ICE CREAM COLD STORAGE (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by The
Australasian Meat Industry Employees' Union New South Wales Branch, industrial
organisation of employees.
(No. IRC 6047 of 2000)
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Before Honourable Mr
Justice Peterson
Before Mr Deputy
President Grayson
Before Commissioner
McKenna
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1 June 2001
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VARIATION
1. Delete clause
4, Hours, of the award published 4 December 1992, (272 I.G. 790), as varied,
and insert in lieu thereof the following:
4. Hours
(i) Full-time
employees -
(a) The ordinary
hours of work for full-time workers, exclusive of meal breaks, shall not exceed
an average of 38 per week.
(b) (1) Ordinary
hours shall be worked between 6.00 a.m. and 6.00 p.m., Monday to Sunday, in one
of the following manners:
(i) 38
hours within a work cycle not exceeding 7 days; or
(ii) 76
hours within a work cycle not exceeding 14 days; or
(iii) 114
hours within a work cycle not exceeding 21 days; or
(iv) 152
hours within a work cycle not exceeding 28 days; or
(v) Such other
methods as may be agreed from time to time between the employer and the
employee(s) affected.
(2) The ordinary
hours may vary from worker to worker and from section to section within the
enterprise, by agreement between the employer and the employee(s).
(3) Ordinary hours
worked on a Saturday shall be paid at the rate of time and one-half. Ordinary hours worked on a Saturday shall be
paid at the rate of time and three quarters.
(ii) Shift
Workers -
(a) A night shift
may be worked provided that the ordinary hours shall not exceed 38 per week,
inclusive of crib time. Such shifts
shall be worked each night, Monday to Sunday, between the hours of 5.00 p.m.
and 7.00 a.m. on the succeeding day.
(b) An employee
engaged on night shift shall be paid at the rate of time and one-quarter of the
wages prescribed in Table 1 - Wage Rates, of Part B, Monetary Rates.
(iii) Morning and
afternoon shifts may be worked subject to the following conditions:
(a) The ordinary
hours shall be worked in shifts of up to 12 hours inclusive of crib time,
Monday to Sunday, inclusive.
(b) A crib time of
20 minutes, which shall be counted as time worked, shall be allowed to shift
workers on each shift; provided that where a shift exceeding eight hours is
worked, a second crib break to be counted as time worked shall be allowed.
(c) The employer
shall give the union not less than seven days' notice, or such lesser period of
notice by mutual agreement in the case of emergencies, of the intention to
alter work shifts and of the times between which such shifts shall be worked;
provided that shifts shall not commence before 6.00 a.m. and shall not finish
later than 12.00 p.m.
(d) Employees
whilst working on afternoon shift shall be paid the amount as set out in Item 1
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition
to their normal wages.
(e) Afternoon
shift shall mean any shift finishing after 6.00 p.m. and at or before 12.00
p.m.
(iv) 12-hour
Shifts -
(a) The actual
time at which work is to commence and finish shall be fixed by the employer and
once fixed will not be altered unless one week's clear notice to the worker is
given, provided that such one week's notice shall not be required if any change
of hours is by mutual agreement between the employer and the worker.
(b) The ordinary
hours may vary from worker to worker and from section to section within the
enterprise, with the agreement of the worker(s) concerned.
(c) Where shifts
in excess of ten hours and up to twelve hours are sought by the employer and/or
worker(s), agreement with the union must also be obtained. The union shall not unreasonably withhold
such agreement.
(d) Where ordinary
hours are to be twelve per day the employer and workers concerned will be
guided by the following: Occupational Health and Safety provisions of the ACTU
Code of Conduct on twelve-hour shifts.
Proper health monitoring procedures being introduced. Suitable roster arrangements. Proper supervision being provided.
(e) Any system of
work adopted under the ordinary hours of work clause shall provide that all
work is to be performed on a continuous shift basis except for meal breaks.
2. Delete
clause 8, Overtime and Sunday, and insert in lieu thereof the following:
8. Overtime and
Sunday
(i) An employee
who works for any time in excess of 38 hours in any one week or before the
usual starting time and after the usual finishing time shall be paid for such
time at the rate of time and one-half for the first two hours and double time
thereafter.
(ii) Notwithstanding
subclause (i) of this clause:
(a) the work
performed before the earliest prescribed starting time by day workers or day
shift workers shall be paid for at the rate of double time; and
(b) any employee who
is required and does attend to work overtime on a rostered day off as directed
by his/her employer shall be paid a minimum of four hours' pay at the
appropriate rate.
(iii) When overtime
is worked on Saturday and Sunday, the rate for the purpose of this calculation
shall be exclusive of the premium prescribed in subparagraph (3) of paragraph
(b) of subclause (i), of clause 4, Hours.
(iv) An employee
recalled to work overtime after leaving the employer's premises (whether
notified before or after leaving the premises) shall be paid a minimum of four
hours' work at the appropriate overtime rate for each period so recalled. This subclause shall not apply where
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working hours.
(v) It shall be a
condition of employment that employees shall work reasonable overtime to meet
the needs of the industry.
(vi) Overtime work
done on a Sunday shall be paid at the rate of double time, with a minimum of
four hours' pay at such rate.
(vii) Rest periods
after overtime -
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least eight consecutive hours off duty between the work
of successive days.
(b) An employee
(other than a casual) who works so much overtime between the termination of
his/her ordinary work on one day and the commencement of his/her ordinary work
on the next day that he/she has not had at least eight consecutive hours off
duty between those times shall, subject to this subclause, be released after
completion of such overtime until he/she has had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence.
(c) If, on the
instruction of his/her employer, such an employee resumes or continues work
without having had such eight consecutive hours off duty, he/she shall be paid
at double rates until he/she is released from duty for such period and he/she
shall then be entitled to be absent until he/she has had eight consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(viii) An employee
required to work overtime by his/her employer shall work such overtime as
required.
(ix) Time off in
lieu - The employer and the employee may agree to compensate the working of
overtime by allowing an equivalent amount of time off without penalty for
actual time worked. The taking of such
time off shall be at a time requested by the employee and acceptable to the
employer. Such arrangements shall be
indicated in the time and wages records.
3. Delete
clause 12, Casual, Part-time and Seasonal Employees, and insert in lieu thereof
the following:
12. Casual, Part-time and
Seasonal Employees
(i) Casual
Employee - The spread of ordinary hours of work shall be the same as those
worked by full-time employees in the establishment concerned or as per the
hours prescribed in clause 4, Hours.
A casual shall be paid one thirty-eighth of the
appropriate weekly wage plus 15 per cent thereof per hour.
(ii) Part-time
Employee -
(a) A part-time
employee shall mean an employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by full-time employees employed by the employer. Provided that the ordinary hours of part-timers shall be for not
less than 20 hours nor more than 38 hours in any working week.
(b) Notwithstanding
anything else contained in this award, the provisions of this award with respect
to annual leave, annual leave loading, sick leave, jury service, bereavement
leave, maternity leave and holidays, shall apply to part-time employees on a
proportionate basis.
(c) Notwithstanding
the provisions of this clause, the union and an employer may agree, in writing,
to observe other conditions in order to meet special cases.
(iii) Seasonal
Employee - Shall mean an employee who is engaged on a weekly basis for the
season.
(a) A seasonal
employee's period of employment shall be determined by the employer to meet the
circumstances of the establishment and this agreement shall be in writing. Provided that, to provide for seasonal
fluctuations or circumstances beyond the employer's control, a seasonal employee
may be terminated by the giving of 7 days' notice.
4. Delete
clause 17, Sick Leave, and insert in lieu thereof the following:
17. Sick Leave
(i) An employee
who is absent from work on account of illness or on account of injury by
accident arising out of his/her employment shall be entitled to leave of
absence without deduction of pay under the following conditions and
limitations:
(a) He/she shall
not be entitled to such leave of absence unless employed in the service of the
employer concerned for at least three months immediately prior to such absence.
(b) He/she shall,
within two hours, or as soon as is practicable, of the commencement of such
absence, inform the employer of his/her inability to attend for work and, as
far as practicable, state the nature of the illness or injury and the estimated
duration of the absence.
(c) He/she shall
provide, to the satisfaction of the employer, or, in the event if any dispute,
to the Industrial Relations Commission of New South Wales proof that he/she was
unable, on account of such illness or injury, to attend for work on the day or
days in respect of which such leave is claimed. For the purposes thereof the employer may require an employee to
make a statutory declaration verifying the cause and length of his/her absence.
(d) He/she shall
not be entitled in any one year, except hereafter provided for, to such leave
of absence in excess of -
- 3.5 hours for
each completed month during the first six months of employment;
- 38 hours for
the first year of employment;
- 76 hours for
the second and subsequent years of employment;
- nor to
payment in excess of these hours at ordinary rate.
(e) The right
under this clause shall accumulate from year to year so long as the employment
continues with the employer, so that any part of the sick leave entitlement
which has not been allowed in any year may be claimed by the employee and shall
be allowed by the employer, subject to the conditions prescribed by this
clause, in a subsequent year of continued employment. Any rights which accumulate pursuant to this subclause shall be
available to the employee for an indefinite period from the end of the year in
which they accrued, in addition to the current year's entitlement.
(f) In the case
of an employee who claims to be allowed paid sick leave in accordance with this
clause for an absence of one day only, such employee if in the year he/she
already had been allowed paid sick leave on more than one occasion for one day
only, shall not be entitled to payment for the day claimed unless he/she
produces to the employer a certificate of a duly qualified medical practitioner
that in the medical practitioner's opinion, the employee was unable to attend
for duty on account of personal illness or on account of injury by
accident. Nothing in this subclause
shall limit the employer's rights under paragraph (d) of this subclause.
(ii) For the
purpose of paragraph (d) of subclause (i) of this clause an employer may,
within one month of the coming into operation of this award or within two weeks
of an employee entering his/her employment, require an employee to make a
statutory declaration or other written statement as to what leave of absence
without deduction of pay he/she has had from any employer during the then
current year and the employer shall be entitled to rely and to act upon such
statement.
(iii) For the
purpose of this clause, an employer may arrange with the Secretary of the union
for the recognition of a specified date as the commencing date of each year and
when so arranged such date shall be binding for such purpose on the union, the
employer and employees. In the absence
of any such arrangement year shall mean:
(a) in the case of
an employee in the service of an employer on the date of the coming into
operation of this award - a year of service commencing on that date except in
the case where the employer has, before that date, allowed paid sick leave when
it shall mean the year of service then current;
(b) in other cases
- a year of service in the employ of the employer concerned.
5. This
variation shall take effect from the first full pay period to commence on or
after 1 June 2001.
R. J. PETERSON J.
J. P. GRAYSON D.P.
D. S. McKENNA, Commissioner.
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Printed by the authority of the Industrial Registrar.