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New South Wales Industrial Relations Commission
(Industrial Gazette)





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STOREMEN AND PACKERS, WHOLESALE PAINT, VARNISH AND COLOUR STORES (STATE) AWARD
  
Date12/14/2001
Volume330
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0749
CategoryAward
Award Code 631  
Date Posted12/17/2001

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(631)

SERIAL C0749

 

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

23 August 2001

 

REVIEWED AWARD

 

Arrangement

 

Part A

 

1.

Title

2.

Definitions

3.

Hours

4.

Shift Allowances for Shift Workers

5.

Wages

6.

Payment of Wages

7.

Overtime

8.

Holidays

9.

Meal Allowance

10.

Terms of Employment

11.

Juniors’ Work

12.

Meal Breaks

13.

Annual Leave

14.

Mixed Functions

15.

Long Service Leave

16.

Sick Leave

17.

Redundancy

18.

State Personal/Carer’s Leave

19.

General

20.

Proportion of Juniors

21.

Jury Service

22.

Attendance at Repatriation Centres

23.

Bereavement Leave

24.

Part-time Work

25.

Anti-Discrimination

26.

Area, Incidence and Duration

 

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.

 

 

Percentage of "Storeman"Rate Per Week

At 16 years of age and under

70 per cent

At 17 years of age

85 per cent

At 18 years of age

100 per cent

 

(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

Refer to Item 1 of Table 2

Casual Labor

Refer to Item 2 of Table 2

Juniors

Refer to Item 3 of Table 2

 

(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

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

 

(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.

 

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