BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(421)

SERIALC0868

LAUNDRY EMPLOYEES (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(Nos. IRC 4272 of 1999 and 1705 of 2000)

Before the Honourable Justice Walton, Vice-President,	20 August 2001
Mr Deputy President Sams
Commissioner O'Neill

REVIEWED AWARD

PART A

1. Arrangement

Clause No. Subject Matter

1 Arrangement

2 Hours

3 Shift Work

4 Rates of Pay

5 Skill-based Classification Structure

6 Training

7 Time and Payment of Wages

8 Enterprise Consultative Mechanism

9 Utilisation of Skills

10 Casual Employees

11 Part-time Employees

12 Overtime

13 Time Off in Lieu of Overtime

14 Recall

15 Payment for Ordinary Hours on a Saturday

16 Meal Break

17 Rest Period

18 Holidays

19 Annual Leave

20 Annual Holidays Loading

21 Long Service Leave

22 Sick Leave

23 Personal/Carer's Leave

24 Anti-Discrimination

25 Superannuation

26 Transfers

27 Mixed Functions

28 Terms of Engagement

29 Protective Clothing

30 Right of Entry

31 General Conditions

32 First-aid

33 Bereavement Leave

34 Jury Service

35 Notice Board

36 Redundancy and Technological Change

37 Disputes Procedure

38 Counselling and Discipline

39 Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

2. HOURS

(i) The ordinary hours of work shall be 38, worked at the discretion of the employer, between 6.00 a.m. and 7.00 p.m. Monday to Saturday, inclusive. Provided that emergency work done prior to or after the spread of hours fixed in accordance with this subclause for which overtime rates are payable shall be paid as such and may be deemed, for the purpose of this subclause, to be part of the ordinary hours of work.

(ii) The ordinary hours of work prescribed herein shall not exceed ten on any day; provided that in any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day(s), consultation shall take place between the employer and the employees concerned on the arrangement proposed. In the event that agreement is not reached, the matter will be processed in accordance with clause 37, Disputes Procedure.

(iii) Part-time Employees - The ordinary hours of work for part-time employees shall be not less than eight nor more than 32 per week, to be worked in not less than three hours per start or day in accordance with a roster provided for in subclause (vi) of clause 1, Part-time Employees. The hours shall be worked continuously; provided that, where a start exceeds five hours, the provisions of clause 16, Meal Break, shall apply.

Implementation of 38 Hour Week

(iv) The method of implementation of the 38-hour week shall be any one of the following, as mutually agreed upon by a majority of employees and the employer:

(a) by employees working up to seven hours 36 minutes ordinary time each day;

(b) by employees working up to six ordinary hours on any day of each week;

(d) by fixing one weekday on which all employees will be off during a particular work cycle; or

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

(v) Provided that, where the method of implementation is a day off during a work cycle, the following shall apply:

(a) For each day or shift upon which an employee is rostered to work as part of his/her ordinary working week, the employee shall accumulate 24 minutes towards a rostered day off in each work cycle as a day off, paid for as though worked. Provided that a day upon which an employee is absent with reasonable excuse, or each day of the paid taken leave or any public holidays occurring during any cycle of four weeks, shall be regarded as a day worked for accrual purposes.

(b) The rostered day off shall be any day, Monday to Friday, inclusive, within the four-week work cycle; provided that due consideration is given to the employer's business, so that an employer may request, where an employee agrees, that an employee accrue a rostered day off as an entitlement for a day off to be taken in a subsequent work cycle or in addition to annual leave.

Provided that, where an employee requests a specific day off as a rostered day off, the employer shall not unreasonably refuse such request.

Provided further that no employee shall be entitled to accrue more than six rostered days off under the terms of this paragraph.

(c) A rostered day off (provided for under this subclause) for each employee shall be notified to employees two weeks prior to the commencement of each working cycle. Employees shall be provided with seven working days' notice of a change in roster; provided that, in the case of an emergency situation, 48 hours' notice of a change in roster may be given by the employer, and the employee is then paid time and one-half for work done on that day and is granted another day off as a rostered day off in lieu thereof.

(d) Where the rostered day off prescribed by this subclause falls on a public holiday, as prescribed in clause 18, Holidays, or on any other holiday or leave, the next working day shall be taken in lieu of the rostered day off, unless an alternative day in that four-week cycle (or subsequent four-week cycle) is agreed to in writing between the employer and employee.

(e) All rostered days off provided for in this subclause shall be taken by the employees as a leisure day off, that is, as a day off paid for as though worked and, except as provided for in paragraph (c) of this subclause, no work shall be performed by employees on their rostered days off.

(f) An employee who has not worked a complete four-week cycle shall receive pro rata accrued entitlements for all time credited to him/her in accordance with paragraph (a) of this subclause or, in the case of termination, shall be paid all such time and other accrued time which has not been taken by him/her as a rostered day off.

(vi) In the event of a disagreement in any laundry as to which method of implementation of the 38-hour week is to be adopted, the procedure set out in clause 37, Disputes Procedure, shall be applied.

3. SHIFT WORK

(i) "Afternoon shift" means any shift finishing between 6.00 p.m. and midnight.

(ii) "Shift worker" means an employee who works an afternoon shift, as defined.

(iii) Subject to the provisions of this clause, the ordinary hours of work for shift workers, excluding the meal hours, shall not exceed 38 per week and shall be worked in accordance with one of the methods set out under ‘Implementation of 38-Hour Week’ in Clause 2 Hours, over a 20- day, four-week cycle of up to eight hours each, continuously, on five consecutive days.

(iv) A crib time for shift workers of not less than 20 minutes shall be allowed not later than five hours after the time of commencement of each shift. Time allowed as crib time shall be regarded as time worked and shall be paid for as such.

(v) Shift workers, whilst employed on afternoon shift, shall be paid for such shift worker at 15 per cent more than the ordinary rates contained in clause 4, Rates of Pay.

(vi) All time worked in excess of eight hours per shift shall be paid for as overtime at the rate of time and one-half for the first two hours and double time thereafter.

(vii) An employer and employees may agree on a shift of not less than four hours. Such shift shall be worked over five consecutive days and shall attract the appropriate shift penalty.

(viii) While shift work is being worked, the employer shall exhibit and keep exhibited at the premises or place at which shifts are worked, in a place to which the employees have access, a notice specifying the times at which each shift shall commence and finish; provided that the hours, once fixed, shall be altered by giving three days' notice to the employees.

(ix) Shift workers whose working period includes a Saturday or any of the holidays specified in clause 18, Holidays, shall be paid as follows:

Midnight Friday to midnight Saturday - time and one-half.

Public holidays - double time and one-half.

These extra rates shall be in substitution for, and not cumulative upon, the shift premiums prescribed in subclause (v) of this clause.

(x) Implementation of shift work pursuant to this clause shall only occur where the majority of employees agree.

(xi) Clause16, Meal Break, does not apply to a shift worker.

4. RATES OF PAY

(i) Wages shall be paid by the week in cases in which weekly wages only are herein provided for, and by the week or by the day in cases in which provision is herein made for wages to be paid by the week or day.

(ii) Pieceworkers' rates shall be paid in cases for which piece rates only are herein provided for, and piece rates or daily wages in cases in which piece rates or wages by the day are herein provided for.

(iii) The minimum rates of wages and the minimum prices of piecework payable to employees shall be as follows:

(A)

(1) General employees shall be paid the rates as set out in Table 1 - Rates of Pay of Part B, Monetary Rates.

(2) Piecework employees - If employed on piecework, the following conditions shall apply in each separate establishment:

(a) The rate fixed shall enable an employee of average capacity to earn at least 15 per cent more than the minimum-time rate prescribed for hand ironers.

(b) The same rates of allowance shall be paid to all employees performing the same class of work.

(c) An employee shall be paid not less than the minimum-time rate prescribed for general employees, plus 15 per cent, or his/her actual earnings, whichever is the greater.

(B) Juniors - Percentage of adult rate of pay

At 16 years of age	65
At 17 years of age	70
At 18 years of age	80
At 19 years of age	90
At 20 years of age	Adult rate of pay

Junior labour may be employed in any one department of the laundry, provided that at least one adult employee is employed in the wash-house; provided, also, that the employment of juniors under 18 years of age in the wash-house shall be restricted to one junior for each four adults, or portion of four adults, where the number of adults employed is not exactly divisible by four.

(a) set out work; and/or

(b) see that work is carried out,

the employee shall be regarded as a leading hand and shall be paid as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

5. SKILL-BASED CLASSIFICATION STRUCTURE

(i) Classification Structure

Laundry Worker Grade 1

An employee in the first six months of employment with the employer, possessing the following skills and abilities, shall:

(1) be responsible for their own work, subject to detailed instructions;

(2) work under routine supervision;

(3) carry out such duties in a safe, responsible and efficient manner;

(4) possess basic communication and interpersonal skills;

(5) must be able to perform basic tasks as a result of the skills that should have been gained from basic education or gained in the course of everyday living, or readily learn such basic tasks including, but not limited to, the following:

(a) be able to identify and classify items of linen/garments and associated simple tasks;

(b) be able to load and unload processing machines; and will be trained in one of the following brackets:

Bracket 1

Perform all ironing machine functions, whether manual or with the aid of semi-automatic or automatic feeding, folding and preparing equipment. Perform all manual or machine folding/hanging operations on linen/garments. To operate a tunnel finisher. To use a heat seal marking machine or to mark linen with any other type of machine or manually. To operate towel winding, unwinding and typing equipment.

Bracket 2

To operate any washing, drying and extracting equipment.

Bracket 3

To operate any textile pressing machine.

Bracket 4

Manual or machine repairer of garments or linen.

Provided that an employee with experience in the bracket he/she was employed for will advance to Grade 2 within six months upon demonstrating to the employer that he/she attained, and can perform at, the required level of efficiency in that bracket.

Laundry Worker Grade 2

Any laundry worker who has completed the required period as a Grade 1 and who can competently perform the tasks required of them in the appropriate bracket, as well as meeting the general requirements of a Grade 1, even though they may not have completed training in all the tasks in their bracket. Notwithstanding, in such case, the employee will be required to qualify in the tasks missed while in Grade 1 and, in addition, must be able to operate with a minimum of supervision; must recognise and report obvious faults in the equipment they use and must be responsible for the maintenance of the quality and quantity of their own output; or a repairer who must, at the point of entry into Grade 2, be competent to repair linen and garments, either manually or by machine or by a combination of both, and must meet the general requirements of a Grade 1 worker.

Laundry Worker Grade 3

Any employee who meets the requirements of a Grade 2 Laundry Worker and, in addition, can efficiently carry out, and is required by the employer to carry out, two Grade 1 brackets and has been designated as a standby worker in those brackets; or operates washing and ancillary equipment and is responsible for work flow and control of all washing supplies for such equipment and can carry out these tasks with minimal supervision; or holds a required Boiler Ticket and is required to use that ticket in the performance of duty.

Laundry Worker Grade 4

Any Grade 3 employee who holds a required Boiler Ticket and is ready and available and is required to use that ticket, except an employee who is classified as Grade 3 simply because they hold a Boiler Ticket; or any Grade 2 or 3 employee who is appointed for the purpose of directing and controlling a section of the production operation.

(ii) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:

(a) any equivalent overaward payments; and/or

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

6. TRAINING

(i) The parties to this award shall establish an industry training committee. The training committee should be constituted by an equal number of employer and employee representatives and have a charter which clearly states its role and responsibilities; for example:

(a) formulation and training programs and availability of training courses and career opportunities to employees;

(b) dissemination of information in training programs and availability of training courses and career opportunities to employees;

(ii) The parties to this award recognise that, in order to increase the efficiency, productivity and competitiveness of the industry, a greater commitment to training and skill is required. Accordingly, the parties commit themselves to:

(a) developing a more skilled and flexible workforce;

(b) providing employees with career opportunities through appropriate training to acquire additional skills; and

7. TIME AND PAYMENT OF WAGES

(i) All wages and overtime shall be paid in the employer's time, not later than Friday in each week. Furthermore, such payment by the employer may be by cheque or by the employer transferring the amount due into an individual employee's account at the bank of his/her choice, in the following cases:

(a) where the majority of employees and the employer agree;

(b) by individual agreement between an employer and any particular employee;

(c) at the employer's discretion, for any new employee entering into the laundry industry after 5 February 1988. The employer may not hold more than one day's pay in hand.

(ii) Where wages and overtime are paid by cheque or bank transfer, the following conditions shall apply:

(a) Payment by cheque or bank transfer will not involve any of the employees in any banking costs.

(b) Time will be granted to the employees to cash their weekly wage cheque during normal banking hours on their normal pay day without loss of pay.

(d) Should any employees request to have their weekly wages paid into a bank, credit union or building society account, the employer shall comply with such request.

8. ENTERPRISE CONSULTATIVE MECHANISM

At each enterprise there shall be established a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

9. UTILISATION OF SKILLS

(i) Employees shall be employed to carry out such duties as may be directed by an employer from time to time, subject to their skill, competence and training.

(ii) Any employee may, at any time, carry out such duties and use such tools and equipment as may be directed by an employer; provided that the employee has been properly trained in the use of such tools and equipment.

(iii) Any direction given by an employer in accordance with subclauses (i) and (ii) of this clause shall be consistent with the employer's obligations under the Occupational Health and Safety Act 1983.

(iv) Disputes arising in relation to the operation of this clause shall be dealt with in accordance with clause 37, Disputes Procedure, following prior consideration of the issues.

10. CASUAL EMPLOYEES

Casual labour may be employed in any department of a laundry at rates of wages 15 per cent greater than those provided for weekly employees, with a minimum payment of four hours per start.

11. PART-TIME EMPLOYEES

(i) It is intended that the introduction of part-time employees in this award shall not prejudice the employment of persons engaged as full-time employees as at 5 February 1988, and no employee to whom this award applies shall be transferred by the employer to part- time employment, or his or her employment terminated with a view to re-employment as a part-time employee, without the consent of the employee.

(ii) "Part-time employee" means a weekly employee employed on a regular basis other than a weekly full-time or casual employee, who is engaged as such and paid as such pursuant to subclause (iv) of this clause.

(iii) The ordinary hours of work for part-time employees shall be those prescribed in subclause (iii) of clause 2, Hours.

(iv) Part-time employees shall, in respect of ordinary hours of employment, be paid at the rate per hour of one thirty-eighth of the prescribed weekly rate of pay for the appropriate classification.

(v) The provisions of this award shall apply to part-time employees except as to clause 10, Casual Employees; provided that, where applicable, daily and/or weekly benefits shall be applied on a pro rata basis. Without limiting the generality of the foregoing, such benefits shall include provisions with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, recall, holidays and long service leave.

(vi) A roster, showing starting and ceasing times for the ordinary hours of duty of part-time employees and meal periods, shall be posted seven days in advance in a place accessible to all employees; provided that the hours, once fixed, shall be altered only by giving seven days' notice to the employee.

12. OVERTIME

(i) Except as hereinafter provided, all time worked outside the ordinary hours prescribed in clause 2, Hours, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter; provided that all time worked before the regular starting time shall be paid for at double rates.

When overtime is performed on a Saturday, payment shall be made at the rate of time and one-half for the first two hours and double time thereafter.

When overtime is performed on a Sunday, payment shall be made at the rate of double time.

(ii) All piecework performed before or after the working hours prescribed, or fixed in pursuance of the said clause 2, shall be paid for at the rate of time and one-half for the first two hours and double rates thereafter.

(iii) When overtime work is necessary it shall, where reasonably practicable, be so arranged that the employee shall have at least ten consecutive hours off duty between work on consecutive days.

(iv) An employee on day work who works so much overtime between his/her finishing time on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between these times shall, subject to this clause, be released after completion of such overtime until he/she has had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence.

(v) If, on the specific instructions of his/her employer, such employee on day work resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double time until he/she is released from duty.

(vi) An employee required to work overtime on a Saturday shall receive a minimum of four hours' payment.

13. TIME OFF IN LIEU OF OVERTIME

(i) Where an employee has performed duty on overtime, he/she may be released from duty for a period the same as the monetary calculation for overtime, subject to the conditions herein:

(a) An employee may only be released from duty in lieu of the payment for overtime by mutual agreement between the employer and the employee. Such agreement shall be in writing and kept with the time and wages records.

(b) An employee may not accumulate more than 20 hours, to be taken within four weeks of the accrual. Where such leave is not taken in this period, it shall be paid for at the appropriate overtime rate.

14. RECALL

An employee recalled from home to work after having left the premises of the employer shall be paid for all time worked, with a minimum payment of four hours.

15. PAYMENT FOR ORDINARY HOURS ON A SATURDAY

Where ordinary hours of work are performed on a Saturday, pursuant to clause 2, Hours, payment for such work will be at the rate of time and one-half.

16. MEAL BREAK

(i) A period of at least three-quarters of an hour for a meal shall be allowed between 11.00 a.m. and 1.30 p.m. on each day, Monday to Friday, inclusive; provided that, where the employer and a majority of the employees at any establishment agree, the minimum period may be reduced to one half hour.

(ii) All work done during the recognised meal time or portion thereof shall be paid for at double-time rates, such rates to continue until the meal time is allowed; provided that the employer has required such necessary work to be done during meal hours.

(iii) No person shall work for more than five hours without a meal break.

(iv) Any employee required to work overtime for a period in excess of one hour after the usual ceasing time shall be allowed an amount as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and the same again for each subsequent meal. This subclause shall not apply where such employee has been notified on the previous day of the intention to work overtime. If such employee is notified, and by reason of such notice has provided himself/herself with a meal or meals and such overtime is cancelled, he/she shall be allowed the amounts prescribed in this clause.

17. REST PERIOD

A rest period of 15 minutes, to be counted as time worked, shall be allowed to each employee. Such rest period will be taken during either the morning or afternoon as nominated by a majority of employees at each laundry.

18. HOLIDAYS

(i) The following days shall be holidays, viz.: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and any such other days that may be proclaimed as public holidays throughout the State.

(ii) Except as hereinafter provided for, no deduction shall be made from the wages of a weekly employee due to the occurrence of any of the holidays referred to in subclause (i) of this clause.

(iii) An employer shall not terminate the employment of an employee for the purpose of evading payments for any holiday prescribed by this award. If the employer terminates the employment of an employee within one week of the day on which the holiday occurs, the employee shall be paid for such holiday or holidays prescribed by this award; provided that such employee has been employed by the employer for a period of at least one week prior to the termination of employment.

(iv) All time worked up to eight hours on any such holiday falling on an ordinary working day shall be paid for at time and one-half, in addition to the weekly wage. All time worked in excess of eight hours on any such holiday shall be paid for at double time, in addition to the weekly wage.

(v) An employee required to work on a public holiday shall be paid for a minimum of four hours' work.

(vi) For pieceworkers, the minimum payment for any week in which a holiday occurs shall not be less than the appropriate minimum wage prescribed for a general employee by subparagraph (1) of paragraph (A) of subclause (iii) of clause 4, Rates of Pay.

(vii) Any employee who absents himself/herself, without reasonable cause, on a working day immediately preceding or immediately succeeding a holiday shall not be paid for such holiday.

19. ANNUAL LEAVE

See Annual Holidays Act 1944.

20. ANNUAL HOLIDAYS LOADING

(i) In this clause, the Annual Holidays Act 1944 is referred to as "the Act". Where an employee is entitled to his/her annual holiday within the meaning of the Act, the employer shall pay the employee a holiday loading in accordance with subclause (iii) of this clause. Such leave may be taken in one continuous period or, by agreement, in separate periods.

(ii) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act.

(iii) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (i) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing the annual holiday together with, where applicable, the additional loadings for leading hands prescribed by paragraph (C) of subclause (iii) of clause 4, Rates of Pay.

(iv) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iii) of this clause, applying the award rates of wages payable on that day.

(v) Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (iii) of this clause.

(b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close- down as his/her qualifying period of employment in completed weeks bears to 52.

(vi)

(a) When the employment of an employee is terminated by the employer for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause (iii) of this clause for the period not taken.

(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

21. LONG SERVICE LEAVE

See Long Service Leave Act 1955.

22. SICK LEAVE

A weekly employee who, after one month's service with the employer, becomes disabled by sickness or injury by accident, proof of which is given to the employer by medical certificate or other satisfactory evidence, will notify the employer of the absence within one hour of the normal commencing time, where practicable. In any event, the employee must produce a doctor's certificate for absences in excess of two days.

The employee shall, on account thereof, be entitled, without deduction of pay, to absent himself/herself from work on sick leave for up to an aggregate of 60.8 hours of ordinary working time during the first year of employment, on the following basis:

After the first month of continuous service	7.6 hours.
After two months' completed service	15.2 hours.
After three months' completed service	22.8 hours.
After four months' completed service	30.4 hours.
After five months' completed service	38 hours.
After more than five months' completed service	60.8 hours.

In the second and subsequent years of service, the employee will be entitled to 60.8 hours' sick leave per year.

The rights under this clause shall accumulate as long as the employee is employed continuously by the same employer.

23. 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 22, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

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

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

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(2) Unpaid Leave for Family Purpose

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

(3) Annual Leave

(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

(4) Time Off in Lieu of Payment for Overtime

(a) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 13, Time Off in Lieu of Overtime the following provisions shall apply.

(b) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

(c) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(d) 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.

(e) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(5) Make-up Time

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

(6) Rostered Days Off

(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.

(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

24. ANTI-DISCRIMINATION

(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the ground of race, sex, marital status, disability, homosexuality, transgender identity and age and carer’s responsibilities.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

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

(4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

NOTES:

(a) Employers and employees may also be subject to Commonwealth Anti-Discrimination Legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

25. SUPERANNUATION

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

(ii) The employer shall be a participating employer in any of the following funds:

(a) Australian Superannuation Savings Employment Trust (ASSET);

(b) Australian Public Superannuation; or

and shall participate in accordance with the Trust Deed of that fund.

(iii) The employer shall contribute to the Fund in accordance with the legislation, provided that employer contributions do not fall below 3% of ordinary time earnings:

NOTATION: Employer contributions under relevant legislation are set at 8% from 30 June 2000 and will increase to 9% from 1 July 2002.

(iv) The minimum 3% contribution shall be made to the appropriate fund at the completion of each calendar month. Any contribution in addition to the minimum 3% required shall be made in accordance with the legislation set out in subclause (i).

26. TRANSFERS

Should any employee engaged in any class of work be temporarily transferred to other work he/she shall, during the time of such transfer, be paid at the rate applicable to the more highly paid class of work.

27. MIXED FUNCTIONS

An employee engaged for two hours or more on any one day on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for the whole of such day and, if so engaged for less than two hours, he/she shall be paid the higher rate for the time actually worked.

28. TERMS OF ENGAGEMENT

(i) All employees, other than casual employees, shall be paid by the week, and one week's notice shall be given by either party to terminate the employment; provided that, within the first four weeks of engagement, either party may terminate the employment at a moment's notice and, if such termination is made by the employer for reasons other than misconduct, the employee shall be paid at the casual rate of wages prescribed by clause 10, Casual Employees, for the period worked by him/her.

(ii) Where one week's notice of termination of employment is appropriate, in the terms of subclause (i) of this clause, and is not given by an employer, he/she shall pay one week's wages in lieu of notice and where such notice is not given by the employee, such employee shall forfeit any wages due to him/her not exceeding the amount of one week's wages.

(iii) This clause includes weekly and piecework employees regularly employed in the laundry during certain days of the week, but shall not apply to an employee who has been guilty of misconduct.

(iv) This clause shall not affect the right of the employer to deduct payment for any day or portion thereof during which the employee cannot be employed usefully because of any major breakdown of plant or due to any other cause for which the employer cannot reasonably be held responsible.

(v) The onus of proof as to whether any major breakdown of plant has occurred shall rest on the employer and, in the event of any dispute arising under this subclause, it shall be resolved in accordance with Clause 37, Disputes Procedure.

29. PROTECTIVE CLOTHING

Where necessary, suitable protective clothing, including rubber boots and waterproof aprons, shall be supplied, free of charge, by the employer for the use of employees. Such clothing shall be issued in good condition and shall be retained by the employee during the period of employment. It shall be renewed by the employer when required and shall be returned in good order and condition, fair wear and tear excepted, to the employer upon termination of employment.

30. RIGHT OF ENTRY

See Part 7 of Chapter 5 the Industrial Relations Act 1996.

31. GENERAL CONDITIONS

The requirements in relation to amenities shall conform at least to the minimum requirements as set out in the guide to welfare facilities and amenities provided under the Factory and Industrial Welfare Board as constituted by the Factories, Shops and Industries Act 1962.

32. FIRST-AID

(i) Adequate first-aid facilities shall be provided by the employer. (See Occupational Health and Safety (First-Aid) Regulation 1989).

(ii) An employee appointed by the employer to perform first-aid duty shall be paid an amount per day or shift as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to ordinary rates.

33. BEREAVEMENT LEAVE

(i) An employee, other than a casual, shall be entitled to a maximum of two days' bereavement leave without deduction of pay, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to two days bereavement leave where the employee travels outside Australia to attend the funeral.

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

(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 23, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(iv) An employee shall not be entitled to bereavement leave under this clause during any period of 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 23. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business

34. JURY SERVICE

An employee, other than a casual, required to attend for jury service during his/her working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

An employee shall notify the employer as soon as practicable of the date upon which he/she is required to attend for jury service and shall provide the employer with proof of attendance, the duration of such attendance and the amounts received in respect thereof.

35. NOTICE BOARD

The employer shall provide a notice board of suitable size for the posting of notices by designated employee representatives.

36. REDUNDANCY AND TECHNOLOGICAL CHANGE

(i) Application

(a) This clause shall apply in respect of full-time and part- time employees covered by this award (excepting those set out below).

(b) This award 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 award shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(ii) Introduction of Change

(a) Employer's Duty to Notify

(1) Where an employer has made a definite decision to introduce major changes in production, 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 alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where this award makes provision for the alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(b) Employer's Duty to Discuss Change -

(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) 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 discussions 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 discussions, 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 Termination

(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 subparagraph (1) of 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 paragraph (a) of this subclause 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 terminations, the number and categories of employees likely to be affected, and the number of employees 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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure in accordance with subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, 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 subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, 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 Commonwealth Employment Service 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) Employment Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

(h) Transfer to Lower-paid Duties

Where an employee is transferred to lower-paid duties for reasons set out in 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.

(v) 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

(3) "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 clause 3, Shift Work, and clause 4, Rates of Pay.

(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 subparagraph (1) of 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 subparagraph (1) 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 subparagraph (1) if the employer obtains acceptable alternative employment for an employee.

37. DISPUTES PROCEDURE

The procedure for the resolution of industrial disputation will be as follows:

(i) Procedure relating to a grievance of an individual employee:

(a) The employee shall notify the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

(b) The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(e) While a procedure is being followed, normal work must continue.

(f) The employee may be represented by an industrial organisation of employees.

(ii) Procedure for a dispute between an employer and the employees:

(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(b) Reasonable time limits must be allowed for discussion at each level of authority.

(d) The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.

(iii) It is a purpose of this procedure that normal work continue while the above is being followed. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this procedure.

(iv) This procedure shall not apply to any dispute on a safety issue.

38. COUNSELLING AND DISCIPLINE

(i) This clause shall not apply where the actions and/or behaviour of an employee are such as to constitute grounds for summary dismissal.

(ii) In any case where the actions and/or behaviour of an employee are unacceptable to the employer, the employee shall be counselled.

(iii) Unless otherwise agreed to at the enterprise or site (such agreement to be documented and displayed at the enterprise or site), the following counselling procedure shall apply:

(a) The employee shall be verbally counselled (at the request of the employee, in the presence of a witness representing the interests of the employee). The employer shall clearly identify the unacceptable actions and/or behaviour and advise on corrective measures. This shall be documented and recorded on the employee's file. A copy shall be supplied to the employee.

(b) Where the initial counselling has failed to correct the unacceptable actions and/or behaviour, a further review will occur and will incorporate a final written warning to the employee, identifying the unacceptable actions and/or behaviour, the corrective measures required, review date and advising the subsequent step, that is, disciplinary leave, if deemed appropriate.

(c) If no change occurs by the review date, the employer may terminate the employee at his/her discretion, or direct the employee to take disciplinary leave in accordance with paragraph (a) of subclause (iv) of this clause.

(iv) Disciplinary leave, as referred to in paragraph (c) of subclause (iii) of this clause, shall be applied on the following bases:

(a) In accordance with the said paragraph (c), the employer may direct the employee concerned to take disciplinary leave. Such leave shall be without pay and shall be for a period of not less than five working days and not more than ten working days.

(b) Once an employee has been directed to take disciplinary leave, termination shall occur automatically if the unacceptable action and/or behaviour occurs again.

The provisions of paragraph (b) of this subclause shall not be applied where a period of 18 months has elapsed since the initial counselling referred to in paragraph (a) of subclause (iii) of this clause.

39. AREA, INCIDENCE AND DURATION

(i) This award rescinds and replaces the Laundry Employees (State) Award published 3 October 1997 (301 IG 524) as varied, and the Laundry Employees Superannuation (State) Award published 12 January 1990 (254 IG 147).

(ii) This award shall apply to laundry employees in the state, excluding the county of Yancowinna, within the jurisdiction of the Laundry Employees (State) Industrial Committee.

(iii) The award published 3 October 1997 took effect on and from the first full pay period on or after 1 August 1996, the nominal term of the award already having expired

(iv) This award has been reviewed pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards Decision made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307). Any changes arising from the review take effect on the first full pay period to commence on or after 20 August 2001.

PART B

MONETARY RATES

Table 1 - Rates of Pay

Classification	Base rate	SWC	Total weekly rate
	Per week	2001	Per week
	$	$	$
Level 1 employee	408.80	13.00	421.80
Level 2 employee	429.60	13.00	442.60
Level 3 employee	454.70	13.00	467.70
Level 4 employee	471.30	13.00	484.30

Table 2 - Other Rates and Allowances

Item No.	Clause No.	Brief Description	Amount
			$
1	4(iii)	Leading Hand Allowance
	(C)	3 to 10 employees	19.40 per week
		Over 10 employees	31.90 per week
2	16(iv)	Meal Allowance	6.90
3	32(ii)	First-aid Allowance	1.55 per day or shift

Note: These allowances are contemporary for expense related allowances as at 30 March 2001 and for work related allowances are inclusive of adjustment in accordance with the May 2001 State Wage Case Decision of the Industrial Relations Commission of New South Wales.

LAUNDRY EMPLOYEES (STATE) INDUSTRIAL COMMITTEE

INDUSTRIES AND CALLINGS

Laundry employees, including employees engaged in sorting and/or packing laundry in the employ of an employer providing laundry services in the State, excluding the County of Yancowinna;

excepting

Engine drivers and firemen, greasers, trimmers, cleaners, and pumpers engaged in or about the driving of engines, and electrical crane, winch and motor drivers; and

Carters, grooms, stablemen, yardmen and drivers of motor and other power-propelled vehicles;

excepting also employees of

The Council of the City of Sydney;

The Council of the City of Newcastle;

and excepting also all persons employed in or in connection with hospitals, insane asylums, public charitable institutions or ambulance work.

M. J. WALTON J. Vice-President

P. J. SAMS D.P.

B. W. O'NEILL, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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