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New South Wales Industrial Relations Commission
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COM 10 PTY LTD ENTERPRISE AWARD 1998
  
Date05/10/2002
Volume333
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0963
CategoryAward
Award Code 1261  
Date Posted05/08/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1261)

SERIAL C0963

 

COM 10 PTY LTD ENTERPRISE AWARD 1998

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 956 of 2001)

 

Before the Honourable Justice Kavanagh

12 June 2001

 

 

REVIEWED AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Statement of Intent

2.         Productivity and Workplace Reform

3.         Area, Incidence and Duration

4.         Definitions

5.         Travel and Expenses

6.         Tools

7.         Wage Rates

8.         Payment of Wages

Section I - General

Section II - Payment Systems

9.         Contract of Employment

Section I - Weekly Employment

Section II - Casual Employment

Section III - General

Section IV - AWA’s Excluded

10.       Redundancy and Technological Change

11.       Special Rates

Section I - Disability Rates

Section II - General

Section III - Accident & Sickness Insurance

12.       Hours of Work - Day Workers

13.       Overtime

14.       Holiday and Sunday Work

Section I - Holidays

Section I  - Picnic Day

Section III - Sundays

Section IV - General

15.       Shift Work

16.       Sick Leave

17.       Carers/Family Leave

18.       Annual Leave

19.       Other Leave

20.       Shop Stewards

21.       Notice Board

22.       Amenities

23.       First Aid

24.       Miscellaneous Provisions

25.       Working Within Skills Competency and Training

26.       Grievance and Dispute Resolution Procedures

27.       Leave Reserved

28.       No Extra Claims

29.       Anti-Discrimination

 

Annexures

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

Process for Re-Classification

 

1.  Statement of Intent

 

This Award has been reached through consultation and reflects an ongoing commitment to implement change via consultation.

 

The aim of this Award is to promote real gains in productivity, efficiency, flexibility and co-operation in the workplace. It also aims to facilitate continued progress on restructuring and training initiatives.

 

The parties recognise the necessity of adopting a consultative and participative approach to workplace reform in order to achieve genuine change in the industrial culture at all levels within the organisation.

 

This Award reflects the parties’ commitment to the following:

 

work as a team to enhance the quality of working life for all employees by ensuring profitable, efficient and ongoing operations of the business.

 

accept and adopt the philosophy and practice of ‘continuous improvement’

 

enhance employee job satisfaction and provide competitive benefits and reward systems that recognise employee contributions to the success of the business.

 

develop and maintain a company culture based on trust and caring, that encourages teamwork, employee involvement, and an innovative work approach to the way the business is run.

 

undertake continuous training and development in order to create a highly competent and flexible workforce who is capable of moving with changes that occur in the workplace and in the business.

 

at we acknowledge the need to become further multi-skilled ensuring all employees are prepared to undertake a broad range of jobs, independent of status, function or position, provided that the work is within the employees’ ability and can be performed safely.

 

maintain a safe working environment.

 

undertake continuous monitoring of the implementation of the classification structure outlined in Appendix B - Wage Group Classifications.

 

The parties acknowledge the benefits of a productive, stable and harmonious workplace culture.  Both the company and the Electrical Trades Union of Australia, New South Wales Branch, will play a pivotal role in ensuring that workplace issues are addressed in the most efficient manner so as to prevent grievances arising.  Where grievances arise, Clause 26, Grievance and Dispute Resolution Procedures, will be the appropriate mechanism employed.

 

2.  Change, Workplace Reform and the Consultative Committee

 

(1)        Change and Workplace Reform:

 

To facilitate and monitor the change and workplace reform process the Parties have established a Consultative Committee to consult closely on key issues and developments essential to the implementation of this Award and ongoing business and workplace reform matters.

 

Specifically as part of the workplace reform process, the Parties are committed to and have agreed during the term of this Award to:

 

(i)         investigate and if appropriate introduce self-directed work teams after appropriate training has been provided;

 

(ii)        review the current classification structure with a view to developing a skills based structure specifically designed to reflect the business requirements of the Company and employees and linking this structure to industry developed competencies;

 

(iii)       attempt to develop and introduce more comprehensive training for all employees to access and utilise to further enhance skill development (as part of a move to introduce to competency based training).  Such training would be ongoing but would be scheduled to meet the production requirements of the Company and to this end would be concentrated in times of low labour demand;

 

(iv)       examine and if appropriate introduce other methods by which to achieve continuous improvements in productivity and efficiency and ways in which employees may share in these gains.

 

(2)        Consultative Committee:

 

(a)        Formation:

 

The Parties have established a Consultative Committee to consult closely on key issues and developments essential to the implementation of this Award and ongoing business and workplace reform matters. The Consultative Committees is comprised of management, union and elected employee representatives (from both the Revesby and Regents Park sites) and shall continue to meet regularly to assist in improving communication between the parties.

 

Specifically the Com-10 Consultative Committee was formed in April 1997 and underwent two days of training at the Company’s expense on 6 and 7 May 1997.

 

The Union was invited and attended such training.

 

Since April 1997 the Committee has met regularly and has been instrumental in the development of the workplace and resolving a range of workplace issues.

 

(b)        Role:

 

The role of the Consultative Committee is:

 

(i)         To improve communication and understanding between management, union and employees.

 

(ii)        To create a pleasant, safe and secure working environment.

 

(iii)       To assist the company in producing and promoting a high quality product to meet customer needs.

 

(iv)      To assist in increasing productivity, efficiency and flexibility.

 

(v)       To facilitate the development and implementation of future enterprise awards and to monitor their progress

 

(c)        Election and composition:

 

(i)         The committee is compromised of at least six (6) members representing the employees and two (2) members representing management. The representatives are drawn from both the Regents Park and Revesby sites and are selected in an attempt to ensure that all work groups, shifts and minority groups are fairly represented on the Consultative Committee.

 

(ii)        Employee representatives are elected from each work area in the following manner:

 

Representatives must spend the majority of their working time as members of that work area;

 

Each candidate shall be nominated by at least one employee and shall accept nomination;

 

Staggered re-elections will be held, as a minimum every two years;

 

A vacancy will be filled until the next election by the alternate elected representative;

 

Vacancies shall be filled by the above procedure.  Candidates are to be nominated from the department in which the vacancy exists.

 

The Union is represented on the Committee by union members, union delegates and/or a union official.

 

The Chairperson is elected by the Committee and will rotate between a management representative and an employee representative every six months.

 

The Secretary is appointed by the Committee.

 

(d)        Functioning:

 

(i)         All decisions are based on consultation rather than negotiation and are made by way of consensus of the Committee.

 

(ii)        Wherever an industrial issue becomes one of potential disputation such an issue will be resolved in accordance with Clause 26 "Grievance and Dispute Resolution Procedures".

 

(iii)       If no Committee representative has the responsibility to implement the decision, the committee's decision is a recommendation to management.

 

(iv)      Committee meetings are held at least once a month.

 

3.  Area, Incidence and Duration

 

(a)        This award shall apply to all apprentices to trades declared for the purposes of the Industrial and Commercial Training Act 1989 by the Industrial and Commercial Training (Declared Trades and Declared Callings) Orders, 1989 and to all other classes of employees of COM 10 Pty Ltd as defined in Part B - Wage Group Classification.

 

(b)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Com10 Pty Ltd Enterprise Award 1998 published 14 July 2000 (317 I.G. 120), in relation to employees of COM 10 Pty Ltd.

 

(c)        The award published 14 July 2000 took effect from the beginning of the first full pay period commencing on or after March 1998.

 

(d)        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 12 June 2001.

 

(e)        The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

4.  Definitions

 

(i)         Wage Group Classification - See Appendix B.

 

(ii)        Leading Hand - See Table 2 - Other Rates and Allowances of Part B, Monetary Rates.

 

(iii)       Apprentices - See Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

(iv)       "Union" means the Electrical Trades Union of Australia, New South Wales Branch.

 

(v)        "Employer" or "Company" means Com 10 Pty Ltd.

 

5.  Travel and Expenses

 

(i)         General Conditions:

 

(a)        Commencing on Job - An employee required to work at a job away from his/her workshop or depot shall, at the direction of his/her employer, present himself/herself for work at such job at the usual time of starting work.

 

(b)        Location of Workshop or Depot - Upon the commencement of this award or the commencement of a contract of employment the employer shall notify the employee of the location of the employee's workshop or depot and such location shall be recorded in the employee's wages record and/or service record:

 

Provided that if it becomes necessary for the location of the workshop or depot to be changed, the employer shall give the employee not less than 14 days notice of such change.

 

(c)        Transportation - The employer shall provide or arrange transport where reasonable and necessary for travelling as follows:

 

(i)         between jobs; and

 

(ii)        between the employee's workshop or depot and jobs.

 

(ii)        Travel:

 

(a)        Travelling Time - For the purpose of this clause all time reasonably spent in travelling shall be travelling time.

 

(b)        Excess Travelling Time - For the purpose of this clause excess travelling time is all time reasonably spent by an employee in travelling to or from a job away from his/her workshop or depot in excess of time usually spent by the employee in travelling to or from his/her home and his/her workshop or depot.

 

(c)        Excess Travelling Time Payment - An employee shall be paid for excess travelling time at ordinary time rate except on a holiday or Sunday when payment shall be at the rate of time and a half.

 

(d)        Travelling Time Payment - To or from Distant Work - An employee travelling to or from distant work shall be paid for all time occupied in such travel at ordinary time rate up to a maximum of 12 hours out of every 24 hours or, where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.

 

(iii)       Fares and Expenses:

 

(a)        Fares and Expenses - The employer shall pay for all fares and/or expenses reasonably incurred by an employee in excess of those usually incurred by the employee in travelling between his/her home and his/her workshop or depot.  Such fares and expenses shall include fares and/or expenses incurred in travelling between the workshop or depot and a job and in travelling between jobs.

 

(b)        Fares and Expenses - Distant Work - The employer shall pay for any fares and/or expenses incurred in conveying an employee and the employee's tools and such personal belongings reasonably required for his/her personal use to and from distant work.  Such expenses shall include cost of meals partaken and insurance of personal belongings whilst in transit.

 

(c)        Motor Vehicle Allowance - An employer shall pay to an employee a motor vehicle allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as compensation for expenses where the employee, by agreement with his/her employer, uses his/her own motor vehicle in the following cases:

 

(i)         For the distance of his/her journey which is in excess of the distance of the journey between the employee's home and his/her workshop or depot where the employee starts or finishes work at a job away from his/her workshop or depot; or

 

(ii)        for the distance of his/her journey where the employee is recalled to work overtime after leaving his/her employer's business; or

 

(iii)       for the distance of his/her journey in travelling between his/her workshop or depot and a job or between jobs; or

 

(iv)      for the distance of his/her journey in travelling to or from distant work.

 

6.  Tools

 

(i)         Provision of Tools - Employers shall continue to provide such tools of trade as were customarily provided at the time of the making of this award.

 

(ii)        Power Tools, etc. - An employer shall provide, for the use of tradespersons and apprentices all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.

 

(iii)       Tool allowance:

 

(a)        For tools not customarily provided by the employer at the date of commencement of this award, but which are ordinarily required by the tradespersons and apprentices for the performance of their duties and are supplied by an employee, an allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid, subject to the employee maintaining an adequate kit of tools.

 

(b)        Such allowance shall be paid for all purposes of the award.

 

(iv)       Carrying Tools, etc - An employee shall not be required to carry tools and/or materials exceeding 20 kilograms in weight to or from the job.

 

(v)        Storing Employee's Tools - At each workshop or depot and at each job site, an employer shall provide suitable free storage accommodation for employee's tools.  An employer shall ensure that such tool storage accommodation is as secure as practicable against unauthorised entry outside working hours.

 

(vi)       Damage to Tools - Compensation to the extent of the damage sustained shall be made where, in the course of the work, tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances; provided that the employer's liability shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.

 

7.  Wage Rates

 

(i)         Wage rates - see Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

(ii)        Mixed Functions - An employee engaged for more than two (2) hours during one day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift; if so engaged for two (2) hours or less during one day or shift he/she shall be paid the higher rate for the time so worked.  Provided that the union and employer may agree to vary this sub clause.  This sub clause does not apply whilst employees are engaged in on-job training.

 

8.  Payment of Wages

 

(i)         Wages, allowances and expenses shall be paid weekly by electronic funds transfer (EFT).

 

(ii)        Pay Period - At the time of making this award, the pay period for the payment of wages, allowances and expenses shall be from Monday to Sunday.  This may be changed by agreement between the parties.

 

(iii)       Pay Day:

 

(a)        Upon commencement of this award or the commencement of a contract of employment the employer shall notify the employee of the day of the week upon which the employee is to be paid his wages, allowances and expenses and such day shall be recorded in the employee's wages and/or service record as pay day.

 

(b)        Pay day may be altered as to all or a section of employees in an employer's establishment upon the employer giving the employees affected and the Union 14 days' notice of such alteration;

 

Provided that this paragraph shall not apply to subsection (iv) Pay Day Falling on a Holiday, of this clause.

 

(iv)       Pay Day Falling on a Holiday.  Where pay day falls on a holiday, and subject to the other provisions of this clause, an employee shall be paid whatever wages, allowances and other expenses are due to him on the working day after the holiday.  In such cases the substituted day shall be deemed to be pay day for the week in question.

 

Provided that an employer and the Union may agree on any variation to this subclause to apply to the employer's establishment.

 

(v)        Payment on Termination of Employment - Upon termination of the employment wages, allowances and expenses due to an employee shall be paid to him/her on the day of such termination, where practicable, or otherwise within three (3) working days of such termination.

 

(vi)       Statement of Wages Due - On or prior to pay day the employer shall state to each employee, in writing, the amount of wages, allowances and expenses to which he/she is entitled, the amount of deduction made therefrom and the net amount begin paid to him/her.

 

(vii)      Payment to be Made:

 

(a)        Wages due for time worked, and allowances due and expenses incurred, during a pay period shall be paid on the Wednesday occurring after the end of that pay period. Provided that, where a holiday falls between the end of the pay period and pay day, the pay is made available to employees by no later than close of business on Thursday of that week.

 

(b)        An employer and the union may agree on any variation to this subclause to apply to the employer’s establishment.

 

(viii)     Waiting for Payment - An employee kept waiting at work for wages on pay day for a more than 15 minutes after the usual time of ceasing work shall be paid overtime rates after that 15 minutes, with a minimum of 15 minute’s establishment.

 

If wages are not paid on pay day, (as set out in (vii)(a) above), except where the default has not been caused by the employer, a penalty of payment of two hours at ordinary rates shall be incurred and shall be paid, together with normal pay, to midday on the next working day after pay day.

 

9.  Contract of Employment

 

Section I          Weekly Employment:

 

(i)         Weekly Employment - Except as provided in Section II - Casual Employment of this clause employment shall be by the week.  Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

 

(ii)        Termination of Employment:

 

(a)        The required period of notice shall be:

 

Employee’s period of continuous service with the employer:

Period of notice

Not more than 1 year

1 week

More than 1 but not more than 3 years

2 weeks

More than 5 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

 

One week’s extra notice is required if the employee is over 45 years of age.

 

(b)       Where the employee has given or been given notice as aforesaid he/she shall continue in his employment until the date of the expiration of such notice.  An employee who having given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on him/her) absents himself/herself from work during such period shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that period.

 

(c)        Provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence without pay for one day in order to look for alternative employment.

 

(d)       Notwithstanding the provisions of paragraph (a) of this subclause the employer shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.

 

Section II        Casual Employment:

 

(i)         Casual Employment - A casual employee is one engaged and paid as such.

 

(ii)        Casual Employment Additional Rate - A Casual employee shall be paid 12 per centum of the weekly rate in addition to the weekly wage rate prescribed by this award for the work performed.  The casual employment additional rate shall be paid for all purposes of the award.

 

(iii)       Minimum Payment - A casual employee who is requested to report for work shall be paid a minimum of 4 hours' pay.

 

Section III       Use of Temporary Employees:

 

It is not the intention of the Company to replace permanent positions with temporary labour.  In order to meet short-term projects or peak workloads, temporary labour may be employed.  Where the work is continuous in nature, the period of employment for temporary labour will be three months, and may be extended to six months. 

 

The Company recognises the benefits of a stable permanent workforce, and it is envisaged that where a permanent vacancy becomes available, the vacancy should be filled from the casual workforce population, depending upon appropriate skills and qualifications.

 

A job will be determined to be full-time if a temporary employee is employed for more than six months.

 

Section IV       General:

 

(i)         Scope - This section shall have application to weekly and casual employees.

 

(ii)        Absence from Duty - An employee (other than an employee who has given or received notice in accordance with this clause) not attending for duty shall except as provided by clause 16 - Sick Leave, clause 18 - Annual Leave and clause 19 - Other Leave, of this award, lose his/her pay for the actual time of such non-attendance.

 

(iii)       Standing Down of Employees - The employer shall have the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.

 

(iv)       Abandonment of Employment:

 

(a)        The absence of an employee from work for a continuous period exceeding 3 working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his/her employment.

 

(b)       Provided that if within a period of 14 days from his/her last attendance at work or the date of his/her absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause he/she shall be deemed to have abandoned his/her employment.

 

(c)        Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

 

Section V        Australian Workplace Agreements:

 

The Parties agree that no Australian Workplace Agreements will be negotiated or entered into with any employee covered by this Award.

 

10.  Redundancy and Technological Change

 

(1)        Application - 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.

 

(2)        Introduction of Change:

 

(i)         Employers duty to notify:

 

(a)        Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       "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 location and the restructuring of jobs.

 

(3)        Employer’s Duty to Discuss Change:

 

(a)        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 (i) 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.

 

(b)        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 (i) of subclause (2).

 

(c)        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.

 

(4)        Redundancy:

 

(i)         Discussions before terminations:

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (a) of paragraph (i) of subclause 2, Introduction of Change, of this clause, 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.

 

(b)       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 (a) of this subclause and shall cover, inter alia, any reasons for the proposed termination and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

(5)        Termination of Employment:

 

(i)         Notice for Changes in Production, Program, Organisation or Structure:

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure".  In order to terminate the employment of an employee the employer shall give the employee the notice prescribed in subclause (ii), Termination of Employment, of Section I of clause 9, Contract of Employment.

 

(ii)        Notice for Technological Change:

 

(a)        In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

(b)       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.

 

(c)        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.

 

(iii)       Time off during the Notice Period:

 

(a)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(b)       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.

 

(iv)       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.

 

(v)        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.

 

(vi)       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 of categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(vii)      Department of Social Security 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 Department of Social Security.

 

(5)        Severance Pay:

 

(i)         Where an employee is to be terminated pursuant to clause 10 of this award, 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:

 

(a)        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

Up to 12 months

4

1 year

7

2 years

10

3 years

13

4 years

16

5 years

19

6 years

22

7 years

25

8 years

28

9 years

31

10 years

34

11 years

37

12 years

40

13 years

43

14 years

46

15 years

49

16 years

52

17 years

55

18 years

58

19 years

61

20 years

64

 

The scales referred to in sub paragraphs (a) and (b) of this paragraph are inclusive of the period of notice of termination and redundancy payments.

 

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

 

Years of Service

Over 45 Years of Age Entitlement

Up to 12 months

5

1 year

8

2 years

11

3 years

14

4 years

17

5 years

20

6 years

23

7 years

26

8 years

29

9 years

32

10 years

35

11 years

38

12 years

41

13 years

44

14 years

47

15 years

50

16 years

53

17 years

56

18 years

59

19 years

62

20 years

65

 

(c)        "Weeks pay" means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances.

 

(ii)        Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subparagraphs (a) and (b) of paragraph (i) 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 subparagraphs (a) and (b) will have on the employer.

 

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

 

(iv)       Retrenched employees will be entitled to payment for all accrued sick leave.

 

11.  Special Rates

 

Section I          Specific Allowances:

 

The following disability rates and allowances and additional rates and allowances shall be paid:

 

(i)         Dirty Work - Where conditions are unusually offensive or unhealthy or more injurious to clothing than the ordinary workshop conditions, a dirty work allowance, as set out in Item 3 of Table 2 -Other Rates and Allowances, of Part B, Monetary Rates, shall be paid.

 

(a)        Unless it can be shown that the conditions appertaining to any particular job done in connection with such works are no dirtier than the ordinary workshop conditions then the following shall be considered dirty work:

 

(1)        Work done on or in the following:

 

The space between the ceiling and roof of a building that has been occupied.

 

The space between the ceiling and the floor above of a building that has been occupied.

 

The space between the earth and the floor above of any building.

 

(2)        The following work:

 

Operating a power tool to cut or groove (i.e. chase) brickwork, plaster, rockwork, concrete and other masonry work.

On repairs to electrically driven vehicles that have been in use.

 

(ii)        Confined Spaces - An employee working in a confined space shall be paid a confined space allowance as set out in Item 4 of the said Table 2.

 

(iii)       Insulating Material - Temperature, Sound, &c. - An employee handling silicate of cotton, slag wool, rock wool or glass fibre wool for the purpose of insulation or who it is agreed between the employer and the employee is working in the immediate vicinity so as to be affected by the use thereof, shall be paid an insulation material allowance as set out in Item 5 of the said Table 2.  Such allowance shall be paid for the remainder of the day or shift after the time that it first becomes payable.

 

(iv)      High Places:

 

(a)        An employee working on a building or structure of a height of 15 metres or more directly above a substantial level surface shall be paid a height allowance as set out in Item 6 of the said Table 2 and an additional amount as set out in the said Item 6 for each further 15 metres increase in the height at which he/she is working.

 

(b)        An employee working on a building or structure in a bosun's chair or swinging scaffold at a height of up to 15 metres directly above a substantial level surface shall be paid a height allowance as set out in Item 6 of the said Table 2 and an additional amount as set out in Item 6 of the said Table 2 for each further 15 metres increase in the height at which he/she is working.

 

(v)        Wet Places:

 

(a)        An employee working in any place where his/her clothing or footwear becomes appreciably wet shall be paid a wet places allowance as set out in Item 7 of the said Table 2.

 

(b)        Provided that the wet places allowance shall not be payable where the employer provides the employee with suitable protective clothing and footwear.

 

(c)        Provided further that any employee who becomes entitled to the wet places allowance shall be paid such allowance for such part of the day or shift he/she is required to work in wet clothing or footwear.

 

(vi)       Hot Places:

 

(a)        An employee working for more that one hour in the shade in places where the temperature is raised to between 46 degrees Celsius and 54 degrees Celsius shall be paid a hot places allowance as set out in Item 8 of the said Table 2.  In places where the temperature exceeds 54 degrees Celsius, the hot places allowance shall be as set out in the said Item 8.  Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, the employee shall be entitled to 20 minutes rest after every two hours' work without deduction of pay. 

 

(b)        The temperature shall be decided by the foreperson of the work after consultation with the employee who claims the hot places allowance.

 

(vii)      Cold Places - An employee working for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid a cold places allowance as set out in Item 9 of the said Table 2.  Where work continues for more than two hours in temperatures below 0 degrees Celsius, the employee shall be entitled to a rest period of 20 minutes after every two hours' work without deduction of pay.

 

(viii)     Explosive-powered Tools - An employee required to use explosive powered tools shall be paid an hourly explosive powered tools allowance of one-eighth of the daily rate, with a daily minimum payment as set out in Item 10 of the said Table 2.

 

(ix)       Toxic Substances:

 

(a)        An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

 

(b)        Employees using such materials will be provided with, and shall use, all safeguards as are required by the appropriate Government authority.

 

(c)        Employees using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5 kg or over, shall be paid an allowance as set out in Item 11 of the said Table 2.

 

Employees working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid an allowance as set out in the said Item 11.

 

(d)        For the purpose of this subclause, toxic substances shall include epoxy-based materials, and all materials, which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system shall be deemed to be materials of a like nature.

 

Section II        General:

 

(i)         Limits to Accumulation - Where more than one of the rates and allowances prescribed by Disability Rates, provides payment for disability of substantially the same nature, then only the highest of such rates shall be payable.

 

(ii)        Rates not Subject to Penalty Addition - Except where otherwise specified, the extra rates herein prescribed shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.

 

(iii)       Disputed Claims - In the case of a disagreement between the foreperson and an employee about the entitlement to any of the disability rates and allowances prescribed herein, the employee shall be entitled to raise a grievance in accordance with Clause 26, Grievance and Dispute Resolution Procedures, of this award.

 

(iv)       Leading Hand - Means any employee (not being a foreperson) who is placed in charge of work on which four or more employees are engaged.  Any worker who receives orders from an officer/supervisor, and is placed in charge as herein set out in the absence of such officer/supervisor, shall be deemed to be a leading hand whilst so placed in charge of the work carrying out such orders and shall be paid an allowance as set out in Item 14 of Table 2 - Other Rates and Allowances.

 

(v)        Payment by Results Prohibited - Any system of payment by results (i.e. piecework payments) in the electrical contracting industry is prohibited; provided that an employer and the union may agree on any variation to this subclause to apply to the employer’s establishment.

 

Section III       Accident and Sickness Insurance

 

(i)         On 1 January 1998 the Company will implement "Sickness and Accident Insurance" cover for all employees covered by this Award.

 

(ii)        It is the understanding of the Parties to this Award that the premium referred to in (i) above does not exceed 1% of the cost of wages.  The Parties agree to review the Insurance premium and the costs associated with the provision of the Insurance at the conclusion of this Award and again when the insurance premium is due for renewal, namely late 2000, if necessary.

 

12.  Hours of Work - Day Workers

 

(i)         Weekly Ordinary Hours.  The weekly ordinary hours of work shall be 38 hours per week or an average of 38 hours per week, such average hours per week being calculated over an employee's work cycle.

 

(ii)        Daily Ordinary Hours - The daily ordinary hours of work shall not exceed eight.  Provided that the daily ordinary hours of work prescribed by this subclause may be altered as to all or a section of employees by mutual agreement between an employer and the Union.

 

(iii)       Days of Work - The ordinary hours of work may be worked on any days or all of the days of the week, Monday to Friday inclusive.

 

(iv)       Spread of Hours - The spread of daily ordinary hours of work shall be between 6.00 a.m. and 6.00 p.m. at the discretion of the employer and, except for meal breaks, shall be worked continuously.

 

(v)        Rostered Days Off (RDO):

 

(a)        The parties agree on the need to keep production equipment operating efficiently and maintain production flow.  To achieve this, RDO’s will continue to be staggered and training provided for back-up crews.

 

(b)        Employees are entitled to one RDO per 19 working days.  It is desirable that RDO's be taken in the month in which they accrue.  It is acknowledged that the employer’s objective is to maintain the accrual of RDOs to three days and will implement management strategies to assist in attaining this objective.

 

(c)        Within sections, flexibility on the taking of RDO’s will reflect the business needs of that section.  Individual needs will be accommodated wherever possible.

 

(d)        Employees and employers are required to give five days’ notice of the taking and allocation of RDOs.

 

(e)        Emergency situations which may arise for the employee or the employer which require a change to this period of notice will be the subject of consultation between the parties concerned at the time.

 

(vi)       RDO Falling on a Holiday - Where an employee is entitled to a leisure day (in accordance with this subclause) and such RDO falls on a holiday prescribed by clause 14, Holiday and Sunday Work, such RDO shall be substituted for another week-day.

 

Provided that the day be taken as a substitute RDO shall be determined by agreement between the employer and the employee and that it shall be taken during the work cycle in which the day fell due, or during the next succeeding work cycle.

 

(vii)      Work outside Ordinary Hours - All work outside the ordinary hours of work prescribed by this clause, including work on a rostered day off, except where such RDO is substituted for another day, shall be subject to the penalty rates set out in this award.

 

13.  Overtime

 

(i)         Payment for Working Overtime:

 

(a)        For all work done outside ordinary hours the rates of pay shall be time and one-half for the first 2 hours and double time thereafter; such double time to continue until the completion of the overtime work.

 

(b)        Except as provided in this subclause or subclause (ii), Rest Period after Overtime, of this clause, in computing overtime each day's work shall stand alone.

 

(ii)        Rest Period After Overtime:

 

(a)        When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours off duty between the work of successive days:

 

Provided that, in the case of shift workers, the rest period shall be 8 consecutive hours off duty when the overtime is worked:

 

(1)        for the purpose of changing shift roster; or

 

(2)        where the shift worker does not report for duty and a day worker or a shift  worker is required to replace such shift worker; or

 

(3)        where a shift is worked by arrangement between the employees themselves.

 

(b)        An employee 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 the rest period off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        If on the instruction of his employer such an employee resumes or continues work without having had such rest period off duty he/she shall be paid at double rates until he/she is released from duty for such rest period and he/she shall then be entitled to be absent until he/she has had the rest period off duty without loss of pay for ordinary time occurring during such absence.

 

(iii)       Recall to Work:

 

(a)        An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours' work or where the employee has been paid for standing by in accordance with subclause (v), Standing By, of this clause, shall be paid for a minimum of 3 hours' work at the appropriate rate for each time he/she is so recalled.

 

(b)        Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 or 3 hours as the case may be if the job he/she was recalled to perform is completed within a shorter period.

 

(c)        This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

(d)        Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause (ii), Rest Period After Overtime, of this clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.

 

(iv)       Saturday Work:

 

(a)        An employee required to work after midday on a Saturday shall be paid double time rate for such work.

 

(b)        A day worker required to work overtime on a Saturday shall be afforded at least 4 hours' work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.

 

(c)        Where an employee works overtime which ceases at or after 4.00a.m. on a Saturday and such overtime is continuous with ordinary work on Friday, then such employee shall be paid for an additional 8 hours at ordinary time rate. This provision shall not apply to shift workers.

 

(v)        Standing By - Subject to any custom now prevailing under which an employee is required regularly to hold himself in readiness for a call back, an employee required to hold himself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates for the time from which he is so told to hold himself in readiness.

 

(vi)       Crib Time:

 

(a)        An employee working overtime shall be allowed a crib time of 20 minutes at the appropriate rate without deduction of pay after each 4 hours of overtime worked if the employee continues work after such crib time.  Provided that where a day worker on a five-day week is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.

 

(b)        Unless the period of overtime is less than 1 1/2 hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates.  An employer and 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 in respect of any time allowed in excess of 20 minutes.

 

(vii)      Requirement to Work Reasonable Overtime - It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the business.

 

(viii)     Meal Allowance:

 

(a)        An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the first meal and for each subsequent meal.

 

(b)        Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be), the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed.

 

(c)        If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.

 

(ix)       Transport of Employees - When an employee, after having worked overtime, or a shift for which he has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide him/her with a conveyance to his/her home or pay him/her his current wage rate for the time reasonably occupied in reaching his home.

 

(x)        Meal Breaks:

 

(a)        Maximum Period Without Meal Break - An employee shall not be compelled to work for more than 5 hours without a break for a meal.

 

(b)        Payment for Work in Meal Breaks - Subject to paragraph (c), Regular Maintenance Person, of this subclause, for work done during meal hours and thereafter until a meal break is allowed time and half rates shall be paid.

 

(c)        Regular Maintenance Person - Subject to the provisions of paragraph (a), Maximum Period Without Meal Break, hereof, an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed, whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle.

 

Provided that, if the meal period of a maintenance person has not previously been taken and does not follow immediately upon resumption of work by other employees after their meal break, the provisions of paragraph (b), Payment for Work in Meal Breaks, of this subclause, shall apply.

 

(xi)       Time off in lieu of overtime - Time off in lieu of overtime may be available to COM 10 employees at the request of the employee and with the agreement of the appropriate manager.  Entitlement shall be taken within one month, having regard to the operational requirements of the employee’s workplace.

 

(xii)      In general, overtime patterns will not alter as a result of this award coming into effect.

 

14.  Holiday and Sunday Work

 

Section I          Holidays:

 

(i)         Prescribed Holidays -

 

(a)        An employee on weekly hiring shall be entitled, without loss of pay to public holidays as follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Six Hour Day (or Labour Day), Christmas Day, Boxing Day, or such other day as is generally observed in the locality as a substitute for any of the said days respectively, and/or proclaimed or gazetted holiday throughout the State.

 

(b)       By mutual agreement between an employer and employee, other days may be substituted for the said days or any of them as to such employer's undertaking.

 

(ii)        Payment for Work on a Holiday:

 

(a)        An employee not engaged on continuous work shall be paid at the rate of double time and one half for work on a public holiday, such double time and one half to continue until he/she is relieved from duty.

 

(b)       An employee required to work on a holiday shall be paid for a minimum of 4 hours' work at double time and a half.

 

(iii)       Absence Before or After a Holiday - An employee shall not be entitled to payment for a holiday if he/she is absent from work-

 

(a)        without reasonable excuse; or

 

(b)       without the consent of his employer; on the ordinary working day before or the ordinary working day after a holiday.

 

 

Section II        Picnic Day:

 

(i)         Prescribed Holiday - Employees' Picnic day shall be a recognised holiday for employees who are members of the Electrical Trades Union of Australia, New South Wales Branch.  It shall be observed the Tuesday after Easter Monday unless otherwise agreed between the Parties.

 

(ii)        Payment for Work on Picnic Day:

 

(a)        An employee who is required to work on picnic day or the day substituted therefore shall be paid at the rate of double time and a half, such rate to continue until he/she is relieved from duty.

 

(b)       An employee required to work on picnic day shall be paid for a minimum of 4 hours' work at double time and a half.

 

(iii)       Absence Before or After Picnic Day - An employee shall not be entitled to payment for picnic day if he is absent from work:

 

(a)        without reasonable excuse; or

 

(b)       without the consent of his employer on the ordinary working day before or the ordinary working day after picnic day.

 

Section III       Sundays - Payment for Work on Sundays:

 

(i)         An employee who works on a Sunday, shall be paid at the rate of double time for such work, such double time to continue until he/she is relieved from duty.

 

(ii)        An employee required to work on a Sunday shall be paid for a minimum of 4 hours' work at double time.

 

Section IV       General - The following shall have application to all other sections of this clause:

 

(i)         Rest Period After Holiday or Sunday Work - An employee, not engaged on continuous work, who works on a holiday or a Sunday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time occurring during such absence.

 

(ii)        Meal Allowance - Holidays and Sundays:

 

(a)        An employee not engaged on continuous work, required to work for more than 4 hours on a holiday or a Sunday without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the meal taken during his/her first crib break and during each subsequent crib break.  Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

 

(b)       An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a holiday or Sunday or is required to work for a lesser period of time than advised, shall be paid the rates prescribed in the said Item 12 for meals which he/she has provided but which are surplus.

 

(iii)       Maximum Period Without Meal Break - An employee shall not be compelled to work for more than five hours without a break for a meal.

 

15.  Shift Work

 

(i)         Definitions - For the purposes of this clause:

 

(a)        "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.

 

(b)        "Continuous Work" means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

(c)        "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

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

 

(ii)        Hours - Continuous Work Shifts: This subclause shall apply to shift workers on continuous work as hereinbefore defined:

 

(a)        The weekly ordinary hours of shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days.

 

Provided that a shift cycle may differ from that prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and a majority of employees concerned.

 

(b)        Subject to the following conditions such shift workers shall work at such times as the employer may require:

 

(1)        A shift shall consist of not more than 8 hours, inclusive of crib time;

 

(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 which shall be counted as time worked;

 

(4)        an employee shall not be required to work for more than 5 hours without a break for a meal.

 

(iii)       Hours - other than Continuous Work:

 

(a)        This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.

 

(b)        The weekly ordinary hours of work shall be an average of 38 hours per week, the average hours per week being calculated over shift cycle.

 

(c)        The weekly ordinary hours of work shall be arranged in accordance with one of the following shift cycles:

 

38 hours within a period not exceeding 7 consecutive calendar days; or

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

114 hours within a period not exceeding 21 consecutive calendar days; or

152 hours within a period not exceeding 28 consecutive calendar days.

 

Subject to the following conditions such shift workers shall work at such time as the employer may require:

 

(1)        A shift shall not exceed 8 hours of ordinary time work. Provided that the ordinary time of work of a shift may be altered as to all or a section of employees by mutual agreement between an employer and the Union.

 

(2)        Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer.

 

(3)        Except at the regular change-over of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

(4)        An employee shall not be required to work for more than 5 hours without a break for a meal.

 

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

 

(v)        Variations by Agreement - The method of working shifts may, in any case, be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.

 

The time 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 alteration given by the employer to the employees.

 

(vi)       Afternoon or Night Shift Allowances:

 

(a)        A shift worker whilst on afternoon or night shift shall be paid for such shifts 15 percent more than his ordinary rate.

 

(b)        A shift worker who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights shall be paid for each such shift 50 per cent for the first 2 hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.

 

(c)        An employee who, during a period of engagement on shift:

 

(1)        works night shift only; or

 

(2)        remains on night shift for a longer period than 4 consecutive weeks; or

 

(3)        works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one-third of his working time off night shift in each shift cycle, shall, during such engagement, period or cycle be paid 30 per cent more than his ordinary rate for all time worked during ordinary working hours on such night shift.

 

(vii)      Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half.  Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (vi) of this clause.

 

(viii)     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:

 

(a)        If employed on continuous work be paid at the rate of double time; or

 

(b)        If employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter.

 

Except in each case when the time is worked:

 

(1)        By arrangement between the employees themselves; or

 

(2)        For the purpose of effecting the customary rotation of shifts; or

 

(3)        On a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with subsection (iii) Standing Down of Employees of Section III, General of clause 9, Contract of Employment of this award.

 

(c)        When not less than 7 hours 36 minutes notice has been given to the employer by a relief person that he/she will be absent from work and the employee whom he/she should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.

 

(ix)       Holiday and Sunday Work:

 

(a)        Payment for Work on a Holiday or a Sunday: Shift workers shall be paid for all time worked on a holiday or a Sunday at the rates prescribed by clause 14, Holiday and Sunday Work.

 

(b)        Rostered Off Duty - A shift worker whose ordinary rostered shift includes a holiday prescribed by clause 14, Holiday and Sunday Work, and who is rostered off duty on a holiday and who does not work shall:

 

(1)        be paid one day's pay additional to his weekly wage for each such holiday he is rostered off duty; or

 

(2)        in lieu of such payment and by mutual agreement with his employer he shall:

 

(A)       have one additional day of annual leave; or

 

(B)       be granted an ordinary working day off duty without loss of pay.

 

(c)        Holiday and Sunday Shifts - Where shifts commence between 11.00 p.m. and midnight on a holiday or a Sunday, the time so worked before midnight shall not entitle the employee to the holiday or Sunday rate.

 

Provided that the time worked by an employee on a shift commencing before midnight on the day preceding a holiday or Sunday and extending into a holiday or Sunday shall be regarded as time worked on such holiday or Sunday.  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.

 

16.  Sick Leave

 

(i)         Entitlement to Sick Leave - An employee on weekly hiring who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own wilful misconduct, shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations.

 

(a)        Subject to the provisions of the Workers' Compensation Act 1987, he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

 

(b)        That wherever possible, he/she shall prior to the commencement of his/her nominated starting time, or as soon as practicable thereafter, inform of the inability to attend for duty, and as far as possible state the nature of his/her illness or incapacity and the estimated duration of same.

 

(c)        He/she shall provide to the satisfaction of his/her employer (or, in the event of a dispute of the Industrial Relations Commission of New South Wales), that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

(d)        An employee shall not be entitled to leave in excess of the following:

 

(1)        After 3 months continuous service with an employer; 24 hours of ordinary working time; provided that for any absence or absences not exceeding 24 hours during the first 3 months for which the employee would otherwise have qualified for payment in accordance with paragraphs (a), (b) and (c) of this subclause, the employee shall be paid for such absence or absences upon the employee's application for payment after such 3 months.

 

Provided further that where at the commencement of employment it is agreed that the period of employment shall not exceed 3 months the employee shall be entitled to the provisions of this paragraph from the commencement of employment.

 

(2)        After 6 months continuous service with that employer, an additional 16 hours of ordinary working time; provided that for any absence or absences not exceeding 40 hours during the first 6 months for which the employee would otherwise have qualified for payment in accordance with paragraphs (a), (b) and (c) of this subclause, and subject to his/her having an untaken balance of sick leave standing to his/her credit, the employee shall be paid for such absence or absences upon the employee's application for payment after such 6 months.

 

(3)        On the anniversary date of his/her first and each subsequent year of service with that employer an additional 64 hours of ordinary working time.

 

(iii)       Cumulative Sick Leave - Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (d) of sub-clause (i), Entitlement to Sick Leave 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 the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

 

Provided that sick leave which accumulates shall be available to the employee for a period of 12 years from the end of the year in which it accrues.

 

17.  Carers Leave

 

(i)         Use of Sick Leave:

 

(a)        An employee with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c) of this subclause who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement for absences to provide care and support of such persons when they are ill.

 

(b)        The employee shall, if required, establish by production of a medical certificate or statutory declaration.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(1)        the employee being responsible for the care and support of the person concerned; and

 

(2)        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 paragraph:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(iii)       "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 their 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.

 

(ii)        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 class of person set out in subparagraph (2) of paragraph (c) of the subclause (i) of this clause who is ill.

 

(iii)       Annual Leave:

 

(a)        To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual at a time or times agreed by the parties.

 

(b)        Access to annual leave 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.

 

(iv)       Time Off In Lieu Of Payment Of 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.

 

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

 

(c)        An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked where such time has not been taken within four weeks of accrual.  Notwithstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked as an overtime payment or as time off work at the ordinary time rate of pay.

 

(v)        Make-Up Time:

 

(a)        An employee may elect, with the consent of their 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.

 

18.  Annual Leave

 

(i)         Day Workers:

 

(a)        Annual Leave Entitlements.  For annual leave entitlement provisions see Annual Holidays Act 1944.

 

(ii)        Shift Workers - In addition to the benefits prescribed by the said Act, shift workers shall be granted the following:

 

(a)        Payment for Period of Annual Leave - An employee before going on annual leave shall be paid the wages he/she would have received in respect of the ordinary time he would have worked had he/she not been on leave during the relevant period. An employee shall have the amount of wages to be received for annual leave calculated by including the following where applicable:

 

(1)        his/her "ordinary pay" as prescribed by the Annual Holidays Act 1944; and

 

(2)        the rate payable pursuant to subclause (ii), Mixed Functions, of clause 7, Wage Rates, of this award, 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.

 

(b)        Seven-day Shift Workers - A seven-day shift worker is an employee whose ordinary working period includes holidays and Sundays on which he/she may be regularly rostered for work.

 

In addition to the benefits prescribed by section 3 of the Act with regard to an annual holiday an employee who, during the year of his/her employment with respect to which he/she becomes entitled to the said annual holiday gives service as a seven-day shift worker, under this award shall be entitled to the additional leave as specified below.

 

(1)        If during the year of his/her employment he/she has served continuously as a seven-day shift worker the additional leave with respect to that year shall be one week.

 

(2)        Subject to subparagraph (4) of this paragraph if during the year of his/her employment he/she has served for only portion of it as a seven-day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker.

 

(3)        Subject to subparagraph (4) of this paragraph the employee shall be paid for such additional leave in accordance with the provisions prescribed by paragraph (i), Payment for Period of Annual Leave, of this subclause.

 

(4)        Where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

(5)        In this clause reference to "one week" and "one day" includes holidays and non-working days.

 

(c)        Payment on Termination of Employment - Where the employment of a worker has been terminated and he/she thereby becomes entitled under Section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday, payment of 3½ hours at such ordinary rate of wages shall be made with respect to each 21 shifts of service as a seven-day shift worker which he has/she rendered during such period of employment.

 

(iii)       Annual Holidays Loading:

 

(a)        Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and employee the annual holiday given and taken in more that on separate period, then before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this subclause.  (NOTE:  The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see paragraph (g) of this subclause.)

 

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

 

(c)        The loading is the amount payable for the period or the separate period, as the case may be, stated in paragraph (e) of this subclause at the rate per week of 17½ percent of the appropriate ordinary weekly wage rate calculated in accordance with the provisions of Table 1 - Rates of Pay, of Part B, Monetary Rates, for the classification in which the employee was employed immediately before commencing his annual holiday but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.

 

(d)        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 would have become entitled under the Act to an Annual Holiday, the loading then becomes payable in respect of the period of such annual holiday and is to be calculated in accordance with paragraph (c) of this subclause applying the award rates of wages payable on that day.

 

(e)        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 employee concerned:

 

(1)        an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with paragraph (c) of this subclause;

 

(2)        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 under the Act such proportion of the loading that would have been payable to him/her under this subclause if he 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.

 

(f)

 

(1)        When the employment of an employee is terminated by his/her 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 paragraph (f) of this subclause for the period not taken.

 

(2)        Except as provided by subparagraph (1) of this paragraph no loading is payable on the termination of an employee's employment.

 

(g)        Notwithstanding the provisions of paragraph (f) of this subclause an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on such annual holiday, shall be paid whichever is the greater of either the said annual holidays loading or the shift work allowances and weekend penalty rates, where applicable, for the ordinary time (not including time on a holiday prescribed by clause 17, Holiday and Sunday Work, of this award) which he/she would have worked during the period of the annual holiday.

 

(iv)       RDO in Relation to Annual Leave - For each four-week period which accrues or falls due to an employee, pursuant to the provisions of the Annual Holidays Act 1944, and:

 

(1)        where the employee’s ordinary hours of work are arranged in accordance with an average weekly hours system as prescribed in clause 12, Hours of Work - Day Workers; and

 

(2)        irrespective of whether the employee has his/her annual holiday in either one consecutive period or two, three, or four separate periods, then only one such period shall include a leisure day.

 

An employee’s RDOs are not holidays or special award holidays for the purpose of this award.

 

19.  Other Leave

 

(i)         Long Service Leave - For long service leave provisions see Long Service Leave Act 1955.

 

(ii)        Bereavement Leave

 

(a)        An employee on weekly hiring shall be entitled to a maximum of 2 days without loss of pay on each occasion and on the production of satisfactory evidence of the death in Australia of the employee's husband, wife, father, mother, brother, sister, child, stepchild or parents-in-law.

 

For the purposes of this subclause the words "wife" and "husband" shall include de facto wife or husband or same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis, and the words "father" and "mother" shall include foster father or mother and stepfather or mother.

 

(b)        Provided further, any employee on weekly hiring shall be entitled to a maximum of two days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside of Australia of an employee's husband, wife, father, mother, brother, sister, child or stepchild and where such employee travels outside of Australia to attend the funeral.

 

(iii)       Parental Leave, Carers' Leave and Family Leave - see Company Policy and the Industrial Relations Act 1996.

 

20.  Shop Stewards

 

(i)         Accredited Shop Steward - An employee appointed shop steward in the shop or department in which he/she is employed shall upon notification thereof to his/her employer, be recognised as the accredited representative of the union. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees whom he/she represents.

 

(ii)        Interviewing Union Official - Subject to the prior approval of the employer an accredited shop steward shall be allowed, at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited official of the union on legitimate union business.

 

21.  Notice Board

 

(i)         The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in each of his establishments or plants or job sites where employees are working or in separate buildings in each establishments or plant or job site so that such notice boards are reasonably accessible to all employees working under the award at the establishment or plant or job site.

 

(ii)        Accredited union representatives shall be permitted to put on the notice board or boards formal union notices, signed or countersigned by the representative so placing them. Any notice posted on such notice board or boards not so signed or countersigned may be removed by an accredited union representative or the employer.

 

22.  Amenities

 

(i)         Workshop and Depot

 

(a)        The Company and employees shall ensure that the prescribed amenities are kept clean.

 

(b)        The employer shall provide at the workshop or depot a suitable locker or suitable hanging facilities which will provide adequate protection for an employee's clothing and personal effects.

 

NOTE: Amenities for workshops and depots are those prescribed by the Factories, Shop and Industries Act 1962, and by the Regulations made under the Act.  The amenities prescribed include change room, meal room, dining tables, chairs, clothes lockers, tool lockers, food storage, meal heating facilities, garbage bins, showers, hand wash basins and sanitary conveniences.

 

(iii)       Water Supply - The employer shall provide an adequate supply of:

 

(a)        pure, cool drinking water which shall be available for use at anytime during working hours, and

 

(b)        boiling water for beverages which shall be available for use during meal and crib breaks.

 

23.  First-Aid

 

(i)         Attendant - The employer shall endeavour to have at least one person who has been trained to render first-aid in attendance when work is performed at an establishment.

 

(ii)        First-aid Outfit - In each workshop, depot and job site where employees are regularly employed, the employer shall provide and continuously maintain, at a place or places reasonably accessible to all employees, an efficient first-aid outfit.

 

(iii)       First-aid Allowance - An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications approved by the Workcover Authority of New South Wales shall be paid an allowance as set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, if he/she is appointed by his/her employer to perform first aid duty.

 

24.  Miscellaneous Provisions

 

(i)         Protective Clothing - Where employees are required to wear overalls and/or dust coats they shall be supplied by the employer.

 

(ii)        Damage to Clothing, Spectacles and Hearing Aids - Compensation to the extent of the damage sustained shall be made where in the course of the work clothing, spectacles or hearing aids are damaged or destroyed by fire or molten metal or through the use of corrosive substances.  Provided that this subclause shall not apply when an employee is entitled to workers' compensation in respect of the damage.

 

(iii)       Gas Masks - The employer shall provide respirators or gas masks for electric arc or oxy-acetylene operators working in places where fresh air cannot freely circulate.

 

(iv)       Gloves - Suitable gloves shall be provided by the employer for operators of pneumatic tools and/or punch and shearing machines.

 

(v)        Goggles - Suitable mica or other goggles shall be provided by the employer for each employee using emery wheels or where used by more than one employee such goggles shall be sterilised before being used by another employee. An employee when working on emery wheels shall wear the goggles provided for protection. Goggles containing celluloid shall not be considered suitable for the purposes of this provision.

 

(vi)       Masks - Where necessary suitable masks shall be provided for employees required to use compressed air for blowing dust from electrical machinery or equipment. An employee when performing such work shall wear the mask provided for protection. Masks containing celluloid shall not be considered suitable for the purposes of this provision.

 

(vii)      Protective Equipment - Welding - The employer shall provide a sufficient supply of the undermentioned equipment to enable each tradesperson and his/her assistant when engaged on work necessitating its use:

 

(a)        suitable asbestos sheets;

 

(b)        hand screens or helmets, fitted with coloured glass (or in the case of acetylene operators protective glasses with side shields);

 

(c)        anti-flash goggles;

 

(d)        aprons, leather sleeves and leggings (or coveralls of flameproof material) and gauntlet gloves;  and

 

(e)        gum or other insulating boots when working in places so damp that danger of electric shock exists.

 

An employee who is pursuant to this paragraph supplied with any of the equipment specified herein shall wear or use as the case may be such equipment in such a way as to achieve the purpose for which it is supplied. Where electric arc operators are working screens which shall be supplied and sufficient for the purpose shall be provided by the employer for the protection of employees from flash.

 

(viii)     Safety Gear for Live Work - Adequate Safety Gear (Including Insulating Gloves, Mats and/Or Shields Where Necessary) Shall be Provided By the Employer for Employees Required to Work on Live Electrical Equipment.

 

(ix)       Case Hardened Prescription Lenses - The employer, if it requires an employee to have his/her prescription lenses case hardened shall pay for the cost of such case hardening.

 

25.  Working Within Skills Competency and Training

 

(i)         The employer may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

 

(ii)        An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

(iii)       Any direction issued by the employer pursuant to subclause (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

26.  Grievance and Dispute Resolution Procedures

 

In the event of any issue or grievance arising, any such issue or grievance or any other like matter shall be dealt with in accordance with the following steps:

 

 

ISSUE

Step 1 - Employee/s concerned shall discuss issue/s

* Priority will be given to having most issues

with Foreperson or Supervisor

satisfactorily resolved within a 48-hour time frame

 

 

NO RESOLUTION

 

 

 

Step 2 - Employee/s concerned (and/or Union

 

Representative) shall discuss issue/s with Company

 

Manager

 

NO RESOLUTION

 

 

 

Step 3 - Employee/s concerned (and/or Union

* Telephone or Facsimile Facilities will be Provided

Representative) may at the employees option contact

 

union official

 

 

 

NO RESOLUTION

 

 

 

Step 4 - Union Official (and/or Employee/s

 

Representative) shall discuss issue/s

 

with company representatives

 

 

NO RESOLUTION

 

If settlement cannot be reached through the above steps, any party to this Award shall take the appropriate steps to have the issue/s referred to the Australian Industrial Relations Commission for conciliation and if necessary, arbitration.

 

While the above procedure is being carried out the ‘status quo’ will remain and work will continue in a safe normal manner and all parties to this Agreement will see that no strike, ban or limitation is in place.

 

27.  Leave Reserved

 

(i)         Competencies

 

The parties shall review the classification structure during the life of this Award with a view to introducing a competency based classification structure in the future.

 

(ii)        Superannuation

 

Com 10 shall continue to nominate one (1) Superannuation Fund (at the time of the making of this award the fund is the Australian Retirement Fund) into which to contribute all employees’ superannuation entitlements.  This arrangement shall be reviewed in the light of proposed superannuation legislation, if and when it is enacted, to the extent that it affects Com 10.

 

28.  No Extra Claims

 

It is a term of this award that the union shall not pursue any extra claims of any kind during the life of this award.

 

29.  Anti-Discrimination

 

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

 

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

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to 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 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."

 

Annexure

 

Part B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

(a)        Adults

 

Class

Weekly Rate as at

1 January 1998

Weekly Rate as at

1 January 1999

State Wage Case 2000 increases

 

$

$

$

C14

426.30

439.10

454.10

C13

448.30

461.80

476.80

C12

477.70

492.00

507.00

C11

505.00

520.20

535.20

C10

546.50

562.90

577.90

C09

573.90

591.10

606.10

C08

601.20

619.20

634.20

C07

628.50

647.40

662.40

C06

683.20

703.70

718.70

C05

710.10

731.40

746.40

C04

737.90

760.00

775.00

C03

792.50

816.30

831.30

C02a

819.80

844.40

859.40

C02b

874.60

900.80

915.80

 

State Wage Case increases effective from date Registration of Award.

 

(b)        Apprentices

 

(i)  Indentured Apprentices - The minimum weekly rates of wages for apprentices shall be as follows:

 

Rate as at 1.1.98

(2%)

Rate as at 1.1.99

(3%)

State Wage Increases

2000 (3.1%)

1st Year

166.80

171.80

177.10

2nd Year

226.20

233.00

240.20

3rd Year

326.75

336.55

347.00

4th Year

375.15

386.40

398.40

(ii)  Trainee Apprentices - The minimum weekly rates of wages for trainee apprentices shall be as follows:

1st Year

192.05

197.80

203.90

2nd Year

257.45

265.20

273.40

3rd Year

360.00

370.80

382.30

4th Year

395.05

406.90

419.50

 

Indentured Apprentices - The total rate of wages for apprentices in this award shall be calculated tot he nearest five cents, any broken part of five cents in the result not exceeding half of five cents to be disregarded.

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause

No.

Brief Description

Rate as at 1.1.98

(2% increase)

Rate as at 1.1.99 (3% increase)

State Wage Increase 2000 (3.1% increase) 2000

 

 

 

$

$

$

1

5(iii)(c)

Mileage allowance

0.51 per km

*

*

2

6(iii)(a)

Tool allowance

9.77 per week

10.05 per week

10.35 per week

3

11(I)(i)

Dirty work allowance

0.36 per hour

0.37 per hour

0.38 per hour

4

11(I)(ii)

Confined space

0.45 per hour

0.46 per hour

0.48 per hour

 

 

allowance

 

 

 

5

11(I)(iii)

Insulating material

0.45 per hour

0.46 per hour

0.48 per hour

 

 

allowance

 

 

 

6

11(I)(iv)(a)

Height allowance

0.39 per hour

0.40 per hour

0.41 per hour

7

11(I)(v)(a)

Wet allowance

0.36 per hour

0.37 per hour

0.38 per hour

8

11(I)(vi)(a)

Hot places allowance

0.36 per hour

0.37 per hour

0.38 per hour

9

11(I)(vii)

Cold places allowance

0.36 per hour

0.37 per hour

0.38 per hour

10

11(I)(viii)

Explosive-powered

0.93 per hour

0.96 per hour

0.99 per hour

 

 

tools

 

 

 

11

11(I)(ix)

Toxic substance

0.46 per hour

0.47 per hour

0.49 per hour

 

(c)

allowance

 

 

 

12

13(viii)(a)

Meal allowance

6.70 per meal

*

*

13

23(iii)

First-aid allowance

1.78 per day

1.83 per day

1.89 per hour

14

11(II)(iv)

Leading hand allowance

31.90 per week

32.90 per week

33.90 per week

 

See Electricians, &c. (State) Award.

 

Process for Reclassification (C13 - C11)

 

Preamble

 

As part of the process for development of the new Enterprise Agreement for 1998 the union, Company and Consultative Committee (CC) have agreed that any employee who nominates that they think are not correctly graded, according to the C-Level classification structure, will have their classification level re-considered.

 

It is anticipated that this review will be carried out in the first half of 1998.

 

The provisional timetable is as follows:

 

1 March - 1 April: Nomination Forms to be submitted

 

1 April - 1 May 1998: Nominations to be considered and response given to employee.

 

1 May - 1 June 1998: Any employee who is not satisfied with the outcome of their request to be re-classified submits appeal.

 

1 June - 1 July 1998:   All appeals to be considered and outcomes finalised.

 

NOTE: It is also anticipated that over the course of 1998 the current classification structure itself will be reviewed by the Consultative Committee with a view to re-writing it in such a way that it more closely reflects the current job structures performed at Com-10.

 

The following process describes only the initial review.  Any future ongoing assessment process will be developed jointly by the parties

 

Process

 

1.          Nomination for Review

 

1.1        It is open to any employee to nominate for a review of their C-level grading if they consider that they have attained the appropriate new skills to a competent level to warrant their position being reviewed with a view to progressing up the classification structure.

 

2.          Assessment of Nomination

 

2.1        Assessment to be carried out by the Reclassification Committee comprising of the Manufacturing Manager, Human Resources Manager, Power Assembly Supervisor, PCB Supervisor, Accessories Supervisor and the Stores Supervisor.  This assessment to take place between 1 May to 1 June 1998.

 

2.2        Individuals requesting their classification be reviewed must complete a "Reclassification Request Form" (Copy of which can be obtained from the Supervisor or HR Department).  This form should include as much detailed information as possible.

 

2.3        The completed form should then be given to the immediate supervisor and a copy forwarded to the Human Resources Manager.

 

2.4        The supervisor is required to complete the appropriate section of the form, stating whether they support the request for reclassification or not, and their reasoning as to why.  The form is then given to the Manufacturing Manager.

 

2.5        Employee is assessed according to indicative tasks related to the classification structure, position of the employee and availability of positions at the higher level classification level.  A written report detailing brief reasons for the decision, if unsuccessful, is made by the HRM and given to the Employee.

 

2.6        It will be responsibility of individual supervisors to communicate the results of the classification requests from their employees, as well as the reasons as to why a request may have be declined and what skills and/or training is required to achieve the classification sought.

 

2.7        Once the report (outlined in 2.5) has been finalised the HRM will ensure that the appropriate follow-up with the employee is carried out.

 

2.8        This effective date of reclassification will apply only for the initial review.  .Reclassifications will be effective from the date a copy of the form is received by the HR Manager (refer 2.3 above), provided that any request to the employee for additional information is satisfied promptly by the employee.  If the process is delayed by the employee not promptly providing the information, the effective date will be decided jointly by the company and the union.

 

 

3.          Appeal

 

3.1        Should any employee have any questions regarding the results of their reclassification request, they should consult their supervisor first.

 

3.2        Where it is considered appropriate or requested by the employee a formal meeting will be arranged with the employee.  The object of this interview is to ensure that the employee fully understands and accepts the reason why their application was not successful and that they have a path identified of how to fill in any skill/knowledge gaps.  The employee may be accompanied to this meeting by the union shop steward.

 

3.3        However, where any issue is not able to be resolved at this stage then Clause 26   "Grievance and dispute Resolution Procedure" Clause of the Award will be applied.

 

3.4        It should be the stated position of the appeal mechanism that it will not unreasonably disagree with the assessment carried out at the original assessment.

 

4.          Interim Reclassification Guidelines

 

4.1        Progression is conditional upon the need for the skills in an area (that is available positions).

 

4.2        Assessment will be based on:

 

The criteria in the core skills and/or competencies which are relevant to that area of work.

 

The demonstrated ability to undertake the majority of key tasks at the acceptable standard with minimum supervision.

 

The demonstrated ability to work in a team environment, for example, participation, cooperation and contributing to team effectiveness.

 

4.3        Training Plans

 

A training plan will be developed as soon as possible for a person to achieve necessary skills only where:

 

It is determined by Com 10 that skills are needed in an area (that is, a position is available).

 

As a result of the initial review, a person is identified as having a skills gap (that is, has not been progressed to the higher level).

 

Future training needs will be discussed when Com 10 and the Union consider issues of competencies and competency based training.

 

4.4        Operative Date

 

Operative Date - it is agreed that the operative date for this initial reclassification is based on when a copy of the form is received by the Personnel Officer.  Remember, you must give the original form to your supervisor at the same time.  The operative date may change if you do not promptly provide any additional information that is needed to complete your assessment.

 

 

 

T. M. KAVANAGH  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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