JEWELLERS AND WATCHMAKERS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5611 of 1999)
|
Before The Honourable
Justice Kavanagh
|
16 October 2000
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Anti-Discrimination
2. Conditions of Employment
3. Definitions
4. Payment of Wages
5. Hours
6. Overtime
7. Wages
8. Apprenticeship Trades
9. Penalty Rates for Certain ordinary Hours - Retail
Shops
10. Meal Times
11. Meal Allowance
12. Travel Allowance
13. Holidays
14. Annual Leave
15. Annual Holiday Loading
16. Sick Leave
17. Bereavement Leave
18. State Personal/Carer's Leave Case August 1996.
19. Jury Service
20. Mixed Functions
21. Piecework
22. General Provisions
23. Disputes Procedure
24. Redundancy and Retrenchment Provisions
25. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 ‑ Wages
Table 2 ‑ Other Rates and Allowances
PART A
1.
Anti-Discrimination
1.1 It is the intention of the parties bound
by this award to seek to achieve the object in s. 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, martial
status, disability, homosexuality, transgender identity and age.
1.2 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 an application to vary any provision
of the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
1.3 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.
1.4 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 s.
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.
1.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in the 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."
2. Conditions of
Employment
2.1 An employee may be employed as a weekly,
part-time or casual employee.
2.2 Weekly employees are employed to work 76
hours per fortnight.
2.3 Part-time employees -
(a) An employee
may be engaged by the week to work on a part-time basis for a constant number
of hours, which shall average less than 38 hours per week.
(b) Save for the
meal time prescribed, all time between the actual commencing time and the
actual ceasing time on any one day shall count and shall be paid for as time
worked.
(c) The provisions
of this award with respect to sick leave, holidays and Saturday penalty shall
apply to part-time employees on a pro rata basis.
(d) Casual
employees are engaged and paid as such.
2.4 Termination
of Employment -
(a) In the case of
misconduct justifying instant dismissal, an employee may be instantly
dismissed.
(b) In all other
cases, employment may be terminated by either party -
(i) During the
first three months of employment, by a moment's notice.
(ii) Thereafter,
by one week's notice or by the payment or forfeiture of one week's pay.
(iii) Employment
shall not be terminated, except for misconduct, while the employee is
legitimately absent from duty on accrued sick leave.
3. Definitions
3.1 Process Worker is an employee who is
undergoing or has completed structured training in order to perform the
following duties:
(a) works under
direct supervision either individually or in a team environment;
(b) understands
and undertakes basic quality control/assurance procedures, including the
ability to recognise basic quality deviations/faults;
(c) understands
and utilises basic statistical process control procedures.
Indicative of the tasks which an employee at this level may
perform are the following:
(d) undertakes
repetitious work on automatic, semi-automatic or single purpose machines or
equipment;
(e) assembles
components using basic written, spoken and/or diagrammatic instructions in an
assembly environment;
(f) undertakes
basic soldering or butt and spot welding skills;
(g) uses selected
hand tools;
(h) maintains
simple records;
(i) uses hand
trolleys and pallet trucks;
(j) assists in
the provision of on-the-job training in conjunction with tradespersons and
supervisor/trainees.
3.2 Watch/Clockmaker Tradesperson - an
employee engaged in the repairing and servicing of Mechanical and/or electronic
clocks and watches and time-keeping equipment.
3.3 Jeweller Tradesperson - an employee
engaged in the manufacture and repair of jewellery and/or engraving.
3.4 Watch/Clockmaker Tradesperson, Special
Class - an employee engaged in the making, repairing and/or servicing of
watches and clocks, including the restoration of antique timepieces.
3.5 Jeweller Tradesperson, Special Class -
an employee engaged in the designing, making and/or repairing of custom made
jewellery.
4. Payment of Wages
4.1 All wages shall be paid weekly in
addition to any commission, bonus or premium to which the employee is entitled.
Such payment shall be made on the same day of each week, which shall not be a
Friday, a Saturday or a Sunday, except as herein provided for, and shall be
made up to and including at least the third day preceding the day of payment.
Provided that, in a week where an award holiday falls on the day on which wages
are usually paid, payment thereof shall be made not later than the working day
immediately preceding the award holiday. Other arrangements regarding payment
may be made by agreement between the employer and the union. Notwithstanding
the foregoing:
(a) overtime shall
be paid not later than a week from the second day succeeding the day on which
it was earned. Provided that when an employee is paid fortnightly in accordance
with paragraph (g) of this subclause, then overtime worked in the second week
of a pay period may be paid in the following pay period.
(b) Where
employment is terminated, an employee shall be paid forthwith all ordinary
wages due and shall be paid all overtime and other moneys due within seven days
of the date of the termination of employment.
(c) In the event
of an employer not paying the said overtime and other moneys due at the time at
which he/she has undertaken to pay, then the employer shall reimburse the
employee all expenses he/she has incurred in attending to collect the amounts
due to him/her.
(d) Casual employees and part-time employees may elect to
be paid on a Friday, Saturday or Sunday, should they so wish.
(e) When an
employee is required by an employer to wait beyond the ordinary ceasing times
of the employee for payment of ordinary wages or when an employee is terminated
and required to wait for payment of ordinary wages after the period of the
termination for a period of more than 15 minutes, payment at ordinary rates
shall be paid for such waiting period.
(f) wages may be
paid by electronic funds transfer. Provided that, where wages are paid by
electronic funds transfer, additional costs associated with the introduction
and operation of electronic funds transfer shall be paid for by the employer.
(g) Wages may be
paid fortnightly, provided that the employee is paid no later than the third
day of the second week of the pay period.
5. Hours
5.1 The ordinary hours of work of all
employees shall not exceed 38 per week and shall be worked on five days of the
week, Monday to Sunday, inclusive, in retail shops and Monday to Friday in
other than in retail shops. Save for meal times prescribed in clause 10, meal
Times, all time between the actual commencing time and ceasing time on any one
day shall be paid for as time worked. Provided that an employee may be worked
so that the maximum number of hours that shall constitute an ordinary week's
work without the payment of overtime shall not exceed an average of 38 per week
and may be worked in any one of the following forms -
(a) 38 hours in
one week;
(b) 76 hours in
two consecutive weeks;
(c) 114 hours in
three consecutive weeks;
(d) 152 hours in
four consecutive weeks;
and shall be worked on not more
than five days in any week.
5.2 The ordinary
hours of work of employees engaged in a retail shop may be from 6.00 a.m. to
6.00 p.m. Monday, Tuesday, Wednesday, Saturday, Sunday and from 6.00 a.m. to
9.00 p.m. Thursday and Friday.
5.3 The ordinary
hours of work of employees engaged other than in a retail shop may be worked on
any day or all of the days of the week, Monday to Friday. The ordinary hours of
work prescribed herein shall be worked continuously, except for meal breaks, at
the discretion of the employer between 6.00 a.m. and 6.00 p.m.; provided that
the spread of hours may be altered by mutual agreement between an employer and
the majority of employees in the plant or section or sections concerned.
5.4 Within the
commencing and ceasing times prescribed in subclauses 5.2 and 5.3 of this
clause, employees shall be given a regular starting and finishing time for each
day which shall not change except by a minimum of seven days, notice or unless
by agreement with the employee or in the event of an emergency.
5.5 All weekly and
part-time employees shall be rostered their ordinary hours of work on any five
days of the week, Monday to Sunday in retail shops and Monday to Friday in
other than retail shops, on the following bases:
(a) There shall
not be more than one long day in any week. A long day is defined as a day
exceeding nine ordinary hours of work. Provided that, by mutual agreement,
additional long days may apply.
(b) The maximum
number of ordinary hours which may be worked in any one day per week shall be
11 hours.
(c) Ordinary hours
shall be worked on not more than five days in each week, provided that ordinary
hours may be worked on six days in one week if, in the following week, ordinary
hours are worked on not more than four days.
5.6 There shall be
not less than a ten‑hour break between finishing work (including
overtime) on one day or shift and the commencement of work on the next day or
shift.
6. Overtime
6.1 An employee
shall be paid overtime for all work as follows:
(a) in excess of:
(i) 38 hours per
week; or
(ii) an average of
38 hours per week in accordance with clause 5, Hours;
(iii) five days per
week (or six days or four days pursuant to subclause 5.5 of the said clause 5);
(iv) in excess of
nine hours on any one day; provided that on
one day per week up to 11 hours may be worked without the payment of overtime
and, by mutual agreement, additional days of up to 11 ordinary hours may be
worked without the payment of overtime;
(b) before an
employee's regular commencing time on any one day.
(c) after the
prescribed finishing time on any one day.
(d) outside the
ordinary hours of work.
(e) Employees who
work on their rostered day off shall be paid at the rate of time and one-half
for the first two hours and at the rate of double time thereafter, with a
minimum payment of four hours at the overtime rate.
6.2 The rate of
overtime shall be time and one-half for the first two hours of any one day and
at the rate of double time thereafter.
6.3 Any portion of
an hour less than 30 minutes shall be reckoned as 30 minutes and any portion of
an hour over 30 minutes shall be reckoned as one hour, except where an employee
is required to work after closing time to attend to customers then in the shop,
or in connection with closing the shop, including the checking of cash
received, when the time actually worked shall count.
6.4 Where an
employee has performed duty on overtime, the employee may be released from duty
for a period not exceeding the period of overtime actually worked, subject to
the conditions herein:
(a) An employer
may only be released from duty in lieu of payment for overtime at the request
of the employee and with the agreement of the employer. Such agreement shall be
in writing and be kept with the time and wages records.
(b) An employee
may not accumulate more than 20 hours to be taken as leave in lieu of overtime
payment and shall be taken within four weeks of accrual. Where such leave is
not taken in the period it shall be paid for at the appropriate overtime rate.
(c) This provision
shall only apply in respect of overtime worked between Monday to Friday,
inclusive. Normal penalties for overtime worked on Saturday and Sunday shall
apply for those days.
7. Wages
7.1 The minimum
rates of pay for the classifications set out hereunder shall, subject to the
other provisions of this award, be the weekly rates for all the classifications
detailed and as appearing in Table 1 - Wages, of Part B, Monetary Rates.
7.2 The rates of
pay shall be calculated to the nearest ten cents and any broken part of ten
cents in the result not exceeding five cents shall be disregarded.
7.3 Leading Hands
- An employee appointed to be in charge of other employees shall be paid the
amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
7.4 Tool Allowance
- All tradespersons and apprentices are to receive a weekly tool allowance, for
all purposes of the award as detailed in Item 2 of the said Table 2.
7.5 Part-time
Employees - Part-time employees shall be paid an hourly rate ascertained by
dividing the Weekly rate payable under the said Table 1 by 38.
7.6 Casual
Employees - Casual employees shall be paid an hourly rate ascertained by
dividing the weekly rate payable under Table 1 by 38, plus 15 per cent.
7.7 The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 may 1991 other than safety net, State Wage Case and minimum
rates adjustments.
8. Apprenticeship
Trades
8.1 Except as
otherwise provided in this award, minors hereafter entering the trade of
jewellery or watchmaking shall be apprenticed by indenture for a period of four
years to any of the undermentioned occupations:
(a) Watchmaker
(watch and/or clock repairer); or
(b) Jeweller
(manufacturer and/or repairer); or
(c) Setter (gem);
or
(d) Engraver.
9. Penalty Rates for
Certain Ordinary Hours - Retail Shops
9.1 All ordinary
hours worked by weekly and part-time employees on Saturday or after 6.00 p.m.
on Thursday and Friday shall be paid for at the rate of time and one-quarter.
9.2 All ordinary
hours worked by employees on a Sunday shall be paid for at the rate of time and
one-half.
9.3 Casual
employees working on a Saturday shall receive the amounts as set out in Item 3 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, by way of a fixed loading in addition to
the hourly rate of pay.
9.4 The penalties
and loadings prescribed in subclauses 9.1, 9.2 and 9.3 shall not be taken into
consideration when calculating any payment for overtime, public holidays or any
period of sick leave.
10. Meal Times
10.1 An employee who
works five ordinary hours or more on any day shall be allowed on such day a
meal break (unpaid) of not less than 30 minutes and not greater than one hour.
10.2 Provided that
the meal break referred to in subclause 10.1 of this clause shall be given and
taken so that no employee shall work more than five consecutive hours without a
meal break. Provided that where an employee is engaged to work no more than six
hours in any one day, up to six hours may be worked without a break.
10.3 An employee who
is required to work on any day later than 6.30 p.m. (other than in shops which
close at 7.30 p.m.) shall be allowed not less than 30 minutes nor more than one
hour for an evening meal (unpaid) on that day between 4.30 p.m. and 6.30 p.m.
10.4 To meet special
cases, mutual agreements may be made between an employer and employee regarding
meal times.
11. Meal Allowance
11.1 Employees
required to work overtime for more than two hours without being notified on the
previous day or earlier of the requirement to work overtime shall either be
supplied with a meal by the employer or paid an amount as set out in Item 4 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the first
meal and each subsequent meal but such payment need not be made to employees.
Living in the same locality as their workshops who can reasonably return home
for meals.
11.2 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 meals or make payment in lieu thereof as prescribed in subclause
11.1 hereof. 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 an amount as prescribed in subclause 11.1 for
meals which he/she has provided but which are surplus.
12. Travel Allowance
12.1 An employee
required to provide a bicycle or motorcycle shall be paid the amounts as set
out in Item 5 of Table 2 - other Rates and Allowances, of Part B, Monetary
Rates.
12.2 An employee
required to provide a motor car shall be paid an amount as set out in Item 6 of
the said Table 2, provided that, where an employee occasionally uses his or her
car by agreement with the employer on the employer's business the employee
shall be paid an allowance for each kilometre travelled as set out in Item 7 of
Table 2. If the employer provides a vehicle, the whole of the cost of the
upkeep. registration, insurance and running expenses shall be paid for by the
employer.
13. Holidays
13.1 The days
observed as New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day
and all days proclaimed as public holidays for the State shall be holidays;
provided that any day proclaimed as a holiday for the State for a special
purpose but observed throughout the State on different days shall also be a
holiday.
13.2 Every employee
allowed a holiday specified in subclause 13.1 hereof shall be deemed to have
worked, in the week in which the holiday falls, the number of ordinary working
hours that would have been worked had the day not been a holiday.
13.3 Provided that
any employee whose roster is changed with the intent of avoiding or reducing
payment due or the benefit applicable under this clause and who would, but for
the change of rosters, have been entitled otherwise to a payment or benefit for
a public holiday or holidays. shall be paid for such holiday or holidays as if
the roster had not been changed.
13.4 Provided
further that where an employee is rostered so that he/she does not work his/her
ordinary hours on the same days each week and the employee's rostered day off
falls on a day prescribed as a holiday in subclause 13.1 herein, the employee
shall be paid by mutual agreement between employer and the employee in one of
the following methods:
(a) payment of an
additional day's wages; or
(b) addition of
one day to the employee's annual holidays; or
(c) another day
may be allowed off with pay to the employee within 28 days after the holiday or
during the week prior to the holiday.
For the purpose of this paragraph,
"day" means the average number of hours in the employee's normal
roster cycle worked by the employee prior to the day on which the public
holiday falls.
13.5 An employee
absent without leave on the day before or the day after any award holiday shall
be liable to forfeit wages for the day of absence as well as for the holiday,
except where an employer is satisfied that the employee's absence was caused
through illness, in which case wages shall not be forfeited for the holiday.
Provided that an employee absent on one day only either before or after a group
of holidays shall forfeit wages only for one holiday as well as for the period
of absence.
13.6 Work done on
any of the holidays prescribed in subclause 13.1 shall be paid for at the rate
of double time and one-half, with a minimum payment of three hours.
13.7 In addition to
the holidays specified in subclause 13.1, an employee shall be entitled to one
additional day as a holiday in each calendar year. Such additional holiday
shall be mutually agreed upon between the employer and employee. The additional
holiday is not cumulative and must be taken within each calendar year.
13.8 Employees
engaged on piecework or any other system of payment by results shall be paid
for such holidays at their average daily rate for the preceding month.
14. Annual Leave
See Annual Holidays
Act 1944.
15. Annual Holiday
Loading
15.1 In this clause
the Annual Holidays Act 1944 is
referred to as "the Act".
15.2 Before an
employee is given or takes an annual holiday or, where 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 his/her employee a loading determined in accordance with this clause.
(NOTE: The obligation to pay in advance
does not apply where an employee takes an annual holiday wholly or partly in
advance (see subclause 15.6 of this clause).
15.3 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 and this award.
15.4 The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled (but excluding days added to compensate
for public or special holidays worked or public or special holidays falling on
an employee's rostered day off not worked) or where such a holiday is given and
taken in separate periods, then in relation to each such separate period.
(NOTE: See subclause 15.6 of this
clause as to holidays taken wholly or partly in advance.)
15.5 The loading is
the amount payable for the period or the separate periods, as the case may be,
stated in subclause 15.4 of this clause at the rate per week of 17.5 per cent
of the appropriate ordinary weekly time rate of pay prescribed by this award
for the classification in which the employee was employed immediately before
commencing his/her annual holidays, together with additional sums prescribed
for leading hands in this award, but shall exclude any other allowances,
penalty rates, overtime rates or any other payments prescribed in this award.
15.6 No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he/she would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause 15.5 of this clause, applying the
award rates of wages payable on that day.
15.7 Where, in
accordance with the Act, the employer's establishment or part thereof is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause 15.5 of this clause.
(b) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid, in addition to the amount payable under
the Act, such proportion of the loading that would have been payable under this
clause if he/she had become entitled to an annual holiday prior to the
closedown as the qualifying period of employment in completed weeks bears to
52.
15.8
(a) 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 entitlement, payment of
a loading calculated in accordance with subclause 15.4 of this clause for the
period not taken shall be made.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
16. Sick Leave
16.1 An employee,
other than a casual who, subject to subclause 16.2 of this clause, 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 serious and wilful
misconduct, shall be entitled to be paid at ordinary-time rates of pay for the
time of such non-attendance, subject to the following:
(a) An employee
shall not be entitled to paid leave of absence for any period in respect of
which there is an entitlement to workers' compensation.
(b) An employee
shall not be entitled during the first year of continuous employment with an
employer to sick pay for more than 38 hours and, during the second and
subsequent years of continuous employment with the employer, to be paid sick
leave of more than 61 hours per year.
Any period of paid sick leave allowed
by the employer to an employee in any year of continued employment shall be
deducted from the period of sick leave which may be allowed or may be carried
forward under this award in or in respect of such year.
(c) The rights
under paragraph (b) of this subclause shall accumulate from year to year so
long as the employment continues with the same employer so that any part of the
entitlement prescribed in paragraph (b) hereof which has not been allowed in
any year may be claimed by the employee and shall be allowed by the employer in
any subsequent year, subject to the conditions prescribed herein; provided that
in any year an employee shall not be entitled to take more than 380 hours
accumulated sick leave and provided further that nothing in this subclause
shall serve to reduce the entitlement of an employee who has accumulated more
than 585 hours sick leave pursuant to this subclause.
16.2 The payment for
any absence on sick leave in accordance with this clause during the first three
months of employment by an employee may be withheld by the employer until the
employee completes such three months of employment, at which time the payments
shall be made.
16.3 The granting of
sick leave shall be subject to the following conditions and limitations:
(a) Before the
commencement of work, the employee shall inform the employer of the inability
to attend for duty and, as far as practicable, state the nature of the injury
or illness and the estimated duration of the absence. If this provision cannot
be met the employer may require the employee to furnish evidence, in the form
of a doctor's certificate, explaining failure to comply with this provision.
(b) The employee
shall furnish to the employer such evidence as the employer reasonably may
request for the inability to attend work, indicating such illness or injury for
which sick leave is claimed.
(c) For the
purposes of this clause as it relates to a part-time employee's "day',
this shall mean the number of hours the employee would have worked on the day
on which he/she was absent had there been no sickness.
16.4 For the purpose
of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause,
proof whereof shall, in each case, be the responsibility of the employee.
16.5 Service before
the date of coming into force of this clause shall be counted as service for
the purpose of qualifying thereunder.
16.6 For the purpose
of this clause, the word "year" shall mean a period of 12 months
commencing on the day on which the employment commenced.
16.7 For the purpose
of sick leave accumulated for years prior to the term, "day", shall
mean a period of eight hours.
17. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of a person in
Australia as prescribed in subclause (iii) of this clause. Where the death of a
person as prescribed by the said subclause (iii) occurs outside Australia, the
employee shall be entitled to up to two days bereavement leave where the
employee travels outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 18, State
Personal/Carer s Leave Case - August 1996, 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) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) and (5) of the said clause 18. 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. State
Personal/Carer's Leave Case ‑ August 1996
(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) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of subclause 6.4 of
clause 6, Overtime the following provisions shall apply.
(b) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) where no
election is made in accordance with the said paragraph (a) the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time, under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work
"make-up-time" (under which the employee takes time off ordinary
hours and works those hours at a later time), at the shift work rate which
would have been applicable to the hours taken off.
19. Jury Service
19.1 An employee on
weekly hiring required to attend for jury service during ordinary working hours
shall be reimbursed by the employer an amount equal to the difference between
the amount paid in respect of attendance for such jury service and the amount
of wages which would have been received in respect of the ordinary time worked,
had he/she not been on jury service.
19.2 An employee
shall notify the employer as soon as possible of the date for attending jury
service. Furthermore, the employee shall give the employer proof of attendance,
the duration of such attendance and the amount received in respect of such jury
service.
20. Mixed Functions
20.1 An employee
engaged for more than half of one day on duties carrying a higher rate than
his/her ordinary classification shall be paid the higher rate for such day. An
employee so engaged for half a day or less shall be paid the higher rate for
the time so worked.
21. Piecework
21.1 Piece work (if
agreed upon by the employer and a majority of employees engaged in a particular
workplace) shall be permitted and accepted at prices so arranged that a
pieceworker shall earn at least ten per cent in excess of the award rate for
the particular class of work.
21.2 Where a payment
is made under the bonus system, each week's operations shall be separate so
that any deficiency during one week's operations shall not be set off against
an excess for another week's operations.
22. General
Provisions
22.1 The employer
shall provide all disposable/destructible tools such as files, saws, scorpers
and emery paper.
23. Disputes
Procedure
23.1 Procedure
relating to a grievance of an individual employee -
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
23.2 Procedure for
a dispute between an employer and the employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employee's for the purposes
of each procedure.
23.3
(a) If after
following the procedures in 23.1 and 23.2 the dispute remains unresolved it
shall be referred to the Industrial Relations Commission of New South Wales
pursuant to Section 130 of the NSW Industrial
Relations Act 1996
24. Redundancy and
Retrenchment Provisions
24.1 Application -
(i) These provisions
shall apply in respect of full-time and part‑time persons employed in the
classifications specified by clause 3, Definitions.
(ii) In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of subclause 24.4 of this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this award 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.
24.2 Introduction
of Change -
(i) Employer's
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(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 locations and the
restructuring of jobs.
Provided that where this award
makes provision for alteration of any of the matters referred to herein, an
alternation shall be deemed not to have significant effect.
(ii) 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 the said paragraph (i).
(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.
24.3 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 to be done by anyone pursuant to subparagraph
(a) of paragraph (i) of subclause 24.2, Introduction of Change, and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong.
(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 paragraph (a) of
this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on employees concerned.
(c) For the
purpose of the discussions 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.
24.4 Termination
of Employment -
(i) Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure in
accordance with subparagraph (a) of paragraph (i) of subclause 24.2 of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give the employee
the following notice:
Period of
continuous service Period
of notice
Less than
one 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
(b) In addition to
the above notice, employees over 45 years of age at the time of giving of the
notice, with not less than two years continuous service, shall be entitled to
an additional week's notice.
(c) 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.
(ii) Notice of
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with with subparagraph (a) of paragraph (i) of subclause 24.2 of
this clause:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three 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 purpose 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 Commonwealth Employment Service
- Where a decision has been made to terminate employees, the employer shall
notify the Commonwealth Employment Service thereof as soon as possible, giving
the 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.
(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.
(viii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (i) of subclause 24.2 of this clause the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment had been terminated
and the employer may, at the employer's option, make payment in lieu thereof of
an amount equal to the difference between the former ordinary‑time rate
of pay and the new ordinary‑time rates for the number of weeks still
owing.
24.5 Severance Pay
-
(i) Where an
employee is to be terminated pursuant to subclause 24.4 and 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
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
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale -
Years of
service 45
years of age and
over entitlement
Less than 1
year ............................................ Nil
1 year and
less than 2 years ........................ 5 weeks
2 years and
less than 3 years ...................... 8.75 weeks
3 years and
less than 4 years ...................... 12.5 weeks
4 years and
less than 5 years ...................... 15 weeks
5 years and
less than 6 years ...................... 17.5 weeks
6 years and
over ........................................... 20 weeks
(c) "Week's
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
Pay - Subject to 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 paragraph
(i) of subclause 24.5 of this clause.
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 paragraph (i) will have on the employer.
(iii) Alternative
Employment - Subject to application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in the said paragraph (i) if the employer obtains
acceptable alternative employment for an employee.
24.6 Savings -
Nothing in these provisions 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 any employer bound by this award.
25. Training Wage
Refer to Metal Trades (Training Wage) (State) Award.
26. Area, Incidence
and Duration
This award rescinds and replaces the Jewellers and
Watchmakers, &c. (State) Award published 15 March 1996 (291 I.G. 357), and
all variations thereof.
It shall apply to jewellery manufacturers, jewellers,
goldsmiths, silversmiths, gilders, chasers, engravers, lapidarists and persons
engaged in the manufacture or repair of watches or clocks in the State,
excluding the County of Yancowinna, within the jurisdiction of the Jewellers,
&c. (State) Industrial Committee and the Watchmakers, &c. (State)
Industrial Committee.
This award shall take effect on and from 16 October 2000 and
shall remain in force thereafter for a period of 12 months.
PART B
MONETARY RATES
Table 1 - Wages
(a) Adult
Employees - All adult employees of a classification specified herein in any of
the industries or sections thereof to which this award applies will, except as
otherwise specified, be paid the total wage as contained in Column D.
|
|
Column A
|
Column B
|
Column C
|
Column D
|
Column E
|
|
Classification
|
|
|
|
|
Hourly
|
|
|
Classification Level
$
|
Supplementary Payment
$
|
Safety Net Adjustment
$
|
Total Wage Per Week
$
|
Award Rate
$
|
|
Process Worker
|
299.50
|
42.60
|
75.00
|
417.10
|
10.98
|
|
Watch/Clockmaker
|
|
|
|
|
|
|
Tradesperson
|
365.20
|
52.00
|
75.00
|
492.20
|
12.95
|
|
Jeweller Tradesperson
|
365.20
|
52.00
|
75.00
|
492.20
|
12.95
|
|
Watch/Clockmaker
|
|
|
|
|
|
|
Tradesperson, Special
|
|
|
|
|
|
|
Class
|
401.70
|
57.20
|
75.00
|
533.90
|
14.05
|
|
Jeweller Tradesperson,
|
|
|
|
|
|
|
Special Class
|
401.70
|
57.20
|
75.00
|
533.90
|
14.05
|
(b) Unapprenticed
Juniors -
|
|
Column A
|
Column B
|
Column C
|
|
|
Percentage of Process
|
|
|
|
Classification
|
Workers Min.
|
Safety Net
|
Total Wage
|
|
|
Classification Level
|
Adjustments
|
Per Week
|
|
|
%
|
$
|
$
|
|
Under 16 years of age
|
36.8
|
27.60
|
153.50
|
|
At 16 years of age
|
47.3
|
35.50
|
197.30
|
|
At 17 years of age
|
57.8
|
43.35
|
241.10
|
|
At 18 years of age
|
68.3
|
51.20
|
284.90
|
|
At 19 years of age
|
82.5
|
61.90
|
344.10
|
|
At 20 years of age
|
97.7
|
73.30
|
407.50
|
(c) Apprentices
-
|
|
Column A
|
Column B
|
Column C
|
Column D
|
|
|
Percentage of
|
|
|
|
|
Classification
|
Tradespersons
|
Safety Net
|
Total Wage
|
Hourly
|
|
|
Min. Classification Level
%
|
Adjustments
$
|
Per Week
$
|
Award Rate
$
|
|
First year
|
42.0
|
27.90
|
206.70
|
5.44
|
|
Second year
|
55.0
|
34.60
|
270.75
|
7.12
|
|
Third year
|
75.0
|
47.25
|
369.15
|
9.71
|
|
Fourth year
|
88.0
|
55.45
|
433.10
|
11.40
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Amount
|
|
No.
|
No.
|
|
$
|
|
1
|
7.3
|
Leading Hand in charge of -
|
|
|
|
|
3
to 10 employees
|
20.90 per week
|
|
|
|
11
to 20 employees
|
31.40 per week
|
|
|
|
over 20 employees
|
39.90 per week
|
|
2
|
7.4
|
Tool Allowances -
|
|
|
|
|
tradesperson
|
10.20 per week
|
|
|
|
4th
year apprentice
|
9.00 per week
|
|
|
|
3rd
year apprentice
|
7.60 per week
|
|
|
|
2nd
year apprentice
|
5.60 per week
|
|
|
|
1st year apprentice
|
4.30 per week
|
|
3
|
9.3
|
Casual Saturday penalties -
|
|
|
|
|
(i) Up to and including a four-hour engagement -
|
|
|
|
|
Adult
males and females
|
4.40 per engagement
|
|
|
|
Junior
employees
|
3.20 per engagement
|
|
|
|
(ii) More than a four-hour engagement -
|
|
|
|
|
Adult
males and females
|
8.90 per engagement
|
|
|
|
Junior employees
|
5.20 per engagement
|
|
4
|
11.1
|
Meal Allowance
|
6.20 per occasion
|
|
5
|
12.1
|
Bicycle Allowance
|
8.30 per week
|
|
|
|
Motorcycle Allowance
|
26.30 per week
|
|
6
|
12.2
|
Car Allowance -
|
|
|
|
|
Up
to and including 2,000cc
|
87.90 per week
|
|
|
|
Over
2,000cc
|
104.60 per week
|
|
|
|
Allowance per kilometre
travelled by car
|
0.27 per km
|
|
7
|
12.2
|
Occasional use -
|
|
|
|
|
Up
to and including 2,000cc
|
0.40 per km
|
|
|
|
Over 2,000cc
|
0.44 per km
|
T. M.
KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.