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.