BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(649)

SERIAL C0793

TANNING INDUSTRY (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

(No. IRC 5298 of 1999)

Before Commissioner O'Neill

8 August 2001

REVIEWED AWARD

PART A

1. ARRANGEMENT

Clause No. Subject Matter

1. Arrangement

2. Definitions

3. Contract of Employment

4. Wages

5. Wage Groups

6. Mixed Functions

7. Sunday and Holiday Rates

8. Supported Wage

9. Hours of Work

10. Implementation of 38-Hour Week

11. Meal Breaks and Rest Periods

12. Overtime

13. Shift Work

14. Special Rates

15. Washing Time

16. Tools of Trade and Damage to Clothing

17. Formaldehyde and/or Corrosive Chemicals

18. Holidays

19. Sick Leave

20. Personal/Carer's Leave Case

21. Annual Leave

22. Parental Leave

23. Long Service Leave

24. Bereavement Leave

25. Jury Service

26. Payment of Wages

27. Payment for Piece Work and Task Work

28 Time and Wages Records

29. Right of Entry of Union Officials

30. Breaches of the Award

31. Shop Delegates and Notice Board

32. Union Business

33. Trade Union Training Leave

34. Accident Pay

35. Redundancy

36. Superannuation

37. Grievance and Disputes Procedure

38. Anti Discrimination

39. Basis of Award and Leave Reserved to Apply

40. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Wages

Table 2 - Other Rates and Allowances

2. DEFINITIONS

(i) "Union" means The Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch.

(ii) "Double time rate" or "rate of double time" shall mean when applicable to ordinary hours of work on a week day, holiday or Sunday, the ordinary hourly rate payable as part of the employees weekly wage and, in addition, a rate equal to such ordinary hourly rate.

(iii) "Treble time" or "rate of treble time" shall mean when applicable to ordinary hours of work on a holiday, the ordinary hourly rate payable as part of the weekly wage and, in addition, a rate equal to twice such ordinary rate.

(iv) "Currier" is a person who uses a whitening knife, skiver slicker, whitening slicker or shaving knife, or buffing knife, or buffing slicker.

(v) "Handflesher" is a person who uses a knife for the purpose of fleshing green hides or cutting down hides or skins, or pieces before or after being fleshed by a machine.

(vi) "Table Hand" is a person engaged on any class of work done on tables, except in sole leather or as otherwise provided.

(vii) "Slab work" shall mean the pasting of pieces of split leather together for sale or use as soles, insoles, heel or toe pieces, or stiffeners, or any purpose whatsoever.

(viii) "Strainer" shall mean a person engaged at straining or tacking out of stripping or toggling or carrying boards or frames used for straining or tacking out of toggling.

(ix) "Yard employee or assistant to maintenance employee" shall mean a person engaged at assisting in repairing concrete paths or pits, cleaning drains and sewers, labouring to maintenance employee and on work of a substantially similar nature.

(x) "Shed employee" used in relation to tanneries shall include persons employed in hide houses or beamshed departments spreading out and hooking hides together to make packs ready for reeling into pits, trucking hides and taking them out of bundles, lumping hides from the lorries and cleaning up.

(xi) "Casual employee" means an employee (other than a regular employee) employed and paid by the day, who shall not be employed as a casual employee for more than ten days, from the time of commencing employment.

(xii) "Department" of a tannery or leather-dressing establishment refers only to each of the following departments: Beamshed Department, Tanning Department, (including all wet work), Curriers' Department (including rolling), Finishing Department (other than rolling), Japan Shop. Japan Shop means places where persons japanning or enamelling leather by hand or machine, or spraying, are engaged. Bark and Extract Department means places where persons are engaged grinding, bagging, making, sorting or preparing tanning extracts or assisting in preparing tanning extracts.

(xiii) "Colour Matcher" shall mean an employee engaged in the making up of and matching of watercolours, pigments and/or lacquers and/or other chemical formulations used in the matching of colours.

(xiv) "Mixer of colours and dyes" means persons engaged in the mixing of dyes after matching and where duties include mixing of dyes, preparing drums for dyeing, loading and unloading drums for dyeing.

(xv) "Chemical and/or Colour Mixer" shall mean an employee responsible for the weighing, mixing and measuring of chemicals and/or controlling and checking the process for tanning and/or dyeing in drums, vats, paddles, processors etc. and others responsible for performing similar functions in the finishing process.

(xvi) "Dye or Tanning Drum Hand" shall mean an employee engaged in the loading and unloading of drums, vats, paddles and processor, etc. and who performs chemical additions and processing tasks when and as directed.

(xvii) "Industrial Committee" means the Tanners, &c. (State) Industrial Committee.

3. CONTRACT OF EMPLOYMENT

(i) Except as to casual workers and subject to the undermentioned provisions employment shall be by the week.

(ii) Employees shall be paid for the holidays set out in clause 18, Holidays, as if worked.

(iii) Provided however, that in the event of a stoppage through breakdown of machinery or any other cause for which the employer cannot be held responsible, the employer may, on any day, notify any employee that the employee's services shall not be required on the following day or days and the employee's employment shall be temporarily terminated accordingly, and the employee shall not be entitled to be paid for the time not worked.

(iv) Termination of Employment

(a) Notice of termination by employer

(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
1 year or less	1 week
Over 1 year and up to the completion of 3 years	2 weeks
Over 3 years and up to the completion of 5 years	3 weeks
Over 5 weeks	4 weeks

(2) In addition to the notice in paragraph (a) of this subclause, 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 prescribed in subparagraph (1) and/or (2) of paragraph (a) of this subclause 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.

(4) For the purposes of this subclause, notice given at or before the commencement of any shift shall commence to run from the beginning of such shift and notice given after the commencement of a shift shall not begin to run until the commencement of the next succeeding shift.

(5) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employment not been terminated shall be used.

(6) The period of notice in this clause shall not apply in the case of dismissal for 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 specific task or tasks.

(7) For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by subclause (x), Calculation of Continuous Service, of clause 21, Annual Leave.

(b) Notice of Termination by Employee - The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary-time rate of pay for the period of notice.

Provided that where an employee, employer and the Union agree the employee may be released prior to the expiry of the notice period with payment of wages to the date of termination only.

(c) Time off During Notice Period - Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

(d) Statement of Employment - The employer shall, upon receipt of request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of employment and the classification of or the type of work performed by the employee.

(e) Summary Dismissal - Notwithstanding the provisions of subparagraph (1) of paragraph (a) of this subclause, the employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases the wages shall be paid up to the time of dismissal only.

(f) Unfair Dismissals - Termination of employment by an employer shall not be harsh, unjust or unreasonable. For the purposes of this clause, termination of employment shall include terminations with or without notice. Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

(g) Disputes Settlement Procedures - Unfair Dismissals - Any dispute or claim arising under paragraph (f) of subclause (v) of this clause shall be dealt with in the following manner -

(1) As soon as is practicable after the dispute or claim has arisen, the employee concerned shall take the matter up with the employee's immediate supervisor affording that person the opportunity to remedy the cause of the dispute or claim.

(2) Where any such attempt at settlement has failed, or where the dispute or claim is of such a nature that a direct discussion between the employee and the immediate supervisor would be inappropriate, the employee shall notify a duly authorised representative of the Union who, if such person considers that there is some substance in the dispute or claim, shall forthwith take the matter up with the employer or the employer's representative.

(3) If the matter is not settled it shall be submitted to the Industrial Committee which shall endeavour to resolve the issue between the parties by conciliation.

(4) Without prejudice to either party, work should continue in accordance with the award while the matters in dispute are being dealt with in accordance with this paragraph.

4. WAGES

(i) Weekly Employees - An adult employee shall be paid the rates of pay as set out in Table 1 - Wages, of Part B, Monetary Rates.

(ii) In addition to the rates of pay set out in the said Table 1, employees shall receive an industry loading as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Such loading shall be added to the employee's total rate and shall be payable for all purposes of the award. This includes payment on annual leave, sick leave, long service leave, bereavement leave, trade union training leave, public holidays, weekend work, shift work and overtime. The loading is payable due to the disabilities faced by employees in the industry and which include unpleasant smells, wetness, excessive deterioration of personal clothing and footwear and oppressive physical surroundings.

(iii) Full Time Employees

(a) Minimum Rates - the minimum adult weekly rates of pay for full time employees for each classification from time to time effective, are set out in Table 1, Wages, of Part B Monetary Rates of this Award.

(b) The rates of pay in this Award include the adjustments payable under the State Wage Cases of June 1998. These adjustments may be offset against:

(1) any equivalent overaward payments; and/or

(2) award increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

(iv) Casual Employees - A casual worker is a worker engaged and paid as such. A casual employee for working ordinary-time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the work an employee performs plus 20 per cent. The employment of a casual worker may be terminated by the giving of one hour's notice by either side. A period of engagement shall not exceed ten working days continuously, provided that the period may extend beyond ten days with the written consent of the Union Secretary.

(v) Part-time Workers - Where an agreement has been reached at an establishment between the employer, the majority of employees and the union, the employee may be engaged on a part-time basis.

(vi) Junior Employees - All employees under the age of 21 years shall be paid the following percentages of the appropriate adult wage as set out in subclause (ii) of this clause; provided that the full industry loading shall be paid to all juniors:

	Percentage Per Week
At 15 years of age	50
At 16 years of age	60
At 17 years of age	70
At 18 years of age	80
At 19 years of age	90
At 20 years of age	100

Provided that all such employees who have had two years continuous service and who have attained the age of 18 years shall be paid the appropriate adult rate of pay. The aggregate proportion of juniors (other that those employed as strainers or strippers) to adult shall not exceed two juniors to five adults or any fraction of five. There shall be no limitation to the number of juniors who may be employed as strainers or strippers.

(vii) Leading Hands - An employee appointed by the employer as a leading hand to supervise the work of other employees shall be paid, in addition to the rate fixed for the class of work performed by the employee, the amounts set out in Items 2, 3 and 4 of the said Table 2.

(viii) First-aid Attendant - An employee holding a St John Ambulance or equivalent first-aid certificate, appointed to attend to patients shall be paid an amount set out at Item 5 of Table 2 per week in addition to their usual weekly wage, and shall be paid for all time spent in attending lectures on first-aid during and outside working hours.

5. WAGE GROUPS

For the purposes of the groups set out in clause 4, Wages, each group shall be comprised of the following classifications - Group One (78% Relativity) -

(a) An employee in Group One performs routine duties essentially of a manual nature and to the level of their training.

(1) Performs general labouring and cleaning duties;

(2) Exercises minimal judgement;

(3) Works under direct supervision; or

(4) Is undertaking structured training so as to enable them to work at Group Two level.

Training (Compulsory) - Undertaking up to 38 hours induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout and processes, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance, timekeeping, housekeeping; Training on any one or several of specific tasks encompassed in Group Two.

(b) Trainees - The details as to requirements, training and appropriate classifying of persons who have completed a traineeship is to be determined in forthcoming discussions.

Group Two (82% Relativity) - Definitions - Person able to perform duties of a manual nature under direct supervision beyond the skills of a Group One employee:

• Assist an employee in Group Three;

• Undertakes feeding or taking-off work on automatic or semi-automatic equipment;

• Understands and undertakes basic quality control procedures;

• Maintains simple records;

• Carries out simple manual processes that require limited judgement;

• Carries out stores and inventory assistance.

The nature of the duties includes work of the following kind:

• Operation of through-flow fleshing machine;

• Buffing, Fluffing (assistant);

• Curtain Coat Operation (assistant);

• Pasting;

• Assisting in splitting;

• Setting out, Sammying (assistant);

• Vibration hydraulic staking;

• Measuring Machine Operation;

• Leather Trimming;

• Table Hands;

• Drum Hands;

• Vacuum Drying;

• Basic Stores Function;

• Toggling;

• Brushing Machine Operation;

• Humidifying Machine Operation;

• Salting Hides;

• All Other Machinists;

• Grinding Machine Operation;

• Shedmen, Yardmen;

• Sawdusting;

Training - Shall have completed all aspects of Group One training and up to "X" hours additional in-house training, including -

• Health and safety related to specific tasks to be performed, timekeeping records, and quality awareness related to particular processes.

• Quality control procedures including the ability to recognise faults and deviations.

• Proficiency and efficiency.

• Elementary tasks, skills and procedures.

Group Three (87.4% Relativity) - Definition - Person able to perform duties, with routine supervision, beyond the skills of a Group Two employee:

• Must be capable of operating and setting up a single machine or a single stage of the production process to a required level of quality and safety.

• Must be able to perform a variety of tasks in Groups One and Two.

• Must be capable of setting up and controlling machines operated by Group Two and Three employees.

• Must be able to assist in the training of operators in Groups One and Two.

• Understands and undertakes quality control procedures and be able to exercise a reasonable level of judgement.

• Maintains personal and group records.

The nature of the duties includes work of the following kind:

• Fleshing;

• Buffing, Fluffing;

• Knee staking;

• Curtain Coat Operation;

• Shaving;

• Glazing;

• Spraying;

• Hand Tipping;

• Setting out, Sammying;

Experience - Not less than six months experience as Group Two, unless otherwise agreed.

Training - Shall have completed all aspects of Group Two training and up to "X" hours additional in-house training, including -

• Health and safety related to specific tasks to be performed, timekeeping records, and quality awareness related to particular processes.

• Advanced quality control procedures.

• Proficiency and efficiency.

Group Four (92.4% Relativity) - Definition - Person able to perform duties, under general supervision, which have a major impact on the final quality of the product, and which are beyond the skills of a Group Three employee and possesses the following skills:

• Must be capable of operating and setting up complex machines to a required level of quality and safety.

• Must be capable of supervising a small team of employees operating a group of related machines.

• Must be able to perform a variety of tasks in Groups Two and Three.

• Must be capable of setting up and controlling machines operated by Group Two, Three and Four employees.

• Must be able to assist in the training of operators in Groups One, Two and Three.

• Understands and undertakes quality control procedures and be able to exercise an advanced level of judgement.

• Maintains all records associated with the particular process.

The nature of the duties includes work of the following kind:

• Currier;

• Colour Matching;

• Chemical/Colour Mixing;

• Splitting;

• Classing/Sorting;

• Fork Lift Driving;

Experience - Not less than six months experience as Group Three unless otherwise agreed.

Training - Shall have completed all aspects of Group Three training and up to "X" hours additional in-house and/or external training, including -

• Supervision, communication and management training.

• Licensed and certified for forklift driving.

Group Five (100% Relativity) - Definition - Person primarily engaged in production or maintenance who exercises substantial skills acquired by an accredited means and/or who assists in the supervision of a department:

• Must be capable of operating and setting up all machines operating within the department.

• Must be capable of carrying out maintenance and repair of machines.

• Must be able to perform all tasks in Groups Two, Three and Four.

• Must be able to assist in the training of operators in Groups One, Two, Three and Four.

• Must possess necessary keyboard skills.

• Must be able to develop and implement appropriate quality control techniques.

Experience - Not less than six months experience as Group Four.

Training - Shall have completed all aspects of Group Four training and up to "X" hours additional in-house training together with successful completion of the three-year FTAA Training Course, including: supervision, communication and management training.

6. MIXED FUNCTIONS

(i) Where an employee is engaged on any day or shift for not less than two hours on mixed functions or on work carrying a higher rate of pay than the ordinary classification, the employee shall be paid at the higher rate for the whole of the day or shift, provided that for less than two hours worked, the employee shall be paid the higher rate for the time so worked. If the hours worked by an employee on such higher classification aggregates 15 in the pay week, the employee shall be paid at the higher rate for the week.

(ii) An employee working temporarily at a job, the pay for which is less than the employee's usual pay, shall suffer no reduction in pay for the time so worked. However, such temporary relocation of the employee shall be limited to five working days, except in the case of substituting for a person on approved leave such as annual leave, etc.

(iii) The provisions of subclause (i) of this clause, shall not apply to an employee engaged for a part of this time operating a fork lift, such employee shall be paid an amount per hour extra while so engaged as set out at Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(iv) Provided further that an employee who received payment in accordance with this subclause shall not be paid at a rate in any one week greater than classification 3, "Fork Lift Operator" in clause 4, Wages.

7. SUNDAY AND HOLIDAY RATES

(i) All work performed on Sundays shall be paid for at the rate of not less than double time.

(ii) Any weekly employee who works on any holiday provided for in clause 18, Holidays, shall, for all time worked on that day, be paid at the rate of double time and a half provided that an employee working on Good Friday or Christmas Day shall be paid treble time.

(iii) An employee called upon to work on a Sunday shall be entitled to a minimum of four hours' pay and on public holidays to a minimum of four hours' pay.

8. SUPPORTED WAGE

(i) Definitions - This clause defines the conditions which will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

(a) "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

(b) "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

(c) "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 as amended from time to time, or any successor to that scheme.

(d) "Assessment Instrument" means the form provided under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(ii) Eligibility Criteria - Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productivity capacity, and who meet the impairment criteria for receipt of a Disability Support Pension.

(This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment).

(This award does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of, or are eligible for, a disability support pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the said Act or, if a part only has received recognition, that part).

(iii) Supported Wage Rates - Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing, according to the following schedule:

Assessed Capacity	Percentage of Prescribed
(subclause (d))	Award Rate
10%*	10
20%	20
30%	30
40%	40
50%	50
60%	60
70%	70
80%	80
90%	90

(Provided that the minimum amount payable shall not be less than $53.00 per week)

*Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

(iv) Assessment of Capacity - For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(a) the employer and the union, in consultation with the employee or, if desired, by any of these;

(b) the employer and an accredited assessor from a panel agreed to by the parties to the award and the employee.

(v) Lodgement of Assessment Instrument

(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission of New South Wales.

(b) All assessment instruments shall be agreed to and signed by the parties to the assessment; provided that, the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect, unless an objection is notified to the Registrar within ten working days.

(vi) Review of Assessment - The assessment of the applicable percentage should be subject to annual review, or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(vii) Other Terms and Conditions of Employment - Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other employees covered by this award paid on a pro rata basis.

(viii) Workplace Adjustment - An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.

(ix) Trial Period

(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

(b) During the trial period, the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship will be determined.

(d) Work trials should include induction or training as appropriate to the job being trialed.

(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trail period, a further contract of employment shall be entered into, based on the outcome of assessment under subclause (iv) of this clause.

9. HOURS OF WORK

(i) Subject to clause 10, Implementation of 38-Hour Week and subject to the exceptions hereinafter provided, the ordinary hours of work, shall be an average of 38 per week to be worked on one of the following bases:

(a) 38 hours within a work cycle not exceeding seven consecutive days; or

(b) 76 hours within a work cycle not exceeding 14 consecutive days; or

(d) 152 hours within a work cycle not exceeding 28 consecutive days.

(ii) Subject to subclause (v) of clause 10, Implementation of 38-Hour Week and clause 12, Overtime, not more than eight hours exclusive of meal breaks (except if paid for at overtime rates) shall be worked in any one day in each week.

(iii) The ordinary hours of employment shall be worked between the hours of 6:00 a.m. and 6:00 p.m. on Monday to Friday.

(iv) Subclauses (i), (ii) and (iii) of this clause shall not apply to shift workers.

10. IMPLEMENTATION OF 38-HOUR WEEK

(i) Ordinary hours of work shall be an average of 38 per week as provided in clause 9, Hours of Work.

(ii) Except as provided in subclauses (v) and (vi) of this clause, the method of implementation of the 38-hour week may be any one of the following:

(a) by employees working less than eight ordinary hours each day; or

(b) by employees working less than eight ordinary hours on one or more days each week, or

(d) by rostering employees off on various days of the week during a particular work cycle so that each employee has one week day off during that cycle.

(iii) In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees and the Union, the objective being to reach agreement on the method of implementation.

(iv) In the absence of agreement at plant level, the matter shall be referred:

(a) to the Secretary of the Union or Deputy at which level a conference of the parties shall be convened without delay.

(b) in the absence of agreement either party may refer the matter to the Industrial Committee for resolution.

(v) Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the plant or establishment concerned.

(vi) Notice of Days Off - Except as provided in subclause (vii) of this clause, in cases where, by virtue of the arrangement of the ordinary working hours an employee, in accordance with paragraphs (c) and (d) of subclause (ii) of this clause, is entitled to a day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to take off.

(vii) Substitute Days

(a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with subclause (ii) for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

(b) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

11. MEAL BREAKS AND REST PERIODS

(i) A break for meals shall be 45 minutes between the hours of 11.00 a.m. and 1.00 p.m., provided that the meal break may be reduced to 30 minutes or extended to 60 minutes by agreement between the shop delegates and employer.

(ii) No employee shall be called upon to work in any meal hour unless by choice.

(iii) Any employee called upon to work during a meal hour shall be paid time and one-half; such time and a half shall continue until the employee has had a meal break.

(iv) On the giving of adequate notice that a union meeting to discuss union business is to be held, the employer shall arrange on the day, for all employees to have the same meal time.

(v) An employee shall not be required to work for more than five hours without a break for a meal. Provided that:

(a) In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours an employee shall not be required to work for more than six hours without a break for a meal; and

(b) By agreement between an employer and the majority of employees in the plant, work section or sections concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.

(vi) A rest period of ten minutes between the hours of 9.30 a.m. and 10.30 a.m. or two periods of five minutes both morning and afternoon shall be given to all employees between the hours of 9.30 a.m. and 10.30 a.m. and 2.30 p.m. and 3.30 p.m. respectively. During such periods, employees may not leave their departments. Such periods shall be fixed by the employer concerned.

(vii) Boiling water shall be supplied by the employer to the employees at recognised rest periods and meal breaks.

12. OVERTIME

(i) For all work done outside ordinary hours, the rates of pay shall be time and one-half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.

For the purposes of this clause ordinary hours shall mean the hours of work fixed in an establishment in accordance with clauses 9, Hours of Work, 10, Implementation of 38-Hour Week.

(ii) In computing overtime each day's work shall stand alone and any fraction of a half hour worked shall be paid for as a half hour worked.

(iii) Any employee required to work overtime for more than one and a half hours in any one day without being notified the day before that the employee will be so required to work, shall be paid a meal allowance as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Provided further that where an employee is required to continue working for a further four hours after the payment of the first meal allowance, a further meal allowance as set out in Item 8 of the said Table 2, shall be paid.

(iv) If any employee pursuant to notice under subclause (iii) of this clause has provided him/herself with a meal and is not required to work overtime, such employee shall be paid a meal allowance in lieu of cancelled overtime as set out in Item 9 of the said Table 2 for the meal so provided.

(v) For work done outside ordinary hours piece work rates shall be increased by 50 per cent for the first two hours of each period worked, and 100 per cent thereafter.

(vi) This clause shall not apply to shift workers.

(vii) No employee shall be compelled to work more than a reasonable amount of overtime and where an employee is dissatisfied, the matter shall be taken up with the employer concerned or referred to the Industrial Committee.

(viii) If the period of overtime exceeds two hours, an employee before starting overtime after working ordinary hours, shall be allowed a crib break of 20 minutes, which shall be paid for at the ordinary time rate of pay. An employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that the employer shall not be required to make any payment for any time allowed in excess of 20 minutes.

(ix) An employee recalled to work overtime after leaving employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at overtime rates for each time the employee is so recalled; provided that, except in unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee is recalled to perform is completed within a shorter period.

(x) An employee who is required to be in readiness for recall, or who is not recalled, shall be paid at the ordinary-time rate of pay for all time held in readiness.

(xi) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

(xii) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times, shall, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(xiii) If on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(xiv) The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked

(a) For the purposes of changing shift rosters; or

(b) Where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

13. SHIFT WORK

(i) Definitions: For the purpose of this clause - "Afternoon shift" means any shift finishing after 6.00 p.m. and or before midnight.

"Night shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.; provided that the night shift on a Friday shall mean a shift finishing subsequent to midnight and at or before 7.00 a.m.

"Rostered shift" means a shift of which the employee concerned has had at least 48 hours' notice.

"Seven-day shift work" means work carried on with consecutive shifts through the 24 hours or each of the seven days of the week without interruption except during breakdowns or meal periods or due to unavoidable causes beyond the control of the employer.

(ii) Hours

(a) Subject to clauses 10, Implementation of 38 Hour-Week, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

(1) 38 hours within a period not exceeding seven consecutive days; or

(2) 76 hours within a period not exceeding 14 consecutive days; or

(3) 114 hours within a period not exceeding 21 consecutive days; or

(4) 152 hours within a period not exceeding 28 consecutive days.

Such hours to be worked between 11.00 p.m. on Sunday and 8.00 a.m. on Saturday.

(iii) Such ordinary hours shall be worked continuously except for a crib time of 20 minutes as near to the middle of each shift as possible which shall be counted as time worked.

(iv) Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

Hours - Seven-day Work Shifts

(a) Where a majority of employees involved in shift work agree seven-day shift, work may be worked as follows:

This subclause shall apply to seven-day shift workers on continuous work as hereinbefore defined. The ordinary hours of shift workers shall average 38 per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days; provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.

Subject to the following conditions, such shift workers shall work at such times, as the employer requires:

(1) A shift shall consist of not more than ten hours inclusive of crib time. Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

(2) Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

(3) 20 minutes shall be allowed to shift workers each shift for crib time which shall be counted as time worked.

(b) The minimum rate to be paid to any seven-day shift workers, as defined, for work performed:

(1) Between midnight Friday and midnight Saturday shall be time and one-half;

(2) Between midnight Saturday and midnight Sunday shall be double time;

(3) Between midnight and midnight on a public holiday shall be double time. Such extra rates payable shall be in substitution for and not cumulative upon the shift premiums prescribed in this clause.

(v) Rosters

(a) Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

(b) The method of working shifts may in any case be varied by agreement between the employer and the accredited representatives of the Union to suit the circumstances of one establishment.

(c) The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment or, in the absence of agreement, by seven days' notice of alternation given by the employer to the employees.

(vi) Afternoon or Night Shift Allowance

(a) Shift workers, while on afternoon or night shifts, shall be paid for such shifts 25 per cent more than the ordinary rates.

(b) Shift workers working on a Friday night shift shall be paid time and a half for the whole shift if the majority of the ordinary shift hours fall after 12 midnight Friday.

(vii) Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall be paid at the rate of time and a half for the first two hours and double time thereafter except where the time is worked -

(a) by arrangement between the employees themselves;

(b) on a shift to which an employee is transferred on short notice as alternative to standing the employee off in circumstances which would entitle an employer to deduct payment for a day in accordance with subclause (iv), of clause 3, Contract of Employment.

Any employee required to work overtime for more than one and a half hours in any one shift without being notified the day before that the employee shall be so required to work, shall be paid a meal allowance as set out in Item 10 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Provided further that where an employee is required to continue working for four hours after the payment of the first meal allowance, a further allowance as set out in Item 10 of the said Table 2 shall be made.

If any employee pursuant to notice under this paragraph has provided a meal and is not required to work overtime, such employee shall be paid as set out in Item 10 of the said Table 2, for the meal so provided.

(viii) Sunday and Holidays - Shift workers for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clauses 7, Sunday and Holiday Rates, and 18, Holidays. Where shifts commence between 1.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday. Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.

(ix) Employees deriving a benefit pursuant to the former subclause (vii) of this clause shall not be cease to be entitled to that benefit as a result of the removal of the provision from the award

(x) 12-Hour Shiftwork - By agreement between an employer, the union and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

• the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12-Hour Shifts;

• proper health and monitoring procedures being introduced;

• suitable roster arrangements being made; and

• proper supervision being provided.

14. SPECIAL RATES

In addition to the rates set out in Table 1 - Wages, of Part B, Monetary Rates, persons engaged in handling hides or skins in chilling stores and chambers in which temperatures are artificially reduced shall be paid an amount per hour as set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the time so employed.

15. WASHING TIME

All employees shall be allowed five minutes washing time, to be counted as time worked.

16. TOOLS OF TRADE AND DAMAGE TO CLOTHING

(i) The employer shall provide all tools, leggings, gloves (rubber and other), aprons (rubber, leather or cloth where suitable), respirators and other tools and implements of trade necessarily required by an employee in the performance of duties.

(ii) Employees working outdoors in the wet weather shall be provided with waterproof capes by the employer, for use while so working.

(iii) Rubber knee boots shall be provided by the employer on all work where necessarily required on wet drum work.

(iv) In the event of personal boots or clothing being damaged or destroyed by fire or corrosive substance other than in the normal course of usage of such boots or clothing, compensation to the extent of the damage sustained shall be made by the employer.

17. FORMALDEHYDE AND/OR CORROSIVE CHEMICALS

(i) Suitable goggle protectors shall be provided by the employer, if requested for employees using formaldehyde or breaking down sulphide.

(ii) Employees required to use formaldehyde shall be supplied with half a pint of milk per day, free of charge.

18. HOLIDAYS

(i) All employees on weekly hire shall be entitled to the holidays hereinafter mentioned or any day observed in lieu thereof without deduction of pay -

(a) New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, together with any other holiday proclaimed for the district where the employee is employed, and the Union Picnic Day; such Picnic Day to be held on the first Monday in August of each year, or the Picnic Day shall be held on such other day as shall be mutually agreed between a representative of the Union and the employer.

Anzac Day, when falling on a non-working day, shall be observed as a paid holiday for the purposes of this award on the first following Monday.

(b) Until an additional public holiday is gazetted generally for the State, employees under this award shall be entitled to an additional holiday on a day to be mutually agreed upon between the employer and the majority of the employees covered by this award.

(ii) Piece workers shall be paid for such holidays even though not worked at the appropriate piece work rate.

(iii) Where the employee is absent from employment on the working day before or after a holiday without reasonable excuse or without the employer's consent such employee shall not be entitled to payment for such holiday; the amount to be deducted shall be one-fifth of the appropriate weekly wage.

(iv) If the engagement of any employee is terminated by the employer within 14 days preceding any of the prescribed holidays, the holiday or holidays occurring during such period shall be paid for unless the employee has started work with another employer with the right of payment for the holiday or holidays.

(v) Subject to the exceptions and reservations hereinafter provided an employee shall be entitled to be absent from employment on any of the prescribed holidays hereinbefore mentioned, or on any day observed in lieu thereof without loss of pay for such holiday or holidays.

(vi) An employer requesting an employee to work on any of the prescribed holidays hereinbefore mentioned or on any day observed in lieu thereof shall give to such employee 14 days clear notice prior to such prescribed holiday or holidays of such requirement to work.

(vii) An employee who is requested to work on any of the prescribed holidays and to whom notification as provided in subclause (vi) of this clause has not been given shall be paid double time rates or rate of double time in addition to such ordinary rate as such employee would have received had such employee not so worked, and no employer shall compel any employee to work on Anzac Day.

(viii) An employee who agrees to work on any of the prescribed holidays and who fails to attend for such duty shall not be entitled to payment for such holiday or holidays as the case may be providing such failure to attend for work is not due to illness or accident as construed and applied by the provisions of clauses 19, Sick Leave, and 34, Accident Pay.

(ix) In the case of an employee whose ordinary hours of work are arranged in accordance with paragraphs (a), (b), (c) and (d) of subclause (i) of clause 9, Hours of work, the weekday to be taken off shall not coincide with a public holiday fixed in accordance with paragraphs (a) and (b) of subclause (i) of this clause. Provided that, in the event that a public holiday is prescribed after an employee has been given notice of their weekday off in accordance with subclause (vii) of clause 10, Implementation of 38-Hour Week, and the public holiday falls on the week day the employee is to take off, the employer shall allow the employee to take the day off on an alternative weekday.

19. SICK LEAVE

(i) An employee on weekly hire absent through illness or accident shall not be entitled, during the first year of service (whether in the employ of one employer or several, except as hereinafter provided) to leave in excess of 38 hours of working time which shall accrue on the basis of 3 1/6th hours per completed months of service.

Sick leave shall not be paid during the first eight weeks of employment. An employee, in the second and subsequent years of service, shall be entitled to leave not in excess of 61 hours working time. For this purpose, a year shall commence from the individual employee's anniversary of commencing employment.

(ii) An employee on weekly hire before becoming entitled to sick pay shall, if required to do so by the employer, produce a doctor's certificate or statutory declaration. This does not alter the right of an employer to request an employee to furnish medical evidence for any sick leave absence.

(iii) An employee shall not be entitled to sick leave unless the employee has been in the service of the employer concerned for at least eight weeks immediately prior to such absence.

(iv) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (i) of this clause which has, in any year, not been allowed to an employee by an employer as paid sick leave, may be claimed by an employee and, subject to the conditions hereinbefore prescribed, shall be allowed by that employer in a subsequent year without diminution of any sick leave prescribed in respect of that year.

(v) An employee, before becoming entitled to sick leave, shall effect notification to the employer of inability to attend for duty prior to commencement of the employee's shift and/or day work and as far as practicable state the nature of the illness or incapacity and the estimated duration of such absence.

(vi) An employee may elect at the completion of each calendar year of employment to receive the money value of all untaken leave that accrued during that calendar year; provided that the employer must maintain an accumulation of leave equal to at least three years' entitlement.

(vii) Where an employee is sick or injured on the weekday to be taken off in accordance with paragraphs (c) or (d) of subclause (ii) of clause 10, Implementation of 38-Hour Week, the employee shall not be entitled to sick pay nor will sick pay entitlement be reduced as a result of such sickness or injury that day.

(viii) Employees claiming sick leave on the day before or the day after a rostered day off taken in accordance with paragraphs (c) or (d) of subclause (ii) of the said clause 10, if requested by the employer, shall provide proof of illness or injury as prescribed in subclause (ii) of this clause.

20. 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 19, Sick Leave of this Award as varied, 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.

(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 defacto spouse, who in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or defacto spouse of the employee; or

(d) a same sex partner who lives with the employee as the defacto 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 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 Purposes

(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 (i) 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 Holiday’s 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 inclusive 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 the 12 months of the said election.

(b) Overtime taken as time off during ordinary 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 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 on shift work 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.

21. ANNUAL LEAVE

(i) Except as hereinafter provided, a period of 28 consecutive days' leave with payment of ordinary wages as prescribed, shall be allowed annually to an employee on weekly hire by the employer after a period of 12 months' continuous service with such employer.

(ii)

(a) The annual leave prescribed by this clause shall be exclusive of any of the public holidays prescribed by this award, if any such holiday falls within an employee's period of annual leave, there shall be added to that period one day for each such holiday falling as aforesaid.

(b) Where an employee, without reasonable excuse, proof whereof shall lie upon the employee, is absent from the employment on the working day or part of the working day prior to the commencement of annual leave, or fails to resume work at the ordinary starting time on the working day immediately following the last day of the period of the annual leave, the employee shall not be entitled to payment for the public holidays which fall within the period of the employee's annual leave.

(iii) Notice of Leave to be Given - At least six weeks' notice shall be given to an employee on weekly hire as to when the employee is to commence leave and, if such notice be withdrawn by an employer, the employee, if such leave is postponed, shall be compensated by the employer for any reasonable out of pocket loss occasioned thereby and, in the case of dispute, it shall be settled by the Industrial Committee.

(iv) Time When Leave to be Granted - Annual leave shall be given at a time fixed by the employer within a period not exceeding three months from the date when the right to annual leave accrued and after not less than six weeks' notice to the employee.

(v) Leave to be Given and Taken - The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided in subclause (viii) of this clause, payments shall not be made or accepted in lieu of annual leave.

(vi) Payment of Wages - An employee, before going on leave, shall be paid the amount of wages the employee would have received in respect of ordinary time the employee would have worked had the employee not been on leave during the relevant period.

For the purpose of this subclause, wages to be received for annual leave shall be calculated as follows:

(1) At the rate applicable to the employee as prescribed by subclause (i) Weekly Employees, subclause (iv), Junior Employees, subclause (vi), First-aid Attendant, of clause 4, Wages and clause 8, Supported Wage, and

(2) At the rate prescribed by clause 13, Shift Work, according to the roster or projected roster; and

(3) At any additional rate to which the employee is otherwise entitled in accordance with the contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reason as or is paid in lieu of these payments prescribed by clauses 14, Special Rates, and 12, Overtime, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.

(4) In the case of an employee carrying out work under any scheme of payment by results, whether in accordance with clause 27, Payment for Piece Work and Task Work, or otherwise, at the rate which is the weekly average of payments made to the employee under such scheme for the period actually worked by the employee during ordinary hours during the last three - monthly period in respect of which such payments have been calculated prior to the time of going on leave or termination of employment as the case may be, or if the employee has worked under such scheme for a lesser period immediately prior to going on leave, at the rate which is the weekly average of payments made during such lesser period.

(5) At the rate payable pursuant to clause 6, Mixed Functions, calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.

(vii) Loading on Annual Leave - During a period of annual leave, an employee shall receive a loading calculated on the rate of wage prescribed by subclause (vi), of this clause.

The loading shall be as follows:

(a) Day Workers - An employee who would have worked on day work only had the employee not been on leave - a loading of 17.5 per cent.

(b) Shift Workers - An employee who would have worked on shift work had the employee not been on leave - a loading of 17.5 per cent.

Provided that where the employee would have received shift loadings prescribed by clause 13, Shift Work, had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17.5 per cent then the shift loading shall be added to the rate of wage prescribed by subclause (vi), of this clause, of the 17.5 per cent loading: Provided further that, if the shift loadings would have entitled the employee to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wage prescribed by subclause (vi), of this clause, in lieu of the shift loadings.

The loading prescribed in this subclause shall not apply to proportionate leave on termination in the first 12 months of employment.

(viii)

(a) An employer may grant annual leave to an employee before the right thereto has accrued due, but where leave is taken in such a case, a further period of annual leave shall not commence to accrue until the expiration of the 12 months in respect of which annual leave had been taken before it accrued.

(b) Where such leave has been granted to an employee and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months' continuous service in respect of which the leave was granted, the employer may, for each complete month of the qualifying period of 12 months not served by the employee, deduct from whatever remuneration is payable upon the termination of the employment, one-twelfth of the amount of wage paid on account of annual leave which amount shall not include any sums paid for any of the holidays prescribed in clause 18, Holidays: Provided that, in cases where such leave is granted at the request of the employee, the employer may, when making payment under subclause (vi), of this clause, withhold from the employee a sum equal to one-twelfth of the amount payable under the said subclause for each complete month of the qualifying period not served by the employee at the time of going on such leave and retain such sum until the expiration of such qualifying period.

(ix) Proportionate Payment on Termination - If, after one month's continuous service in any qualifying 12-month period, an employee lawfully leaves the employment, the employee shall be paid in accordance with subclause (vi) of this clause, for 12.66 hours at the same rate in respect of each completed month of continuous service, the service being service in respect of which leave has not been granted in accordance with this clause. Where the employment is terminated by the employer (through no fault of the employee), the employee shall also be paid at the ordinary rate of wage for any service of less than a completed month on the basis of 2.923 hours for each 38 ordinary hours worked, in respect of which leave has not been granted.

Provided further that the provision of subclause (vii) will also apply to such employees and who have been employed for more than 12 months.

(x) Calculation of Continuous Service:

(a) Continuity of service shall be deemed to be continuous notwithstanding:

(1) Any interruption or determination of the employment by the employer if such interruption or determination has been made with the intention of avoiding obligations hereunder in respect of annual leave;

(2) Any absence from work of not more than 14 days in the 12 months on account of sickness or accident (proof whereof shall be on the employee).

(3) Any absence on account of leave granted, imposed or agreed by the employer; or

(4) An absence due to reasonable cause (including absences on account of sickness or accident) of more than 14 days (proof whereof shall be on the employee).

Provided that, in cases of personal sickness or accident or absence with reasonable cause, the employee, to become entitled to the benefit of this subclause shall, if practicable, inform the employer in writing 24 hours after the commencement of such absence of an inability to attend for duty and as far as practicable, the nature of the illness, injury or cause and the estimated duration of the absence.

(5) Any absence of worker's compensation.

(b) In calculating a period of 12 months' continuous service:

(1) (A) Any annual leave therein; and

(B) Any absence of any kind mentioned in subparagraphs (1), (2) and (5) of paragraph (a) of this subclause, counted as part of such period.

(C) In respect of absences of the kind mentioned in subparagraphs (3) and (4) of paragraph (a) of this subclause, the employee shall serve such additional period as part of the qualification for annual leave as will equal the period of such absence.

(D)

(i) Any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer, during the absence of within 14 days of the termination of the absence, has notified the employee in writing that such absence will be regarded as having broken the continuity of service.

(ii) Where an employee has been absent from employment and the employer has notified the employee that such absence is regarded as a break in the continuity of service, the employee may, within 14 days of such notification from the employer, appeal to the Industrial Committee against such notification of the employer.

(xi) Calculation of Month - For the purpose of this clause a month shall be reckoned as commencing with the beginning of the first day of employment or period of employment in question and as ending at the beginning of the day which, in the latest month in question, has the same date number which the commencing day had in its month and, if there be no such day in such subsequent month, shall be reckoned as ending at the end of such subsequent month.

(xii) Successor of Assignee or Transmittee - Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when he/she became such successor or assignee or transmittee, the employee, in respect of the period during which the employee was in the service of the predecessor, shall for the purpose of this clause, be deemed to be in the service of the employer.

(xiii) Annual Close Down - Where an employer closes down the plant or a section or sections thereof for the purpose of allowing annual leave to all or the bulk of the employees in the plant or section or sections, the following provisions shall apply:

(a) The employer may, by giving not less than three months' notice of the employer's intention to do so, close down the plant or section or sections thereof either for:

(1) one period of 28 consecutive days (exclusive of any public holidays prescribed by this award) each year or;

(2) for two separate periods each year (hereinafter referred to as the first or second close down);

The first close down shall be of 21 consecutive days (exclusive of any public holidays prescribed by this award);

(3) by agreement with the majority of employees and the Union, two or three separate periods, one of which shall be for 14 consecutive days (exclusive of public holidays) and the rest to be taken either in one period or, if taken in two periods, they are to be each of seven consecutive days.

In all circumstances the longest period of close down, whether it be for 14, 21, or 28 days, shall commence in the month of December each year with the balance to be taken during the year.

(b) Each employee affected shall be credited with 12.66 hours pay for each completed month of continuous service (in respect of which leave has not previously been granted) during the 12 months ending on the day immediately preceding the re-opening of the plant or section or sections thereof after each first close down.

(c) Except to the extent than an employee has leave to his/her credit under the provisions of paragraph (b) of this subclause at the date of the close down the employee shall be stood off without pay during the period of any close down.

(d) Any employee who, at the date of the first close down, has qualified for four full weeks' leave and has also completed a further month or more or continuous service shall also be paid 12.66 hours pay in respect of each completed month of continuous service performed since the close of the employees last 12-monthly qualifying period.

(e) The next 12-monthly period for each employee affected by such close downs shall commence from the day on which the plant or section or sections concerned is re-opened for work after the first close down. Provided that all time during which an employee is stood off without pay for the purposes of this subclause shall be deemed to be of service in the next 12- monthly qualifying period.

(f) If, in the first year of service with an employer, an employee is allowed proportionate annual leave under this subclause and, subsequently within such year lawfully leaves the employment or the employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of subclause (xi) of this clause subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

(g) Any employee who terminates the employment or is dismissed for any reason after the first close down and before any balance of leave due at the date under paragraph (b) of this subclause has been granted, shall be paid such balance on termination or dismissal: Provided that nothing in this paragraph shall affect the operation of this subclause in respect of service in the period following the first close down.

(h)

(1) In addition to the leave hereinbefore prescribed, seven-day shift workers, as defined, shall be allowed seven consecutive days' leave including non-working days.

(2) Where an employee with 12 months continuous service is engaged for part of the 20-monthly period as a seven- day shift worker, the employee shall be entitled as prescribed in subclause (i) of this clause to increase pro rata for each month continuously engaged as a seven-day shift worker.

22. PARENTAL LEAVE

Refer Industrial Relations Act 1996.

23. LONG SERVICE LEAVE

Refer Long Service Leave Act 1955.

24. BEREAVEMENT LEAVE

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed by the said subclause (iii) of this clause.

(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer, proof of death.

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 20, Personal Carer’s Leave of this Award provided that, for the purpose of bereavement leave, the employee need not have been responsible for the are of the person concerned.

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) (5) and (6) of the said clause 20. In determining such a request the employer will give consideration to the consideration to the circumstances of the employee and the reasonable operational requirements of the business.

25. JURY SERVICE

An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage that would have been received in respect of the ordinary time that would have been worked had such employee not been on jury service.

An employee shall notify the employer as soon as possible of the date upon which attendance is required for jury service. Further the employee shall give the employer proof of attendance and the amount received in respect of such injury service.

26. PAYMENT OF WAGES

(i) Wages shall be paid not later than Thursday in every week; furthermore, such wages shall be paid at least 15 minutes prior to the normal ceasing time on such pay day. An employee kept waiting after normal ceasing time for the payment of wages, shall be paid for such time as overtime rates.

(ii) Not more than two days' pay over and above that becoming due shall be kept in hand; provided that where a holiday occurs on the pay day or the day following pay day, the employee shall be paid on the day preceding the usual pay day, subject to any overtime or incentive payment being carried forward to the next week.

(iii) Any employee who has worked only a portion of a week and who is dismissed by the employer or had left the employment after giving a week's notice by complying with clause 3, Contract of Employment, of this award, shall be paid on ceasing work for all time worked during that week, less any deductions that the employer may be lawfully entitled to make.

Provided that in the event of termination occurring outside the establishments normal office hours, such wages shall be made available no later than 10.00 am on the following day except that bonus and payment relating to piecework shall be posted to the employee within 48 hours of termination.

(iv) Each employer shall, if deemed necessary, be entitled to retain in hand from each employee an amount equal to two days' wages for each employee.

(v) On the pay day the employer shall state in writing to each employee the amount of wages to which the employee is entitled, the amount of deductions made there from, and the net amount due being paid to the employee.

(vi) Any employee shall be paid overtime rates for all time travelling when transferred from point to point outside the regular working hours, together with travelling expenses, or where such employee is called back from home to work outside ordinary working hours.

(vii) Where an employer and the majority of employees agree, wages may be paid by cheque or bank deposit.

In any event after three months' notice from the employer to the employees the employer may at the employer's discretion make payment by cheque or direct bank deposit.

(viii) Wages shall be paid as follows:

Employee who actually works 38 ordinary hours each week:

(a) In the case of an employee whose ordinary hours of work are arranged in accordance with Clause 10 of this Award so that the employee works 38 ordinary hours each week, wages shall be paid weekly according to the actual ordinary hours worked each week.

Employee who works an average of 38 ordinary hours each week

(b) Subject to subclause (ix) and (x) hereof, in the case of an employee whose ordinary hours of work are arranged in accordance with Clause 10 of this award, so that the employee works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

SPECIAL NOTE: Explanation of Averaging System:

As provided in this subclause, an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle is to be paid wages on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out below:

(a) Clause 10 Implementation of 38 Hour Week provides in paragraphs (ii)(c) and (d) that in implementing a 38 hour week the ordinary hours of an employee may be arranged so that the employee is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply.

(b) If the 38 hour week is to be implemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four consecutive weeks) the employee's ordinary hours were arranged on the basis that for three of the four weeks the employee worked 40 ordinary hours each week and in the fourth week the employee worked 32 ordinary hours. That is, the employee would work for 8 ordinary hours each day Monday to Friday inclusive for three weeks, and 8 ordinary hours on four week days only in the fourth week - a total of 19 days during the work cycle.

(c) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in Clause 4, Wages, of this Award, and shall be paid each week even though more or less than 38 ordinary hours are worked that week.

In effect, under the averaging system the employee accrues a 'credit' each day the employee works actual ordinary hours in excess of the daily average which would otherwise be 7 hours 36 minutes. This 'credit' is carried forward so that in the week of the cycle that the employee works on only four days, the actual pay would be for an average of 38 ordinary hours even though, that week, the employee works a total of 32 ordinary hours. Consequently, for each day an employee works 8 ordinary hours the employee accrues a 'credit' of 24 minutes (0.4 hours). The maximum 'credit' the employee may accrue under this system is 0.4 hours on 19 days; that is, a total of 7 hours 36 minutes.

(d) As provided in subclause (a) of this clause, an employee will not accrue a 'credit' for each day absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service. When an employee is absent from duty because of annual leave, workers' compensation, bereavement leave or jury service, the entitlement is determined in accordance with the appropriate award provision dealing with such entitlements.

(ix) Absences from Duty:

(a) An employee whose ordinary hours are arranged in accordance with 10(ii)(c) and (d) of this Award and who is paid wages in accordance with paragraph (viii)(b) hereof and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) shall, for each day so absent, lose average pay for that day calculated by dividing the average weekly wage rate by 5.

An employee who is so absent from duty for part of a day shall lose average pay for each hour absent by dividing average daily pay rate by 8.

(b) Provided, when such an employee is absent from duty for a whole day the employee will not accrue a 'credit' because the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which the employee would otherwise have been paid. Consequently, during the week of the work cycle the employee is to work less than 38 ordinary hours the employee will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the 'credit' the employee does not accrue for each whole day during the work cycle the employee is absent.

The amount by which an employee's average weekly pay will be reduced when absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) is to be calculated as follows:

Total of credits not accrued during cycle x average weekly pay

Examples:

(An employee's ordinary hours are arranged so that the employee works 8 ordinary hours on five days of each week for 3 weeks and 8 ordinary hours on four days of the fourth week).

(1) Employee takes one day off without authorisation in the first week of cycle.

Week of Cycle Payment

1st week = average weekly pay less one day's pay (i.e. less 1/5th)

2nd and 3rd weeks = average weekly pay each week

4th week = average pay less credit not accrued on day of absence

= average pay less

0.4 hours x average weekly pay

(2) Employee takes each of the 4 days off without authorisation in 4th week.

Week of Cycle Payment

1st, 2nd and 3rd weeks = average pay each week

4th week = average pay less 4/5ths of average pay for the four days absent

less total of credits not accrued that week

= 1/5 average pay less

4 x 0.4 hours (1.6 hours)

average weekly pay

(x) Alternative Methods of Payment

(a) Provided that in the case of an employee who prior to 25 May 1989, was working less than 40 ordinary hours each week and who was paid by a method different from that provided for in subclauses (vii) and (viii) hereof, such method may be continued.

(b) Provided further that, where the employer and the majority of employees concerned agree, an alternative method of paying wages to that provided in subclauses (vii) and (viii) hereof may be introduced.

(xi) Day Off Coinciding with Pay Day

In the event that an employee by virtue of the arrangement of the ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

27. PAYMENT FOR PIECE WORK AND TASK WORK

Subject to the following provisions, piece work or any other system of payment by results may be adopted by an employer as long as such rates permit employees of average capacity to earn at least ten per cent in addition to the total wages to which they are otherwise entitled under this award.

(i) The piece work rates now operating shall not be varied except in the manner hereinafter provided.

(ii) Piece work rates may be fixed or varied by factory boards consisting of two representatives of any employer, one of the employees and one representative of the Union. If any such board is unable to agree on any rate or rates proposed by the employer, the matter in dispute shall be referred to the Chairman of the Industrial Committee whose decision shall be final.

(iii) If the employees of the factory or the Union fail to appoint representation to any such board or fail to attend a meeting of such board called by the employer on a date not less than seven days after the service of notice on the Secretary of the Union, the employer may adopt such piece work rates which the employer deems reasonable without the authority of a board.

28. Time and Wages Records

Refer Industrial Relations Act 1996

29. Right of Entry of Union Officials

Refer Industrial Relations Act 1996

30. BREACHES OF THE AWARD

The registered officers of the Union or the Secretary or the Organiser of any section of the Union shall have power to visit and inspect departments in any establishment in which it is suspected that a breach of this award has been or is being committed, and reasonable facilities shall be granted for the purpose of investigating such supposed or alleged breach. Each visit and inspection shall be carried out with as little interruption to the work as possible.

The official or officials making such inspections shall be entitled to take a copy of the entries in time and wages books relating to the suspected breach of the award.

31. SHOP DELEGATES AND NOTICE BOARD

(i) Shop delegates in each workshop shall be allowed the necessary time during working hours to interview the employer or representatives on matters affecting the employees whom they represent.

(ii) Shop delegates shall be allowed the maximum of one hour per week after pay day to collect Union dues during working hours without deduction of pay. Such time shall be fixed at a time most convenient to and at the employer's discretion.

(iii) Shop delegates or Union representatives shall be granted every facility in carrying out their duties. In shops where there are no shop delegates, the Union Secretary or Union organiser shall act as shop delegate and shall have the power to visit and enter such shop at any time for the purpose of collecting dues and carrying out the duties of shop delegates.

(iv) An employer shall provide notice boards in the establishment in the workroom of each department, and the Union shall be permitted to post any notice thereof in connection with meetings or other Union business which it may require to have posted.

(v) Every employer shall post and keep posted a copy of the award and variations thereof in a place accessible to all employees.

32. UNION BUSINESS

Officers or members of the Union may leave their work to attend to the business of the Union after at least three days' notice has been given to the employer but without being paid while absent.

33. TRADE UNION TRAINING LEAVE

A weekly employee nominated by the union shall be allowed leave without loss of pay to attend trade union training courses conducted by the relevant trade union authority subject to the following conditions:

(i) An accredited union representative shall, upon application in writing from the union be granted up to five days leave with pay each calendar year, non-cumulative to attend trade union training courses.

The following scale shall apply:

No. of Weekly Employees Covered by this Award	Max No. of Employees Eligible to attend Per Year	Maximum No. of Days Permitted Per Year
5 - 15	1	5
16 - 30	2	10
31 - 50	3	15
51 - 100	4	20
101 and over	5	25

(a) This clause shall not apply to employers who employ less than five employees unless otherwise agreed between the employer and the union.

(b) Where the employer has more than one establishment the calculation for the number of employees engaged shall apply separately at each such establishment.

(ii) The application for leave shall contain the following details:

(a) The period of time for which leave is sought.

(b) The description and content of the course (if available) to be attended and where the course is to be conducted by the trade union training authority.

(c) Where application is made for leave to attend a course not conducted but approved by the Trade Union Training Authority, the employer and any employer's association of which the employer is a member, shall be notified of the description and content of the course.

(iii)

(a) The granting of such leave shall be subject to the union giving not less than six weeks notice in writing or such lesser period as may be agreed between the employer and the union.

(b) An employee who has completed six months service with the current employer (no lesser period of service as may be agreed upon between the employer and the union) shall be eligible for such leave.

(iv)

(a) The time of taking such leave shall be arranged so as to minimise any adverse effect on the employer's operation.

(b) An employer shall not use this subclause to avoid its obligation under this clause.

(v) An employer shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary time earnings for such absence. For the purposes of this clause ordinary time earnings shall be defined as the relevant award classification rate including supplementary payment and shiftwork loadings where relevant plus overaward payment where applicable.

(vi) Leave rights granted in accordance with this clause will not result in an additional payment or alternative time off to the extent that the course attended coincides with an employee's day off in the 19-day month work cycle or with any other professional leave.

(vii)

(a) An employer may require an employee to provide proof of attendance at the course before payment is made for the period of leave. Where an employee is sick during a period when leave pursuant to this clause has been granted proof of attendance at the course is not required for that period and the employee shall receive payment where entitled under clause 19, Sick Leave.

(b) Leave of absence granted pursuant to this clause shall count as service for all purposes.

34. ACCIDENT PAY

(i) An employer shall pay, and an employee shall be entitled to receive, accident pay in accordance with this clause.

(ii) Definitions: For the purposes of this clause and subject to the terms thereof, the words hereunder shall bear the respective definitions set out hereunder -

(a) Workers' Compensation Act:

The Workers' Compensation Act applicable in the State of New South Wales (hereinafter referred to as the respective Act) means the Workers' Compensation Act, 1987 as amended, from time to time.

(b) Injury:

For the purposes of this clause, injury shall be given the same meaning and application as applying under the respective Act and no injury occurring at the place of employment shall result in the application of accident pay unless an entitlement exists under such respective Act.

(1) Total Incapacity: - In the case of an employee who is or is deemed to be totally incapacitated within the meaning of the respective Act, means a weekly payment of an amount representing the difference between, on the one hand, the total amount of compensation, including other allowances, paid to the employee during incapacity pursuant to the respective Act for the week in question and, on the other hand, the total weekly award rate and weekly overaward payment, if any, being paid to such employee at the date of the injury giving rise to the said payment of compensation, together with or less, as the case may be, any variation in award rates which would have been applicable to the classification of such employee for the week in question if the employee had been performing normal duties providing that, in making such calculation, any payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment by results, fares and travelling time allowances, penalty rates and any other ancillary payments payable by the employer, shall not be taken into account.

(2) Partial Incapacity: - In the case of an employee partially incapacitated within the meaning of the respective Act, means a weekly payment of an amount representing the difference between on the one hand, the total amount of compensation paid to the employee during incapacity pursuant to the respective Act for the week in question, together with the average weekly amount the employee is earning or is able to earn in some suitable employment of business (as determined expressly or by implication by the Workers' Compensation Commission or its equivalent or as agreed between the parties) and, on the other hand, the total weekly award rate and weekly overaward payment, if any, being paid to such employee at the date of the injury giving rise to the said payment of compensation together with or less, as the case may be, any variation in award rates which would have been applicable to the classification of such employee for the week in question if the employee had been performing normal duties providing that, in making such calculations any payment for overtime earnings shift premiums, attendance bonus, incentive earnings under any system of payment by results, fares and travelling time allowances, penalty rates and any ancillary payments by the employer, shall not be taken into account.

The total weekly award rate and weekly overaward payment abovementioned shall be the same as that applying for a total incapacity provided that, where an employee receives a weekly payment of compensation under the respective Act and subsequently, such payment is reduced pursuant to the said Act, such reduction shall not increase the liability of the employer to increase the amount of accident pay in respect of that injury.

(3) Payment for Part of a Week: - Where an employee receives accident pay and such pay is payable for incapacity for part of a week, the amount shall be a direct pro-rata.

(iii) Qualifications for Payment: Always subject to the terms of this clause, an employee covered by this award shall, upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the respective Act, be paid accident pay by the employer who is liable to pay compensation under the respective Act, which said liability by the employer for accident pay may be discharged by another person on the employer's behalf, provided that:

(a) Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom the employee was employed at the time of the incapacity and then only for such period as the employee receives a weekly payment under the respective Act. Provided that if an employee on partial incapacity cannot obtain suitable employment from the employer but such alternative employment is available with another employer, then the relevant amount of accident pay shall be payable.

Provided further that in the case of the termination by an employer of an employee who is incapacitated and who except for such termination would have been entitled to accident pay, accident pay shall continue to apply, subject to the provisions of this Award except in those cases where -

(1) the termination is due to serious and/or wilful misconduct on the part of the employee; or

(2) arises from a declaration of liquidation of the company in which the employee's entitlement shall be determined by the appropriate legislation.

In order to qualify for the continuance of accident pay on termination, an employee shall, if required, provide evidence to the employer of the continuing payment of weekly workers' compensation payments.

(b) Accident pay shall not apply to any incapacity occurring during the first four (4) weeks of employment unless such incapacity continues beyond the first four (4) weeks and then, subject to paragraph (c) of this subclause and to the maximum period of payment prescribed elsewhere herein, accident pay shall only apply to the period of incapacity after the first four (4) weeks.

(d) An employee on engagement may be required to declare all workers' compensation claims made in the previous five (5) years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit the entitlement to accident pay under this award.

(iv) Maximum Period of Payment: The maximum period or aggregate of periods of accident pay to be made by an employer shall be at total of thirty nine (39) weeks for one (1) injury as defined in paragraph (b) of subclause (ii) of this clause.

(v) Absence on Other Paid Leave: An employee shall not be entitled to the payment of accident pay in respect of any period of paid annual leave, or long service leave, or for any paid public holiday in accordance with the appropriate award provisions.

(vi) Notice of Injury: An employee, upon receiving an injury for which he claims to be entitled to receive accident pay, shall give notice in writing of the said injury to the employer, and of its manner of happening as soon as practicable after the happening thereof, and shall provide, in writing, all other information as the employer may reasonably require.

(vii) Furnishing of Evidence: An employee who has suffered injury for which the employee is receiving payment or payments for incapacity in accordance with the provisions of the respective Act shall furnish evidence to the employer from time to time as required by the employer of such payment and compliance with this obligation shall be a condition precedent to any entitlement under this clause.

Any employee who is receiving or who has received accident pay in respect of any injury shall, if required by the employer or other person on the employer's behalf, authorise the employer to obtain any information required by such employer concerning such injury or compensation payable in respect thereof from the insurance company that is liable to pay compensation to such employee pursuant to the respective Act.

(viii) Medical Examination: Nothing in this clause shall in any way be taken as restricting or removing the employer's rights under the respective Act to require the employee to submit to such examination by a legally qualified medical practitioner, provided and paid by the employer, and if the employee refuses to submit to such examination or in any way obstructs the same, the employee's rights to receive or continue to receive accident pay shall be suspended in like manner as the right to compensation is suspended pursuant to the respective Act until such examination has taken place.

Where in accordance with the respective Act, a medical referee gives a certificate as to the condition of the employee and fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee or the employee fails to commence the work, accident pay shall cease from the date of such refusal or failure to commence the work.

Where an employer is unable to provide work of the nature stipulated by the medical referee, an employee shall take all reasonable steps to obtain such work with another employer and in the event of the employee's failure to do so, payment of accident pay shall cease.

(ix) Where there is redemption of weekly compensation payments by the payment under the respective Act of a lump sum, the employer's liability to pay accident pay shall cease as from the date of such redemption.

(x) Civil Damages Claim:

(a) An employee receiving or who has received accident pay shall advise the employer of any action the employee may institute or any claim the employee may make for damages. Further, the employee shall, if required, authorise such employer to obtain information as to the progress of such action or claim from the employee's solicitors and shall, if required, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.

(b) Where an employee obtains a verdict for damages against the employer or is paid an amount of money in settlement of any claim for damages that the employee has made against the employer in respect of any injury for which the employee has received accident pay, the employer's liability to pay accident pay shall cease from the date of such verdict: Provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer, the employee, immediately upon payment of such verdict or amount in settlement, shall pay to the employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

(c) Where an employee obtains a verdict for damages against a person other than the employer, or is paid an amount of money in settlement of any claim for damages that has been made against such person in respect of an injury for which the employee has received accident pay, the employer's liability to pay accident pay shall cease from the date of such verdict: Provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer, the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

(xi) Insurance Against Liability: Nothing in this clause shall require an employer to insure against liability for accident pay, nor shall it affect the right of an employer to terminate the employment of the employee.

(xii) Variation in Compensation Rates: Any changes in compensation rates under the respective Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

(xiii) Death of Employee: All rights to accident pay shall cease on the death of an employee.

(xiv) Disputes: In the event of any dispute arising as to the entitlement of an employee to payment of accident pay in accordance with the provisions of this award, the matter shall, if any party to this award so requires, be referred to the Industrial Committee.

(xv) Safety Regulations: Without prejudice to the terms of this clause, the Union shall use its best endeavours to have its members carry out all statutory and other regulations applicable to the employment of such members and to further carry out any orders relating to the preservations of safety given by or on behalf of any employer of its members.

(xvi) This clause shall apply in respect of incapacity resulting from injury where such incapacity and injury causing such incapacity as aforesaid occurred on or after 1 March 1973.

35. REDUNDANCY

(i) Application

(a) This clause shall apply in respect of full-time and part-time employees employed in the classifications specified by this award.

(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 award, 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 step as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) Notwithstanding anything contained elsewhere in this award, 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, programme, 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 alternation 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 this award makes provision for alternation 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) of this subclause, 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 subclause.

(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 to be done by anyone pursuant to paragraph (a) of subclause (ii), Introduction of Change, 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 paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(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 termination, the number and categories of employees likely to be affected and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(iv) Termination of Employment

(a) Notice for Changes in Production, Programme, Organisation or Structure - This paragraph 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 paragraph (a) of subclause (ii) of this clause.

(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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology in accordance with paragraph (a) of subclause (ii) of this clause:

(1) In order to terminate the employment of an employee the employer shall give to the employee three 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 subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(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 purpose 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 Centrelink - Where a decision has been made to terminate employees, the employer shall notify the Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(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 the Centrelink.

(h) Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

(iv) Severance Pay

(a) Where an employee is to be terminated pursuant to subclause (iv) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) if an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of service	Under 45 years of age entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(2) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of service	45 years of age and over entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

"Week's Pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award

(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) of this subclause. The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant and the probable effect paying the amount of severance pay in the said paragraph (a) will have on the employer.

(c) Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (a) if the employer obtains acceptable alternative employment for an employee.

(v) Procedures Relating to Grievances - Grievances relating to individual employees will be dealt with in accordance with clause 37, Disputes Resolution.

36. SUPERANNUATION

The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

A DEFINITIONS

In this award, unless the contrary intention appears:

(i) 'The Fund' shall mean the Australian Retirement Fund (ARF), established and governed by a Declaration of Trust dated 11 July 1986 as amended from time to time.

(ii) 'The Union' shall mean The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

(iii) 'Ordinary Pay' shall include the classification rates, overaward payments and shift loadings.

(iv) 'Employee' means an employee other than an employee specifically told on engagement that the employee is to be employed as a casual.

B ELIGIBILITY OF EMPLOYEES

An employee shall be eligible for membership of the Fund on the first day of the calendar month following completion of two calendar months' employment.

C ELIGIBILITY OF EMPLOYERS

Employers bound by this Award shall become parties to the Fund upon the acceptance by the Trustee of the Fund of an application to become a participating employer of the Fund, duly signed by the employer and the Trustee.

D CONTRIBUTIONS

(i) On behalf of each employee member of the Fund each employer shall pay to the Trustee of the Fund contributions as specified in Item 12 of Table 2 Other Rates and Allowances of Part B, Monetary Rates.

(ii) Contributions shall be made in respect of each completed week of service for which an employee is a member of the Fund.

(iii) Upon an employee being admitted as a member of the Fund the employer shall pay to the Trustee of the Fund appropriate contributions for the previous calendar month.

(iv) A pro rata deduction shall be made from the weekly contribution for each complete day an employee is absent from work without authorisation or on unpaid leave.

(v) The obligation of the employer to contribute to the Fund in respect of an employee shall cease on the last full week of such employee's employment with the employer.

37. GRIEVANCE AND DISPUTES PROCEDURE

Subject to the provisions of the Industrial Relations Act 1996, as amended, any dispute or claim or grievance arising out of the operation of this award, shall be dealt with in the following manner:

(i) The matter shall be submitted by the shop steward or Union representative to the plant manager or other appropriate officer of the Company or by the Company officer to the Union representative where appropriate.

(ii) If not settled, the matter will be formally submitted by the State Secretary or other appropriate official of the Union to the employer concerned.

(iii) If the matter is still not settled it shall be submitted to the Industrial Relations Commission of New South Wales for a decision and such decision, subject to the parties' right of appeal, shall be accepted.

(iv) Until the matter is determined in accordance with the above procedure, work shall continue normally at the instruction of the employer concerned, unless danger is alleged to be involved, in which case work shall not proceed until the alleged danger is removed or a decision is given on the matter.

(v) No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.

38 ANTI DISCRIMINATION

(i) 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.

(ii) 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.

(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(iv) 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.

(v) 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."

39. BASIS OF AWARD AND LEAVE RESERVED TO APPLY

(i) In order to maintain complete uniformity in the industry this award is based on the current award of the Australian Industrial Relations Commission known as the 'Tanning Industry Award, 1999'.

(ii) Leave is reserved to the parties to apply at any time for variation of this award in order to make the rates and conditions of work uniform with the said award of the Australian Industrial Relations Commission so that the uniformity in the industry dealt with by this award may be maintained.

40. AREA, INCIDENCE AND DURATION

This award rescinds and replaces the Tanning Industry (State) Award published 28 April 1995 (285 IG 604) and all variations thereof.

It shall apply to all classes of persons provided for herein within the jurisdiction of the Tanners, &c. (State) Conciliation Committee.

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 the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 8 August 2001.

The award published 28April 1995 took effect from the beginning of the first pay period to commence on or after 29 November 1994.

This award remains in force until varied or rescinded for the period for which it was made already having expired.

PART B

MONETARY RATES

Table 1 - Wages

Classification	Former Rate per Week $	3rd ASNA eff fpp 25.1196	SWC August 1997 eff 25.8.97	Total Wage per Week $
Group 1	341.40	8.00	10.00	359.40
Group 2	358.10	8.00	10.00	376.10
Group 3	380.60	8.00	10.00	398.60
Group 4	401.50	8.00	10.00	419.50
Group 5	433.20	8.00	10.00	451.20

Table 2 - Other Rates and Allowances

Item No.	Clause No.	Brief Description	Amount $
1	4(ii)	Industry Allowance	15.80 per week
2	4(vii)	Leading hands in charge of 3-10 employees	16.80 per week
3	4(vii)	Leading hands in charge of 10-20 employees	25.50 per week
4	4(vii)	Leading hands in charge of more than 20 employees	32.50 per week
5	4(viii)	First-aid Attendance	8.25 per week
6	6(iii)	Fork Lift Allowance	0.38 per hour
7	12(iii)	Meal Allowance - 1st Meal	7.50
8	12(iii)	Meal Allowance - 2nd Meal	7.50
9	12(iv)	Meal Allowance - cancellation of overtime	7.50
10	13(vii)	Meal Allowance - shift workers	7.50
11	14	Special Rates	0.38 per hour
12	36(D)	Superannuation Contributions Minimum per week	12.75 per week

Tanners, &C. (State) Industrial Committee

Industries and Callings

All persons employed in or in connection with the industries of tanning and leather dressing, of the handling, bagging or grinding of bark of the manufacture of bark and other tanning extracts, and of the washing or treatment of animal hair with tanning, dyeing or other treatment of furs and other skins, in the State, excluding the County of Yancowinna;

Excepting -

Employees within the jurisdiction of the Forestry Employees (State) Industrial Committee.

B. W. O'NEILL, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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