ADVERTISING SALES REPRESENTATIVES (SYDNEY DAILY NEWSPAPERS) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996 and
another matter.
(No. IRC815 and 4055 of 2001)
|
Before Commissioner
O'Neill
|
25 June 2001
|
REVIEWED AWARD
PART A
ARRANGEMENT
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Terms of
Engagement
4. Remuneration
5. Locomotion
6. Commission
7. Termination
of Employment
8. Annual
Leave
9. Annual
Holidays Loading
10. Sick Leave
11. Long
Service Leave
12. Right of
Entry
13. Records of
Employment
14. Parental
Leave
15. Arbitrated
Safety Net Adjustments
16. Personal/Carer’s
Leave
17. Bereavement
Leave
18. Anti-Discrimination
19. Redundancy
20. Disputes
Procedure
21. Area,
Incidence and Duration
PART B
MONETARY RATES
TABLE 1 - Minimum Award Wage Rates
TABLE 2 - Other Rates and Allowances
1. TITLE
This award shall be known as the Advertising Sales Representative
(Sydney Daily Newspapers) Award.
2. DEFINITIONS
(a) "Employee" - means a
Representative, a Probationary Representative and Cadet Representative
collectively.
(b) "Guild" - means the New South
Wales Sales Representatives and Commercial Traveller’s Guild.
(c) "Representative" - means a
person who on employment is engaged by the week and who is employed
substantially away from the employer's place of business in soliciting orders
for advertising space in newspapers, journals or periodicals, howsoever
described, within the jurisdiction of the Advertising Sales Representatives
(Sydney Daily Newspapers) Industrial Committee.
(d) "Probationary Representative" -
means a Representative employed on probation in accordance with the provisions of
subclause (b) of clause 3, Terms of Engagement of this Award.
(e) "Cadet Representative" -
means a person under the age of twenty-one years who is employed to perform the
duties of a Representative and who on employment is classified as a Cadet
Representative.
3. TERMS OF
ENGAGEMENT
(a) All employees:
(i) Within 28
days from the commencement of this award or, where the employment commences
after such date, within 28 days from the commencement of their employment, the
employer shall provide the employee with a written statement advising of:
(1) the
classification in this award in which the employee is employed;
(2) the
remuneration payable;
(3) the locomotion
allowance payable (if any);
(4) where commission
is payable, the particulars set out in subclause (b) of Clause 6 - Commission,
of this award; and
(5) where a
territory is allocated, the boundaries or limits of such territory.
(ii) Where a
territory is allocated to an employee after employment commences, within 28
days of its allocation the employer shall provide the employee with a written
statement advising the employee of the boundaries or limits of such territory.
(b) Probationary Representatives:
(i) A
Representative may be employed for no more than twelve months on probation.
(ii) No employer
shall employ more than one Probationary Representative for each three
Representatives (or part thereof) employed by that employer.
(iii) A person
under the age of twenty-one years who is employed as a Probationary
Representative and who completes the period of probation before attaining that
age shall be classified as a Representative on completion of the probationary
period.
(c) Cadet Representative:
(i) A Cadet
Representative may be employed for no more than two years as a cadet.
(ii) Upon
completion of two years' employment a Cadet Representative may be engaged as a
Probationary Representative according to the provisions of subclause (b) of
this clause.
4. REMUNERATION
(a) Subject to
subclause (e) of clause 6, Commission, of this award, the minimum weekly rates
of remuneration payable to employees shall be as set out in Table 1 - Minimum
Award Wage Rates, of Part B - Monetary Rates.
(b) The minimum
weekly rate of remuneration prescribed by subclause (a) of this clause shall be
paid weekly or fortnightly.
(c) An employee
who is required by the employer to remain away from his usual place of
residence on more than two nights in any one week, Monday to Sunday, inclusive,
shall for that week be paid the following amount, as set out in Item 1 of Table
2 - Other Rates and Allowances, in Part B - Monetary Rates in addition to the
remuneration prescribed by subclause (a) of this clause:
The provisions of
this subclause will not apply if the employer pays all reasonable expenses
incurred by an employee.
5. LOCOMOTION
(a) All means of
locomotion which an employer requires an employee to use for the purpose of
carrying out the employee’s duties shall be provided and shall be maintained by
the employer unless, by arrangement with the employer, the employee provides a
motor vehicle. If an employee in
pursuance of that arrangement does provide a motor vehicle the employee shall,
in addition to all other payments made to the employee in accordance with the
employee’s contract of employment, be paid a minimum allowance as a standing
charge, plus a weekly amount for the actual kilometres travelled by that
vehicle each week in the course of his/her employment, as set out in Item 2 of Table
2 - Other Rates and Allowances, of Part B - Monetary Rates.
(b) For the
purposes of subclause (a) of this clause, where an employee at the request of
the employer reports to their employer's place of business either or both on
commencement or completion of the employee's work on any day, the kilometres
travelled by the employee between the employee’s place of residence and the
employer's place of business, for the purpose of so reporting, shall not be
counted as kilometres travelled in the course of the employee's employment.
(c) Except where
the employment of an employee is terminated under Clause 7 - Termination of
Employment, of this award, an employee who has provided a vehicle by
arrangement with the employer shall be given at least four weeks' written
notice of the employer's intention to terminate or alter that arrangement or,
in lieu thereof, shall be paid the appropriate standing charge allowance for a
period of four weeks.
(d) The standing
charge car allowance prescribed by subclause (a) of this clause, shall be paid
during each week of the calendar year except in respect of periods -
(i) when the
employee is absent from duty otherwise than in accordance with the provisions
of this award and without the consent of the employer; or
(ii) in excess of
three consecutive weeks when the vehicle is unavailable due to accident or
mechanical defect; or
(iii) in excess of
a total of three complete weeks in any one year when the employee is unable to
work on account of personal illness or incapacity, provided that any period of
less than one complete week shall not be taken into account for the purpose of
this paragraph.
(e) Where the
employer terminates the employment of an employee who has provided a motor
vehicle for use in connection with the employee’s employment, by payment in
lieu of notice or in circumstances where the employer is required to pay salary
in lieu of notice, the standing charge allowance applying to the motor vehicle
provided by the employee shall also be paid for the same period for which
salary is paid or is required to be paid in lieu of notice.
(f) An employee
who -
(i) at the time
of their application for employment neither owned nor was in the process of
acquiring the ownership of a motor vehicle by hire purchase or otherwise; and
(ii) informed the
employer of that fact prior to their engagement; and
(iii) was
thereafter engaged on terms requiring the employee to provide a motor vehicle
for use in their employment; and
(iv) did provide
such motor vehicle;
shall be guaranteed a minimum of thirteen weeks'
employment and if before the expiry of that period the employer dismisses the
employee otherwise than for misconduct justifying summary dismissal, the
employer shall pay the employee for the unexpired portion of the period of
thirteen weeks:
(1) at the minimum
rate of remuneration prescribed by subclause (a) of clause 4 - Remuneration, of
this award, appropriate for the employee; and
(2) the standing
charge allowance prescribed by this clause.
(g) by agreement
between the employer and the Union, alternative locomotion arrangements not
less favourable to an employee in a particular case may be made in lieu of the
provisions of this clause.
6. COMMISSION
(a) Commission,
for the purpose of this award, shall be deemed to include any financial
payment, financial bonus or financial reward directly related to the soliciting
or obtaining of advertising material from a territory by an employee, but shall
not be deemed to include any incentive payment, bonus or reward periodically
made by the employer on the basis of profitability or performance of the
employer or any section, group or division thereof.
(b) Where an
employee is paid commission the employer shall, within 28 days from the date of
commencement of the employee's employment or where arrangements as to
commission are varied by the employer pursuant to subclause (d) of this clause,
within 28 days of the date of such variation, provide the employee with a
written statement containing the following particulars:
(i) the rate or,
where there is more than one rate, the rates of commission payable; and
(ii) the
conditions and terms on which commission or any part thereof is payable or is
not payable, and
(iii) deductions,
if any, which are made or may be made to the commission payable.
(c) Where the
employer and the employee make a written agreement or agreements relating to
commission or territory, the employee shall be provided with a true copy of
such agreement or agreements. In the
event that the employee loses their copy or copies, the employer will provide
the employee with a further copy or copies if the employee so requires.
(d) The employer
shall be entitled to terminate or alter any arrangements made with the employee
either on engagement or subsequently regarding payment of commission, upon
giving the employee at least 28 days written notice of such termination or
alteration, in circumstances where the alteration involves a decrease in the
rate of commission payable.
(e) An employee who
is remunerated wholly or in part by commission shall not, over a period of four
weeks, receive an average remuneration which is less than four times the weekly
remuneration prescribed from time to time for that employee under Sub-clause
(a) of Clause 4 - Remuneration, of this award.
7. TERMINATION
OF EMPLOYMENT
(a) Employment
shall be on a weekly basis and, subject to this award, shall continue from week
to week until brought to an end in accordance with this award.
(b) Employment may
be brought to an end by either party giving one full week's notice of any day
of intention to terminate the employment or by the payment or forfeiture of one
week's remuneration, as the case may be, in lieu thereof; provided that an
employer may dismiss an employee without notice for misconduct and in such case
remuneration shall be paid up to the time of dismissal only.
(c) Provided that
the employer and employee may make alternative arrangements which shall be not
less favourable to the employee in whole or in part than the provisions of this
clause.
(d) On termination
of the employment all moneys payable to the employee shall, subject to this
award, be paid to the employee on the day of such termination or forwarded to
the employee by pre-paid registered mail on the next working day.
NOTATION: For
further provisions which may be applicable when the employment of an employee
is terminated within the first thirteen weeks of employment, see subclause (f)
of Clause 5 - Locomotion, of this Award.
8. ANNUAL LEAVE
See Annual Holidays
Act 1944.
9. ANNUAL
HOLIDAYS LOADING
(a) In this clause
the Annual Holidays Act 1944 is
referred to as "the Act".
(b) Before an
employee is given and takes annual holidays or when by agreement between the
employer and the employee the annual holiday is given and taken in more than
one separate period, then before each of such separate periods the employer
shall pay the employee a loading determined in accordance with this
clause. (NOTE: The obligation to pay in advance does not
apply where a representative takes an annual holiday wholly or partly in
advance - see subclause (f) of this clause).
(c) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
(d) The loading is
to be calculated in relation to any period of annual holiday to which an
employee becomes entitled under the Act and this award, and then in relation to
each such separate period.
(NOTE: See subclause (f) of this clause as to holidays
taken wholly or partly in advance).
(e) The loading is
an amount payable for the period or the separate periods, as the case may be,
stated in subclause (d) of this clause at the rate per week of 17½ per cent of
the appropriate ordinary weekly time rate of pay prescribed from time to time
by subclause (a) of Clause 4 - Remuneration, of this award, for the
classification in which the employee was employed immediately before commencing
the employee's annual holiday.
(f) 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 the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (e) of this clause
applying the weekly rate of pay applicable to the employee on that day under
subclause (a) of Clause 4 - Remuneration, of this award.
(g) Where in
accordance with the Act, an 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 -
(i) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (e) of this clause.
(ii) 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 the
employee under the Act, such proportion of the loading that would have been
payable to the employee under this clause if the employee had become entitled
to an annual holiday prior to the close-down as the employee’s qualifying
period of employment in completed weeks bears to 52.
(h)
(i) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of termination the employee has not been given and
has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (e) of this clause for the period not taken.
(ii) Except as
provided by paragraph (i) of this subclause, no loading is payable on the
termination of an employee’s employment.
10. SICK LEAVE
Each employee who has completed three months' continuous
service and who is absent from work on account of personal illness or injury
shall be entitled to leave of absence with pay, subject to the following
conditions and limitations:
(a) The employee
shall, within twenty-four hours of the commencement of such absence, inform the
employer of the employee's inability to attend for duty and as far as
practicable state the nature of the illness or injury and the estimated
duration of the absence.
(b)
(i) The employee
shall forward such evidence as the employer may reasonably require that the employee
was unable by reason of such illness or injury to attend for duty on the day or
days for which sick leave is claimed. Subject to paragraph (ii) of this
subclause, the employee shall not be entitled in respect of the first year of
service to sick pay for more than five days or for more than eight days for
each year of service in the second and subsequent years of service.
(ii) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year provided that an employer shall not be
bound to credit a Representative for sick leave which has accrued more than
five years before the end of the last completed year of service.
11. LONG SERVICE
LEAVE
See Long Service Leave
Act 1955.
12. RIGHT OF ENTRY
Chapter 5, Part 7 of the Industrial
Relations Act 1996.
13. RECORDS OF
EMPLOYMENT
(a) Time sheets
and pay sheets to be kept by employers - see Section 129 of the Industrial Relations Act 1996; and
(b) Particulars to
be furnished by an employer to an employee on the payment of any wages - see
Section 123 of the Industrial Relations
Act 1996.
14. PARENTAL LEAVE
See Part 4 of Chapter 2 of the Industrial Relations Act 1996.
15. ARBITRATED
SAFETY NET ADJUSTMENTS
The rates of pay in this award include the adjustments
payable under the State Wage Case of 2001 (from the first pay period on or
after 26 October 2001). These
adjustments may be offset against:
(i) any
equivalent overaward payments; and/or
(ii) award
wage increases since 29 May 1991 other than
Safety Net, State Wage Case, and minimum Rates Adjustments.
16. PERSONAL /
CARERS’ LEAVE
1. Use of Sick Leave:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 16, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative" means a person
related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household" means a family
group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
2. Unpaid Leave for Family Purpose:
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
3. Annual Leave:
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
4. Time Off in Lieu of Payment for
Overtime:
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(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) If, having elected
to take time as leave in accordance with paragraph (a) of this subclause, the
leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
(d) Where no election
is made in accordance with the said paragraph (a), the employee shall be paid
overtime rates in accordance with the award.
5. Make-up Time:
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
17. BEREAVEMENT
LEAVE
(i) A weekly
employee shall be entitled on notice to bereavement leave, up to and including
the day of the funeral, without deduction of pay for a period not exceeding the
number of hours worked by the employee in two ordinary days' work on each
occasion of the death of a person prescribed in sub-clause (iii) below.
(ii) The employee
shall provide proof of death to the satisfaction of the employer, if required
by the employer.
(iii) Bereavement
Leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal Carer's Leave in sub-clause (1)(c)(ii)
of Clause 16 provided that for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) An employee
shall be entitled to bereavement leave under this clause in the event of the
death outside Australia of a person prescribed in sub-clause (iii) above, if
the employee goes overseas to attend the funeral.
(vi) Bereavement
leave may be taken in conjunction with other leave available under sub-clauses
1(a), 2, 3, 4 and 5 of Clause 16 - Personal/Carers' Leave. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
18. 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 victimize 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."
19. REDUNDANCY
(i) Application:
(a) This clause
shall apply in respect of permanent employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific period
of time or for a specified task or tasks or where employment is terminated due
to the ordinary and customary turnover of labour.
(ii) Introduction of Change:
(a) Employer's Duty to Notify:
(1) Where an
employer has made a definite decision to introduce major changes in production,
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.
(2) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer's Duty to Discuss Change:
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in Paragraph (a) of this
sub-clause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy:
(a) Discussions Before Terminations:
(1) Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing done by anyone pursuant to sub-paragraph (1) of
paragraph (a) of sub-clause (ii) above, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this sub-clause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimize the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the
purposes of the discussion, the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iv) Termination of Employment:
(a) Notice for Changes in Production,
Programme, Organisation or Structure:
This sub-clause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"production", "programme", "organisation" or
"structure" in accordance with sub-clause (ii)(a)(1) above.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service Period
of Notice
Less than 1 year 1
week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for Technological Change:
This sub-clause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with sub-clause (ii)(a)(1) above:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The period of
notice required by this sub-clause 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.
(c) Time Off During the Notice Period:
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee Leaving During the Notice
Period:
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment:
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice
to Appropriate Commonwealth Agency:
Where a decision has been made to terminate employees,
the employer shall notify the appropriate Commonwealth Agency thereof as soon
as possible giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(g) 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.
(h) Transfer to Lower Paid Duties:
Where an employee is transferred to lower paid duties
for reasons set out in Paragraph (a) of sub-clause (ii) above, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment had been terminated,
and the employer may, at the employer's option, make payment in lieu thereof of
an amount equal to the difference between the former ordinary time rate of pay
and the new ordinary time rates for the number of weeks of notice still owing.
(v) Severance Pay:
(a) Where an
employee is to be terminated pursuant to sub-clause (iv) above, subject to
further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Under 45
Years of Age Years
of Service
Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of
Service 45
Years of Age and
Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5 weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20
weeks
(3) `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 provided for in the relevant
award.
(b) Incapacity to Pay:
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in Paragraph (a)
above.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay in sub-clause (i) above will have on the employer.
(c) 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 Paragraph (a)
above if the employer obtains acceptable alternative employment for an
employee.
(vi) Savings Clause:
Nothing in this award shall be construed so as to require
the reduction or alteration of more advantageous benefits or conditions which
an employee may be entitled to under any existing redundancy arrangement, taken
as a whole, between the union and any employer bound by this award.
20. DISPUTES
PROCEDURE
(a) As soon as is
practicable after a dispute or claim has arisen, the employee concerned shall
take the matter up with his or her immediate supervisor, affording him or her
the opportunity to remedy the cause of the dispute or claim.
(b) Where any such
attempt has failed, the employee may take the matter up with a representative
of the management of the employer.
(c) If the matter
is not settled, the employee may notify a representative of the Union who, if
he or she considers that there is some substance in the dispute or claim, shall
forthwith take the matter up with the employer or his or her representatives.
(d) Without
prejudice to either party, work should continue in accordance with the award
while the matters in dispute are being dealt with in accordance with this
clause.
(e) If the matter
is not settled, it may be referred to the Industrial Relations Commission of
New South Wales for conciliation.
21. AREA,
INCIDENCE AND DURATION
(a) This award
shall apply to employees employed by the week in the State of New South Wales,
excluding the County of Yancowinna, within the jurisdiction of the Advertising
Sales Representatives (Sydney Daily Newspapers) Industrial Committee.
(b) This award is
made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the
Advertising Sales Representatives (Sydney Daily Newspapers) Award published 26
September 1984 (234 IG 2329) and all variations thereof.
(c) The award
published 26 September 1984 took effect from the beginning of the first pay
period to commence on or after 17 February 1984 and the variations incorporated
therein on the dates set out in the attached Schedule "A".
(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 IG 307) are
set out in the attached Schedule B and take effect on 25 June 2001.
NOTE: The rates of pay appearing in Table 1 - Rates of Pay, of Part B,
Monetary Rates, take effect on and from 26 October 2001.
(e) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Schedule A
Awards and Variations Incorporated
|
Clause
|
Award/Variation
Serial No.
|
Date of Publication
|
Date of taking Effect
|
Industrial Gazette
|
|
|
|
|
|
Vol.
|
Page
|
|
Advertising Sales Representatives (Sydney Daily
Newspapers) Award
|
81521
|
26 September 1984
|
17 February 1984
|
234
|
2329
|
|
4
|
81596
|
26 September 1984
|
6 April 1984
|
234
|
2397
|
|
4
|
83274
|
4 September 1985
|
6 April 1985
|
238
|
982
|
|
4
|
A1023
|
18 June 1986
|
4 November 1985
|
241
|
1204
|
|
4
|
A2572
|
22 April 1987
|
4 July 1986
|
245
|
223
|
|
4
|
A4439
|
11 May 1988
|
10 March 1987
|
248
|
568
|
|
4
|
A5183
|
24 August 1988
|
5 February 1988
|
249
|
790
|
|
10A
|
B4892
|
27 March 1997
|
30 August 1996
|
297
|
577
|
|
17
|
B7381
|
19 November 1999
|
10 December 1998
|
312
|
278
|
Schedule B
Changes Made on Review
Date of Effect: 25 June 2001
(1) Provisions Modified:
|
Clause
|
Previous Form of Clause Last Published
at:
|
|
|
I.G. Vol.
|
Page
|
|
Advertising Sales Representatives (Sydney Daily
Newspapers) Award
|
|
|
|
1
|
234
|
2329
|
|
2
|
234
|
2329
|
|
3
|
234
|
2329
|
|
4
|
249
|
790
|
|
5
|
249
|
790
|
|
6
|
234
|
2329
|
|
7
|
234
|
2329
|
|
8
|
234
|
2329
|
|
9
|
234
|
2329
|
|
10
|
234
|
2329
|
|
11
|
234
|
2329
|
|
12
|
234
|
2329
|
|
13
|
234
|
2329
|
|
14
|
234
|
2329
|
|
15
|
N/A
|
N/A
|
|
16
|
297
|
577
|
|
17
|
234
|
2329
|
|
18
|
234
|
2329
|
|
19
|
234
|
2329
|
|
20
|
234
|
2329
|
|
21
|
234
|
2329
|
|
Table 1
|
N/A
|
N/A
|
|
Table 2
|
N/A
|
N/A
|
(2) Provisions Removed:
|
Award
|
Clause
|
Previous Form of Clause Last Published
at:
|
|
|
|
I.G. Vol.
|
Page
|
|
Advertising Sales Representatives (Sydney Daily
Newspapers) Award
|
1 - BASIC
|
234
|
2329
|
PART B
MONETARY RATES
TABLE 1 - RATES OF PAY
|
Classification
|
Former Award Rate
(Per Week)
26.10.00
$
|
Minimum Award Wage Rate
(Per Week)
26.10.01
$
|
|
Representative
|
471.50
|
484.50
|
|
Probationary Representative
|
436.20
|
449.20
|
|
At 17 years of age
|
230.00
|
236.90
|
|
At 18 years of age
|
275.70
|
284.00
|
|
At 19 years of age
|
321.50
|
331.10
|
|
At 20 years of age
|
367.60
|
378.60
|
TABLE 2 - OTHER RATES AND ALLOWANCES
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1.
|
4(c)
|
Living away from home allowance -
Representative
Probationary
Representative
|
39.90 per week
36.10 per week
|
|
2.
|
5(a)
|
Motor vehicle allowance -
Standing
charge
Kilometres
travelled per week
|
186.70 per week
0.184 per kilometre
|
B.W. O'NEILL, Commissioner.
____________________
ADVERTISING SALES REPRESENTATIVES
(SYDNEY DAILY NEWSPAPERS) INDUSTRIAL COMMITTEE
INDUSTRIES AND CALLINGS
All persons in the State, excluding the County of
Yancowinna, employed by Australian Consolidated Press Limited, Conpress
Printing Limited, John Fairfax and Sons Limited, Mirror Newspapers Limited, and
Sungravure Pty. Limited substantially away from the employer’s place of
business in soliciting orders for advertising space in newspapers, journals or
periodicals, howsoever described;
Excepting -
Employees performing substantially clerical duties;
And excepting also -
Employees within the jurisdiction of the Commercial
Travellers (State) Industrial Committee.
____________________
Printed by the authority
of the Industrial Registrar.