
LEAVE
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in Clause 16, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the
employee being responsible for the care of the person concerned; and
(ii) the
person concerned being:
(a) a
spouse of the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married too that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
2. UNPAID LEAVE FOR
FAMILY PURPOSE
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
3. ANNUAL LEAVE
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
4. TIME OFF IN LIEU OF
PAYMENT FOR OVERTIME
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
5. MAKE-UP TIME
(a) An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
6. ROSTERED DAYS OFF
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
19. GENERAL
(i) There shall
be provided a sufficient supply of boiling water at meals for all employees and
an adequate supply of fresh cold water for drinking purposes shall be supplied
on the job.
(ii) There shall
be provided suitable lavatory accommodation and dressing rooms for all
employees, ensuring protection for clothes left therein, but once this protection
is provided, the employer accepts no responsibility for loss or theft.
(iii) A lunch
room for the accommodation of the employees at meal times shall be provided.
(iv) For all
employees engaged in handling dry carbonate of lead, in any form, hot and cold
shower baths, nail brushes, towel, suitable soap, respirators and clean
overalls shall be provided, daily, by the employer. Employees in all other departments shall be provided with
washbasins, nail brushes, hot and cold water, towel, suitable soap and clean
overalls once weekly.
(v) All employees
shall be made an allowance of five minutes prior to meal times and ten minutes
prior to ordinary ceasing time for the purpose of cleaning themselves.
(vi) The employer
and the employee may agree to accept fifteen (15) minutes before ceasing time
in lieu of the allowance of five minutes before meal time and ten minutes
before ceasing time.
(vii) Travelling
time and fares necessarily incurred shall be allowed to employees when required
to work at places which are away from their usual place of employment.
(viii) Suitable
weatherproof clothing and footwear to adequately protect employees from
inclement weather and protective industrial gloves shall be supplied on jobs
where such protection is necessary.
(ix) All employees
shall be allowed ten minutes each morning as a rest period for morning tea,
such time to be counted as time worked.
20. PROPORTION OF
JUNIORS
One Junior may be employed within each department to every
four or fraction of four not being less than three storemen and/or packers
receiving not less than the adult rate.
21. JURY SERVICE
An employee shall be allowed leave of absence during any
period when required to attend for jury service.
During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee's award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirements to attend and attendance
on jury service and shall give the employer notice of such requirements as soon
as practicable after receiving notification to attend for jury service.
22. ATTENDANCE AT
REPATRIATION CENTRES
Employees being ex-service personnel, shall be allowed, as
time worked, lost time incurred whilst attending repatriation centres for
medical examination and/or treatment - provided that:
(i) such lost
time does not exceed four hours on each occasion;
(ii) payment shall
be limited to the difference between ordinary wage rates for time lost and any
payment received from the Repatriation Department as a result of each such
visit;
(iii) the employee
produces satisfactory evidence to the employer that he/she is so required to
and subsequently does attend a repatriation centre.
23. BEREAVEMENT
LEAVE
(a) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave, up to and including the day of the funeral, without deduction of pay on
each occasion of the death within Australia of a person as prescribed in
sub-clause (c) of this clause.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) 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
sub-paragraph (ii) of paragraph (c) of sub-clause (1) of Clause 18 - Personal/Carer’s
Leave, provided that for the purpose of Bereavement Leave, the employee need
not have been responsible for the care of the person concerned.
(d) 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.
(e) Bereavement
Leave may be taken in conjunction with other leave available under sub-clauses
(2), (3), (4), (5) and (6) of the said Clause 18. In determining such a request, the employer will give consideration
to the circumstances of the employee and the reasonable operational
requirements of the business.
24. PART-TIME WORK
(i) An employee
may be engaged on a part time basis. A
part time employee shall mean a weekly employee engaged to work regular days
and regular hours, either of which are less than the number of days or hours
worked by a full time employee.
(ii) A part time
employee is entitled to a minimum start per occasion of 3 continuous hours,
except:
(a) where the employer
and the employee concerned agree that there shall be a start of 2 continuous
hours on 2 or more days per week, provided that:
(1) a 2 hour start
is sought by the employee to accommodate the employee's personal circumstances,
which must be specified, or
(2) the place of
work is within a distance of 5 kilometres of the employee's place of residence.
(iii) A part time
employee may work up to 38 hours per week without the payment of overtime.
(iv) A part time
employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a
full time employee of the same classification contained in Table 1 of this
Award.
(v) Any hours
worked by a part time employee outside the ordinary hours of work, as set out
in clause 13, or in addition to the 38 hours per week shall be paid at overtime
rates.
(vi) Subject to
this clause, all the provisions of this award shall apply to a part time
employee on a pro rata basis.
25. ANTI-DISCRIMINATION
1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act, 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age, and responsibilities as a carer.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
3. Under the Anti-Discrimination Act, 1977, it is
unlawful to victimize an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act,
1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal Jurisdiction.
5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth Anti-Discrimination Legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects any other Act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
26. AREA,
INCIDENCE AND DURATION
(a) This Award
shall apply to all storemen and packers engaged in the work of receiving,
stacking, storing, packing, delivering or handling in any way whatsoever, oil,
grease, paint, varnish, white, red or pig lead, colour or other merchandise in
tins, barrels, cases, or in bulk in a paint and/or colour store or factory
including all work in respect of which it has been the custom for storemen and
packers to do in such places throughout the State, excluding the County of
Yancowinna, within the jurisdiction of the Storemen and Packers, Wholesale
Paint, Varnish, Oil and Colour Stores (State) Industrial Committee.
(b) This Award is
made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the
Storemen and Packers, Wholesale Paint, Varnish and Colour Stores (State) Award
published 18 June 1975 and reprinted 7 March 1984 (232 IG 1557) and all
variations thereof.
(c) The Award
published 18 June 1975 and reprinted 7 March 1984 took effect from the
beginning of the first pay period to commence on or after 20 June 1974 and the
variations thereof incorporated herein on the dates set out in the attached
Schedule "A".
(d) The changes
made to the Award pursuant to the Award Review pursuant to Section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 IG 307) are
set out in the attached Schedule B and take effect on 23 August 2001.
(e) This Award
remains in force until varied or rescinded.
The period for which it was being made already expired.
Part B - Monetary Rates
Table 1 - Minimum Award Wage Rates
ADULTS:
|
PER WEEK
|
Head Storeman/Storewoman
|
$492.20
|
DRIVERS OF MOBILE
CRANE:
|
|
Lifting Capacity:
|
|
Up to and including 5 tonnes
|
$460.50
|
Exceeding 5 tonnes but not exceeding 10 tonnes
|
$460.50
|
Exceeding 10 tonnes but not exceeding 20 tonnes
|
$479.30
|
Over 20 tonnes
|
$479.30
|
DRIVERS OF FORKLIFT
|
$460.50
|
ALL OTHER EMPLOYEES - 12 months or more
|
$454.70
|
ALL OTHER EMPLOYEES - less than 12 Months
|
$439.70
|
Note: On 3 February 1976 in Matter No. 1038 of
1975, Commissioner Manuel made the following recommendation, recommended
commencing date being the first pay period to commence on or after 3 February
1976:
It is recommended that in circumstances where the wage rates
prescribed by this Clause are increased by Order of the Industrial Commission
of New South Wales pursuant to Section 57 of the Industrial Arbitration Act, 1940, as a result of a Decision of a
Full Bench of the Australian Conciliation and Arbitration Commission to reflect
movements in the Consumer Price Index as a result of wage indexation cases,
that employers part to this award apply the indexation increase to an
employee’s actual rate of pay as defined hereunder.
"Actual Rate of Pay" in respect of this Award is
defined as the actual amount an employee would normally receive for performing
40 hours of ordinary work - provided that such rate shall expressly exclude
overtime, penalty rates, disability allowances, shift allowances, special
rates, fares and travelling time allowances, and any other ancillary payments
of a like nature. Provided further that
this definition shall not include production bonuses and other methods of
payment by results which by virtue of their basis of calculation already produce
the result intended hereby.
Table 2 - Other Rates and Allowances
ITEM NO.
|
CLAUSE NO.
|
DESCRIPTION
|
AMOUNT
|
|
|
Dry Colour Section:
|
|
1
|
5(iii)(a)
|
Weekly Employees
|
$1.15 per week
|
2
|
5(iii)(a)
|
Casual Labor
|
$2.40 per hour
|
3
|
5(iii)(a)
|
Juniors
|
$1.15 per week
|
4
|
5(iii)(b)
|
Open Containers and weigh dry colour
|
80 cents per week
|
5
|
5(iv)(a)
|
Operates a forklift
|
55 cents per hour
|
6
|
5(iv)(b)
|
Operates a Mobile Crane
|
69 cents per hour
|
7
|
9
|
Meal Allowance
|
$7.90 per meal
|
8
|
|
Leading Hand
|
|
|
|
In charge of 1-5
|
$14.10 per week
|
|
|
In charge of 6-10
|
$21.25 per week
|
|
|
In charge of 11-15
|
$29.00 per week
|
|
|
In charge of over 15
|
$36.45 per week
|
SCHEDULE A
AWARDS AND VARIATIONS INCORPORATED
CLAUSE
|
VAR. NO
|
DATE OF
PUBLICATION
|
INDUSTRIAL
GAZETTE
|
|
|
|
VOL.
|
PAGE
|
Award
|
80354
|
7/3/1984
|
232
|
1557
|
5
|
80982
|
26/4/1984
|
233
|
710
|
5
|
81197
|
21.11.1984
|
235
|
1228
|
5
|
83349
|
25/9/1985
|
238
|
1371
|
5
|
A1301
|
9/7/1986
|
242
|
168
|
5
|
A3200
|
30/9/1987
|
245
|
1351
|
5
|
A5354
|
21/9/1988
|
249
|
1317
|
5
|
A5374
|
21/9/1988
|
249
|
1319
|
5
|
A6944
|
5/10/1990
|
259
|
567
|
18
|
B5305
|
9/5/1997
|
298
|
310
|
Schedule B
Changes Made on Review
Date of Effect: 23 August 2001
Provisions Modified:
STOREMEN & PACKERS, WHOLESALE PAINT, VARNISH AND COLOUR
STORES (STATE) AWARD
CLAUSE
|
Previous Form of Clause Last Published at I.G. Vol
|
Page
|
AWARD: Storemen
& Packers, Wholesale Paint, Varnish
|
|
|
and Colour Stores (State) Award
|
|
|
1
|
232
|
1557
|
2
|
232
|
1557
|
3
|
232
|
1557
|
4
|
232
|
1557
|
5
|
259
|
567
|
6
|
232
|
1557
|
7
|
232
|
1557
|
8
|
232
|
1557
|
9
|
232
|
1557
|
10
|
232
|
1557
|
11
|
232
|
1557
|
12
|
232
|
1557
|
13
|
232
|
1557
|
14
|
232
|
1557
|
15
|
232
|
1557
|
16
|
232
|
1557
|
17
|
-
|
-
|
18
|
298
|
310
|
19
|
232
|
1557
|
20
|
232
|
1557
|
21
|
232
|
1557
|
22
|
232
|
1557
|
23
|
232
|
1557
|
24
|
-
|
-
|
25
|
-
|
-
|
26
|
232
|
1557
|
27
|
232
|
1557
|
(2) Provisions
Removed:
AWARD
|
CLAUSE
|
PREVIOUS FORM OF CLAUSE LAST PUBLISHED AT:
|
|
|
I.G. VOL.
|
PAGE
|
Storemen & Packers, Wholesale
|
|
|
|
Paint, Varnish and Colour Stores
|
1
|
232
|
1557
|
(State) Award
|
|
|
|
|
19
|
232
|
1557
|
|
23
|
232
|
1557
|
STOREMEN & PACKERS, WHOLESALE PAINT, VARNISH, OIL AND
COLOUR STORES (STATE) INDUSTRIAL COMMITTEE
Industries and Callings
Storemen and Packers in paint or colour store or factory,
including storemen and packers who, for the purpose of and in the course of
their work as storemen and packers, use mechanical or electrical appliances,
employed in receiving, stacking, storing, packing and/or preparing for
transport or delivery of oil and grease used in the paint and varnish of any
description, in the State, excluding the County of Yancowinna;
excepting employees of -
Broken Hill Proprietary Company Limited at Newcastle;
Australian Wire Industries Pty. Ltd. at its Newcastle
Wiremill.
R. J. PATTERSON,
Commissioner
____________________
Printed by the authority of the Industrial Registrar.