REAL ESTATE
INDUSTRY (CLERICAL AND ADMINISTRATIVE) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Real Estate Employers' Federation of NSW,
industrial organisation of employers.
(No. IRC 4412 of 1999)
|
Before Commissioner Neal
|
21 December 2001
|
AWARD
PART A
CONDITIONS
1.
Arrangement
Clause No. Subject Matter
PART A
CONDITIONS
1. Arrangement
2. Anti-Discrimination
3. Definitions
4. Terms of
Engagement
5. Classification
Structure and Wages
6. Hours
7. Ordinary
Hours on Saturday and Sunday
8. Overtime
9. Casual
and Part-time Employees
10. Public
Holidays
11. Meal Break
12. Payment of
Wages
13. Meal
Allowance
14. Time Off
in lieu of Payment for Overtime
15. Higher
Duties
16. Finishing
at Night
17. Travelling
Expenses
18. Uniforms
19. First-aid
Allowance
20. Annual
Leave
21. Annual
Leave Loadings
22. Long
Service Leave
23. Sick Leave
24. Personal/Carer's
Leave
25. Bereavement
Leave
26. Parental
Leave
27. Jury Service
28. Superannuation
29. Workers'
Compensation
30. Occupational
Health and Safety
31. Award
Display
32. Labour
Flexibility
33. Training
34. Redundancy
35. Exemptions
36. Dispute
Avoidance and Grievance Procedure
37. Notice-Board
38. Right of
Entry
39. Savings
Clause
40. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2.
Anti-Discrimination
1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
2. It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
3. Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act
1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1997
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."
3.
Definitions
"Casual employee" shall mean an employee as
defined in clause 9, Casual and Part-time Employees.
"Employer" shall mean real estate agent, stock and
station agent, business agent, strata management agent, builder, property
developer or auctioneer.
"Part-time employee" shall mean an employee as
defined in the said clause 9.
"Union" shall mean the Federated Clerks' Union of
Australia, New South Wales Branch.
4.
Terms of Engagement
(a) Except in
respect of casual employees, employment shall be on a full-time or part-time
basis.
(b) An employee,
other than a casual, must give one week’s notice in writing to the employer of
the intention to terminate his/her services.
In the event that notice is not so given, the employee shall forfeit one
week’s salary.
(c) The employer
may terminate the employment of a full-time or part-time employee by giving the
notice (or payment of salary in lieu of notice) referred to in the following
table:
|
Employee’s Period
of Continuous Service
|
Minimum Period of
Notice
|
|
Not more than 1 year
|
1 week
|
|
More than 1 year but less than 3 years
|
2 weeks
|
|
More than 3 years but less than 5 years
|
3 weeks
|
|
More than 5 years
|
4 weeks
|
If the employee is 45 years of age or older and has
been employed by the employer for at least two years, the employee shall be
entitled to an additional one week’s notice (or payment of salary in lieu of
notice).
(d) Notwithstanding
the provisions of subclause (c) herein, the employer may dismiss an employee
for misconduct, in which case the employee shall be paid up to the time of
dismissal only.
(e) All salary,
expenses, payment under the Annual
Holidays Act 1944 (NSW), payment of annual holidays loading and payment
under the Long Service Leave Act 1955
(NSW) which are due and payable shall be paid to the employee within three
working days of termination of employment.
(f) An employee
shall apply himself/herself to the work directed to be done by the employer and
the employee shall personally attend at such place and at such times as the
employer may reasonably require. If the
employee is unable to attend work and it is possible for him/her to notify the
employer, he/she shall forthwith do so.
The employee shall give such evidence for his/her inability to attend as
the employer may reasonably require.
(g) All listings,
documents and records used in the employer's business shall remain the property
of the employer.
(h) Except in the
proper course of his/her duties, an employee shall not, during the term of
employment or after its termination, disclose or use any confidential
information of or about the employer, its clients or suppliers to any other
person, business or company except for the purposes of obtaining professional
advice from a legal representative or to comply with the requirements of law.
(i) For the
purpose of this clause, "confidential information" shall include, but
is not limited to, any of the following information of the employer whether
described or contained in a written, tangible, electronic or oral form:
(i) past or
current customer or client lists; or
(ii) lists of
properties managed by the employer on behalf of owners; or
(iii) inventions,
designs, methodologies, structures, discoveries, ideas, concepts, charge out
rates, lists of suppliers.
5.
Classification Structure and Wages
(a) Grades - All
adult employees shall be graded in one of the following grades and informed
accordingly in writing within 14 days of appointment to the position held by
the employee and subsequent graded positions.
(b) An employee
shall be graded in the grade where the principal function of his/her
employment, as determined by the employer, is of a clerical nature and is
described in subclauses (c) to (g) of this clause.
(c) A Grade 1
position is described as follows:
(i) The employee
may work under direct supervision with regular checking of progress.
(ii) An employee
at this grade applies knowledge and skills to a limited range of tasks. The choice of actions required is clear.
(iii) Usually, work
will be performed within established routines, methods and procedures that are
predictable, and which may require the exercise of limited discretion.
Indicative tasks of a Grade 1 position are:
|
Unit
|
Element
|
|
Information-
|
Receive and distribute incoming mail
|
|
handling
|
Receive and dispatch outgoing mail
|
|
|
Collate and dispatch documents for bulk mailing
|
|
|
File and retrieve documents
|
|
Communication
|
Receive and relay oral and written messages
|
|
|
Complete simple forms
|
|
Enterprise
|
Identify key functions and personnel
|
|
|
Apply office procedures
|
|
Technology
|
Operate office equipment appropriate to the tasks to be
completed
|
|
|
Open computer file, retrieve and copy data
|
|
|
Close files
|
|
Organisational
|
Plan and organise a personal daily work routine
|
|
Team
|
Complete allocated tasks
|
|
Business Financial
|
Record petty cash transactions
|
|
|
Prepare banking documents
|
|
|
Prepare business source documents
|
(d) A Grade 2
position is described as follows:
(i) The employee may
work under routine supervision with intermittent checking.
(ii) An employee
at this grade applies knowledge and skills to a range of tasks. The choice of actions required is usually
clear, with limited complexity in the choice.
(iii) Work will be
performed within established routines, methods and procedures, which involve
the exercise of some discretion and minor decision-making.
Indicative tasks of a Grade 2 position are:
|
Unit
|
Element
|
|
Information-handling
|
Update and modify existing organisational records
|
|
|
Remove inactive files
|
|
|
Copy data on to standard forms
|
|
Communication
|
Respond to incoming telephone calls
|
|
|
Make telephone calls
|
|
|
Draft simple correspondence
|
|
Enterprise
|
Provide information from own function area
|
|
|
Re-direct inquiries and/or take appropriate follow-up
action
|
|
|
Greet visitors and attend to their needs
|
|
Technology
|
Operate equipment
|
|
|
Identify and/or rectify minor faults in equipment
|
|
|
Edit and save information
|
|
|
Produce document from written text using standard format
|
|
|
Shut down equipment
|
|
Organisational
|
Organise own work schedule
|
|
|
Know roles and functions of other employees
|
|
Team
|
Participate in identifying tasks for team
|
|
|
Complete own tasks
|
|
|
Assist others to complete tasks
|
|
Business Financial
|
Reconcile invoices for payment to creditors
|
|
|
Prepare statements for debtors
|
|
|
Enter payment summaries into journals
|
|
|
Post journals to ledger
|
(e) A Grade 3
position is described as follows:
(i) The employee
may work under limited supervision with checking related to overall progress.
(ii) An employee at
this grade may be responsible for the work of others and may be required to
co-ordinate such work.
(iii) An employee
at this grade applies knowledge with depth in some areas and a broad range of
skills. Usually work will be performed
within routines, methods and procedures where some discretion and judgement is
required.
Indicative tasks of a Grade 3 position are:
|
Unit
|
Element
|
|
Information-handling
|
Prepare new files
|
|
|
Identify and process inactive files
|
|
|
Record documentation movements
|
|
Communication
|
Respond to telephone, oral and written requests for
information
|
|
|
Draft routine correspondence.
|
|
|
Handle sensitive inquiries with tact and discretion
|
|
Enterprise
|
Clarify specific needs of client/other employees
|
|
|
Provide information and advice
|
|
|
Follow-up on client/employee needs
|
|
|
Clarify the nature of a verbal message
|
|
|
Identify options for resolution and act accordingly
|
|
Technology
|
Maintain equipment
|
|
|
Train others in the use of office equipment
|
|
|
Select appropriate media
|
|
|
Establish document structure
|
|
|
Produce documents
|
|
Organisational
|
Co-ordinate own work routine with others
|
|
|
Make and record appointments on behalf of others
|
|
|
Make travel and accommodation bookings in line with given
itinerary
|
|
Team
|
Clarify tasks to achieve group goals
|
|
|
Negotiate allocation of tasks
|
|
|
Monitor own completion of allocated tasks
|
|
Business Financial
|
Reconcile accounts to balance
|
|
|
Prepare bank reconciliations
|
|
|
Document and lodge takings at bank
|
|
|
Receive and document payment/takings
|
|
|
Dispatch statements to debtors
|
|
|
Follow up and record outstanding accounts
|
|
|
Dispatch payments to creditors
|
|
|
Maintain stock control records
|
(f) A Grade 4
position is described as follows:
(i) The employee
may be required to work without supervision, with general guidance on progress
and outcomes sought. Responsibility for
the organisation of the work of others may be involved.
(ii) An employee
at this grade applies knowledge with depth in some areas and a broad range of
skills. There is a wide range of tasks,
and the range and choice of actions required will usually be complex
(iii) An employee
at this grade applies competencies usually applied within routines, methods and
procedures where discretion and judgement is required, for both self and
others.
Indicative tasks of a Grade 4 position are:
|
Unit
|
Element
|
|
Information-
|
Categorise files
|
|
handling
|
Ensure efficient distribution of files and records
|
|
|
Maintain security of filing system
|
|
|
Train others in the operation of the filing system
|
|
|
Compile report
|
|
|
Identify information source(s) inside and outside the
organisation
|
|
Communication
|
Receive and process a request for information
|
|
|
Identify information source(s)
|
|
|
Compose report/correspondence
|
|
Enterprise
|
Provide information on current service provision and
resource allocation within
|
|
|
area of responsibility
|
|
|
Identify trends in client requirements
|
|
Technology
|
Maintain storage media
|
|
|
Devise and maintain filing system
|
|
|
Set printer for document requirements when various set ups
are available
|
|
|
Design document format
|
|
|
Assist and train network users
|
|
|
Shut down network equipment
|
|
Organisational
|
Manage diary on behalf of others
|
|
|
Assist with appointment preparation and follow up for
others
|
|
|
Organise business itinerary
|
|
|
Make meeting arrangements
|
|
|
Record minutes of meeting
|
|
|
Identify credit facilities
|
|
|
Prepare content of documentation for meetings
|
|
Team
|
Plan work for the team
|
|
|
Allocate tasks to members of the team
|
|
|
Provide training for team members
|
|
Business
|
Prepare financial reports
|
|
Financial
|
Draft financial forecasts/budgets
|
|
|
Undertake and document costing procedures
|
(g) A Grade 5
position is described as follows:
(i) The employee
may be supervised by professional staff and may be responsible for the planning
and management of the work of others.
(ii) An employee
at this grade applies knowledge with substantial depth in some areas, and a
range of skills which may be varied or highly specific. The employee may receive assistance with
specific problems.
(iii) An employee
at this grade applies knowledge and skills independently and
non-routinely. Judgement and initiative
are required.
Indicative tasks of a Grade 5 position are:
|
Unit
|
Element
|
|
Information-
|
Implement new/improved system
|
|
handling
|
Update incoming publications
|
|
|
Circulate publications
|
|
|
Identify information source(s) inside and outside the
organisation
|
|
Communication
|
Obtain data from external sources
|
|
|
Produce report
|
|
|
Identify need for documents and/or research
|
|
Enterprise
|
Assist with the development of options for future
strategies
|
|
|
Assist with planning to match future requirements with
resource allocation
|
|
Technology
|
Establish and maintain a small network
|
|
|
Identify document requirements
|
|
|
Determine presentation and format of document and produce
it
|
|
Organisational
|
Organise meetings
|
|
|
Plan and organise conference
|
|
Team
|
Draft job vacancy advertisement
|
|
|
Assist in the selection of staff
|
|
|
Plan and allocate work for the team
|
|
|
Monitor team performance
|
|
|
Organise training for team
|
|
Business Financial
|
Administer PAYE salary records
|
|
|
Process payment of wages and salaries
|
|
|
Prepare payroll data
|
(h) Adults
The minimum rates of wages per week for adult employees
shall be the rate of wage as set out in Table 1 - Wages, of Part B, Monetary
Rates.
(i) Juniors
The minimum rates of wages per week for junior
employees shall be as set out in (ii) of Table 1 - Wages, of Part B, Monetary
Rates.
Junior rates shall be calculated to the nearest five
cents and any part of five cents not exceeding half of five cents is to be
disregarded.
(j) Casual
Employees
Casual employees shall be paid at an hourly rate equal
to the appropriate weekly rate divided by 38 or by the number of ordinary hours
worked by clerical employees, other than casual and part-time employees, in the
establishment, whichever is the lesser, plus 20 per cent, with a minimum
payment of three hours' work at the appropriate rate.
(k) Part-time
Employees
Part-time employees shall be paid at an hourly rate
equal to the appropriate weekly rate divided by:
(i) 38; or
(ii) the number of
hours worked by full-time clerical employees in the section or department in
which such person is employed, whichever is the lesser.
(l) List of
Employees Graded
An employer shall keep a list of employees and the
grade in which they are employed pursuant to subclause (a) of this clause, and
each employee shall be notified in writing within 14 days of appointment to
that and subsequent graded positions.
(m) State Wage Case
Adjustment
The rates in this award include the adjustments payable
under the State Wage Case of June 2001.
These adjustments may be set off against:
(i) any
equivalent over-award payments; and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
6.
Hours
(a) Full-time
Employees
The ordinary hours of work for full-time employees
shall be a maximum of 38 per week worked over no more than 5½ days in any
seven-day period or 76 hours worked over no more than 12 days in any 14-day
period. Meal breaks will not be
regarded as time worked. The daily
ordinary hours shall be worked between 7.00 am to 7.00 pm and shall not exceed
ten per day.
(b) Casual
Employees
The spread of ordinary hours of work shall be the same
as those worked by full-time employees in the establishment concerned. Where there are no such full-time employees,
the spread of ordinary hours of work shall be those prescribed by subclause (a)
of this clause.
(c) Part-time
Employees
The spread of ordinary hours of work, exclusive of meal
times, shall be the same as those prescribed for full-time employees, but shall
not, in any case, be less than three hours per day. Where there are no such full-time employees, the spread of
ordinary hours of work shall be those prescribed by subclause (a) of this
clause.
7. Ordinary Hours on
Saturday & Sunday
(a) All ordinary
hours worked on Saturday shall be paid for at the rate of time and one quarter.
(b) All ordinary
hours worked on Sunday shall be paid at the rate of time and one half.
8.
Overtime
(a) "Overtime
hours" means all hours worked outside the ordinary hours of work
prescribed by clause 6, Hours, of this award.
(b) Employees will
be allowed to adjust their hours of work from day to day with the prior consent
of their employer.
(c) Hours worked
in excess of those prescribed by subclause (a) of the said clause 6 may be
treated in one of the following ways:
(i) paid to the
employee at 1.5 times the hourly rate of pay for the first two hours and 2
times the hourly rate of pay thereafter as an overtime payment; or
(ii) accrued (or
banked) as time to be taken off in lieu of overtime as prescribed in clause 14
of this award.
9.
Casual and Part-time Employees
(a) "Casual
employee" shall mean an employee who is engaged and paid as such, whose
spread of ordinary hours shall be as set out in subclause (b) of clause 6,
Hours, and whose rate of pay shall be calculated pursuant to subclause (j) of
clause 5, Classification Structure and Wages.
(b) "Part-time
employee"
(i) A part-time
employee shall mean an employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by full-time clerical employees employed by the employer, but such hours shall
not be less than three per day.
(ii) The spread of
ordinary hours of work of part-time employees shall be as set out in subclause
(c) of the said clause 6, and their rate of pay shall be calculated pursuant to
subclause (k) of the said clause 5.
(iii) Notwithstanding
anything elsewhere contained in this award, the provisions of this award with
respect to annual leave, annual leave loading, sick leave, jury service,
bereavement leave, maternity leave and holidays shall apply to part-time
employees on a pro rata basis for each employee in proportion to the ordinary
hours worked by full-time clerical employees in the section or department in
which the part-time employee is employed.
10. Public Holidays
(a) The following
days shall be observed as holidays, namely, New Year's Day, Australia Day,
Anzac Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday,
Labour Day, Christmas Day, Boxing Day and any other holiday which may, from
time to time, be proclaimed for the State New South Wales. However, an employee may decline at his or
her discretion to work on Good Friday, 25 April and 25 December.
Employees shall also be entitled to either:
(i) Any public
holiday proclaimed for a particular locality in NSW (in respect only to
employees in that locality); or
(ii) One additional
day as a holiday in each calendar year.
Such additional holiday shall be observed on the day when the majority
of employees in an establishment observe a day as an additional holiday or on
another day mutually agreed between the employer and employee. The additional holiday is not cumulative and
must be taken within each calendar year.
(b) An employee
who works at the specific direction of the employer on one of the days
specified in subclause (a) of this clause shall be paid at the rate of double
time and one half for hours so worked with a minimum payment for four hours’
work.
(c) No deductions
shall be made from the wages of full-time or part-time employees for the week
in which any of the holidays referred to in subclause (a) of this clause fall.
(d) Where an
employee is absent from the employee’s employment on the working day before or
the working day after a public holiday without reasonable excuse or without the
consent of the employer, the employee shall not be entitled to payment for such
holiday.
11.
Meal Break
(a) Employees
shall be entitled to an unpaid meal break of not less than 30 minutes or more
than one hour after the completion of at least five hours' continuous work on
any one day. The employer may direct an
employee to take a meal break at a time suitable to the employer between the
hours of 11.00 am to 2.30 pm. The meal
break shall not be taken as time worked.
(b) Notwithstanding
the above, where a part-time or casual employee is engaged to work no more than
six hours per day, the employee may work up to six hours without a meal
break. An employee engaged to work five
hours or less in any one day shall have no entitlement to any meal break.
12. Payment of Wages
(a) Wages shall be
paid weekly or fortnightly. Prior to
its introduction the employer should discuss the implementation of fortnightly
pay with the employees.
(b) Overtime shall
be paid within a week from the pay day succeeding the day or days on which such
overtime becomes due. Provided that, where wages are paid fortnightly, overtime
shall be paid within a fortnight from the pay day succeeding the day or days on
which such overtime became due.
(c) Where an
employee is required to wait beyond the employee’s ordinary ceasing time for
payment of weekly or fortnightly wages or termination payment and such waiting
time exceeds fifteen minutes, the employee shall be paid at ordinary rates for
the full period during which such employee is required to wait, except where
such waiting time is occasioned by reasons beyond the control of the employer.
(d) Wages shall be
paid in cash, by cheque or electronic funds transfer.
13.
Meal Allowance
An employee working overtime shall be paid a meal allowance
in any of the following circumstances:
(a) When required to
work beyond 7.00 pm. - an amount set in Item 2, Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(b) If overtime
continues beyond 9.00 pm. - a further amount as set in the said Item 2.
(c) Where the
union agrees, an employer may supply his employees with a suitable meal in
which case the allowance set out in paragraphs (a) and (b) of this subclause
shall not be payable.
(d) Meal
allowances shall be paid not later than the next succeeding working day, except
by mutual agreement.
14. 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 subclause (a) above, 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 subclause (a) above, the employee shall be
paid overtime rates in accordance with the award.
Notation:
(i) Section 129
of the Industrial Relations Act 1996
requires that an employer must keep records of remuneration paid and hours
worked by employees.
(ii) This award
contains a number of other provisions in clause 24, Personal/Carer's Leave.
15. Higher Duties
An employee, whilst called upon to perform any of the duties
set out in subclauses (c), (d), (e), (f) or (g) of clause 5, Classification
Structure and Wages, in the absence of the employee normally exercising such
duties or whilst called upon to perform such duties on a temporary basis, shall
be paid at least the rate which would be applicable if such duties were
performed on a permanent basis; provided that this clause shall not apply when
the time period is of less than one day's duration.
16.
Finishing at Night
When an employee working overtime finishes work at a time
when the usual means of transport are not available, then the employer shall:
(a) provide
transport or shall pay the employee at his/her ordinary rate for the time
occupied in reaching home; or
(b) pay the
employee any additional outlay incurred in reaching his/her home by reasonable
means of transport.
17.
Travelling Expenses
(a) When an
employee, in the course of his/her duty, is required to go to any place away
from his/her usual place of employment, he/she shall be paid all reasonable
expenses actually incurred.
(b) When an
employee, in the course of his/her duty, is required other than in ordinary
working hours to go to any place away from his/her usual place of employment,
he/she shall be paid all reasonable expenses actually incurred and in addition
shall be paid at the ordinary rates for half of any time occupied in travelling
outside ordinary working hours which is in excess of the time normally occupied
by him/her in travelling from his/her home to his/her usual place of
employment.
(c) Any employee
required to provide a motor car shall be paid the amount extra per week as set
in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
extra per week.
(d) Where an
employee is required to use his/her motor car by his/her employer on a casual
or incidental basis, he/she shall be paid an amount as set in Item 4 of the
said Table 2 per kilometre travelled, during such use.
(e) If the
employer provides a vehicle, he/she shall pay the whole of the cost of the
upkeep, registration, insurance, maintenance and running expenses.
18. Uniforms
In any establishment where an employee is required or
encouraged by the employer to wear a distinctive uniform, coat, overall or
dress, or where the nature of the work performed by the employee requires the
provision of protective clothing, the same shall be supplied by the employer,
free of charge, to the employee. Such
uniform or other clothing shall remain the property of the employer and the
current issue thereof shall be returned to the employer in the event of the
termination of the employment.
19.
First-Aid Allowance
An employee who has been trained to render first aid and who
is the current holder of appropriate first-aid qualifications, such as a
certificate from the St. John's Ambulance or similar body, shall be paid an
allowance as set in Item 5 of Table 2 - Other Rates and Allowances of Part B,
Monetary Rates, if the employee is appointed by an employer to perform
first-aid duty.
20.
Annual Leave
See Annual Holidays
Act 1944 (NSW).
21.
Annual Leave Loadings
(a) In this clause
the Annual Holidays Act 1944 is
referred to as "the Act".
(b) Before an
employee is given and takes his/her annual holiday or, where by agreement
between the employer and employee, the annual holiday is given and taken in
more than one separate period, 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 (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 and this award.
(d) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award, or, where such a
holiday is given and taken in separate periods then in relation to each such
separate period.
(NOTE: See subclause (f) as to holidays taken wholly or
partly in advance.)
(e) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (d) at the rate per week of 17½ 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 holiday, but shall not include any allowances, penalty rates,
shift allowances, overtime or any other payments prescribed by this award.
(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 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 (e) of this clause applying the
award rates of wages payable on that day.
This subclause applies where an annual holiday has been taken wholly or
partly in advance.
(g) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees 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
him/her under the Act, such proportion of the loading that would have been
payable to him/her under this clause if he/she had become entitled to an annual
holiday prior to the close-down as his/her qualifying period of employment in
completed weeks bears to 52.
(h) Where the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (d) of this clause for the period not taken.
(i) Except as
provided in subclause (h) of this clause, no loading is payable on the
termination of an employee's employment.
22.
Long Service Leave
See Long Service Leave
Act 1955.
23.
Sick Leave
(a) Weekly
employees shall, subject to the production of a medical certificate or other
evidence satisfactory to the employer (which may include a statutory
declaration), be entitled to five days' sick leave during the first year of
service and eight days during the second and subsequent years of service on
full pay; provided that a statutory declaration shall be sufficient proof of
sickness in respect of the first two single days' absence of an employee in any
year.
Provided further that, where an employee works more
than eight ordinary hours in any day, the employee shall not be entitled to
leave in excess of 38 hours of ordinary working time in the first year of
service and 60.8 hours of ordinary working time in the second and subsequent
years of service.
(b) The employee
shall, wherever practicable, before the commencement of absence, inform the
employer of such employee's inability to attend for duty and, as far as
possible, state the nature of the injury or illness and the estimated duration
of the absence.
(c) Where an
employee does not notify the employer of the employee's inability to attend for
duty prior to the commencement of the absence, the employee shall produce a
medical certificate or the said employee shall not be entitled to payment for
the first eight hours of such absence.
NOTE: An employee's entitlement to sick leave in
accordance with subclause (a) shall not be reduced as a consequence of the
operation of this paragraph.
(d) The payment
for any absence on sick leave in accordance with this clause during the first
three months of employment of an employee may be withheld by the employer until
the employee completes such three months of employment, at which time the
payment shall be made.
(e) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to worker's compensation, provided, however,
that an employer shall pay to an employee who has sick leave entitlement under
this clause, the difference between the amount received as workers'
compensation, and full pay. If an
employer pays such difference, the employee's sick leave entitlement under this
clause shall be proportionately reduced for each week during which such difference
is paid.
(f) 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 an employee for sick leave which accrued more than 12 years
before the end of the last completed year of service.
(g) Part-time
employees shall, subject to the provisions of this clause, be entitled to a
proportionate amount of sick leave. The
amount of sick leave to which a part-time employee is entitled in any year
shall bear the same ratio to sick leave prescribed during that year of service
for full-time employees as the part-time employee's normal ordinary hours of
work for a week during such year would have borne to the number of ordinary
hours worked by full-time clerical employees in the section or department in
which the part-time employee is employed.
(h) Service with
the employer before the date of this award shall be counted for the purpose of
assessing an employee’s sick leave entitlement.
(i) If an award
holiday occurs during an employee’s absence on sick leave, then such award
holiday shall not be counted as sick leave.
24. Personal/Carer's Leave
24.1 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 (2) of paragraph (c) of this subclause, 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
at clause 23, 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 employees
shall, if required, establish 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:
(1) the employee
being responsible for the care and support of the person concerned: and
(2) the person
concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) a child or an
adult child (including an adopted child, a stepchild, 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
(iv) a same-sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other ; and
(c) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
24.2 Unpaid Leave
for Family Purpose
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 (2) of paragraph (c) of subclause
(1) of this clause who is ill.
24.3 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) above, 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.
24.4 Time Off in
lieu of Payment for Overtime
For the purpose only of providing care and support for
a person in accordance with subclause 24.1 of this clause, and despite the
provisions of clause 14, Time Off in lieu of Payment for Overtime, the
following provisions shall apply:
(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.
24.5 Make-up Time
An employee may elect, with the consent of the
employer, to work "make-up time", under which the employee takes time
off during 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.
25.
Bereavement Leave
(a) An employee,
other than a casual employee, shall be entitled to up to two days' leave
without loss of pay on each occasion of the death in Australia of a person
prescribed in subclause (c) of this clause.
Where the death of a person as prescribed by the said subclause (c) occurs
outside Australia, the employee shall be entitled to two days' bereavement
leave where such employee travels outside Australia to attend the funeral.
(b) 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.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carers leave as set out in subparagraph
(2) of paragraph (c) of subclause (1) of clause 24, Personal/Carer’s Leave,
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(d) 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.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
24.2, 24.3, 24.4 and 24.5 of clause 24, Personal/Carer’s Leave. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the employer.
26. Parental Leave
See Industrial
Relations Act 1996.
27.
Jury Service
A weekly employee required to attend for jury service during
his/her ordinary working hours shall be reimbursed by the employer an amount
equal to the difference between the amount paid in respect of his/her
attendance for such jury service and the amount of wage he/she would have
received in respect of the ordinary time he/she would have worked had he/she
not been on jury service.
An employee shall notify his/her employer as soon as
possible of the date upon which he/she is required to attend for jury
service. Further, the employee shall give
his/her employer proof of his/her attendance, the duration of such attendance
and the amount received in respect of such jury service.
28.
Superannuation
Superannuation Legislation
(a) The subject of
superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration)
Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and section 124 of the Industrial Relations Act 1996
(NSW). This legislation, as varied from
time to time, governs the superannuation rights and obligations of the parties.
(b) Subject to the
requirements of this legislation, superannuation contributions may be made to:
(i) CARE
(Clerical Administrative and Retail Employees Superannuation Plan);
(ii) REI
Superannuation Fund.
29. Workers’
Compensation
See Workers
Compensation Act 1987 and Workplace
Injury Management and Workers’ Compensation Act 1998.
30.
Occupational Health and Safety
Each employer and employee bound to observe the provisions
of this award shall also co-operate positively in respect of obligations
pursuant to the Occupational Health and
Safety Act 2000.
31.
Award Display
A copy of this award shall be exhibited and kept exhibited
in accordance with the provisions of the Industrial
Relations Act 1996.
32.
Labour Flexibility
(a) For the
purpose of increasing productivity and flexibility, as well as enhancing career
opportunities for employees, multi-skilling may extend by agreement between an
employer and an employee to allow the employee to perform any work in an
enterprise within the scope of his/her skills and competence.
(b) Discussion
shall take place at the enterprise with a view to reaching agreement for
employees to perform a wider range of tasks, removal of demarcation barriers
and participation of employees in additional training.
(c) Notwithstanding
the provisions of subclause (a) of this clause, employees shall perform a wider
range of duties including work which is incidental or peripheral to their main
tasks or functions.
(d) Employees
shall perform such work as is reasonable and lawfully required of them by the
employer, including accepting instruction from authorised personnel.
(e) Employees
shall comply with all reasonable requests to transfer or to perform any work
provided for by the award.
(f) Employees
shall take all reasonable steps to ensure the quality, accuracy and completion
of any job or task assigned to the employee.
(g) Employees
shall not impose or continue to enforce existing demarcation barriers between
the work covered by this award provided that it is agreed that the work lies
within the scope of the skill and competence of the employee concerned.
(h) Employees
shall not unreasonably impose any limitation or continue to enforce any
limitations on supervisors or technical personnel demonstrating the use of new
equipment or machinery, provided that the appropriate consultation in relation
to the introduction of new technology has taken place.
(i) Employees
shall not impose any restrictions or limitations on the measurement and/or
review of work methods or standard work times, provided that appropriate
consultation between employer and employees has taken place.
33.
Training
(a) The parties to
this award recognise that, in order to increase the efficiency, productivity
and competitiveness of the industry, a greater commitment to training and skill
development is required. Accordingly
the parties commit themselves to:
(i) developing a
more highly skilled and flexible workforce;
(ii) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(iii) removing
barriers to the utilisation of skills required.
(b) Following
consultation with employees, an employer should develop a training programme
consistent with:
(i) the current
and future skill needs of the plant or enterprise;
(ii) the size,
structure and nature of the operations of the enterprise;
(iii) the need to
develop vocational skills relevant to the enterprise through courses conducted
on-the-job or by accredited institutions and providers.
(c) In developing
a training programme, the employer should:
(i) disseminate
information on the training program and the availability of training courses
and career opportunities to employees;
(ii) monitor and
advise on the on-going effectiveness of the training;
(iii) make
suggestions on the specific training needs.
(d) If training is
undertaken at the employer's request during ordinary working hours, the
employee concerned shall not suffer any loss of ordinary pay.
(e) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the employer's library)
incurred in connection with the undertaking of training shall be reimbursed by
the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on
an annual basis subject to the presentation of reports of satisfactory
progress.
(f) Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
(g) Employees
should undertake such training and retraining as required by the employer.
34. Redundancy
34.1 Application
(a) This clause
shall apply in respect of full-time and part-time 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.
34.2 Introduction of
Change
(a) Employer's
Duty to Notify
(i) 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.
(ii) "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
(i) 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.
(ii) 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 subclause.
(iii) 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.
34.3 Redundancy
(a) Discussions
before Terminations
(i) 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 in subparagraph (i) of
paragraph (a) of subclause 34.2 of this clause, and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(ii) 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 (i) 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 the employees concerned.
(iii) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
34.4 Termination of
Employment
(a) Notice for
Changes in Production, Program, Organisation or Structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"production", "program", "organisation" or
"structure" in accordance with subparagraph (i) of paragraph (a) of
subclause 34.2of this clause.
(i) 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
|
(ii) 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.
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 subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subparagraph (i) of paragraph (a) of
subclause 34.2 of this clause:
(i) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(ii) 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.
(iii) 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.
(c) Time Off
during the Notice Period
(i) 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.
(ii) 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
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink 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) Centrelink
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
Centrelink.
(h) Transfer to
Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subparagraph (i) of paragraph (a) of subclause 34.2of
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 of notice still owing.
34.5 Severance Pay
(a) Where an
employee is to be terminated pursuant to subclause 34.2 of this clause, 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:
(i) 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
|
(ii) 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
|
"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, 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 subclause (a) 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) of this
subclause if the employer obtains acceptable alternative employment for an
employee.
34.6 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.
35.
Exemptions
(a) Except as to
the provisions of clause 2, Anti-Discrimination, clause 10, Public Holidays,
clause 20, Annual Leave, clause 21, Annual Leave Loadings, clause 22, Long
Service Leave, clause 23, Sick Leave, subclauses 24.1, 24.2 and 24.3 of clause
24, Personal/Carer's Leave, clause 25, Bereavement Leave, clause 26, Parental
Leave, clause 27, Jury Service, clause 28, Superannuation, clause 30,
Occupational Health and Safety, and clause 34, Redundancy, this award shall not
apply to employees employed by the week who are in receipt of a weekly wage in
excess of 15% above the rate set out in Table 1 - Wages of Part B, Monetary
Rates, for the highest grade in this award, provided that the wage is not
inclusive of overtime payments and/or shift allowances due to the employee
under this award.
(b) The exemption
rate shall be calculated in multiples of one dollar, amounts of less than 50
cents being taken to the lower multiple and amounts of 50 cents or more being
taken to the higher multiple.
36.
Dispute Avoidance and Grievance Procedure
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps.
36.1 Procedure
relating to grievance of an individual employee
(a) The employee
shall 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) The 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 employer may
be represented by an industrial organisation of employers and the employee may
be represented by an industrial organisation of employees for the purpose of
each procedure.
36.2 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 levels 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 employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(e) Subject to the
Industrial Relations Act 1996, in the
event that a dispute cannot be settled by the above procedures, the Commission
may be notified of an industrial dispute for the purpose of resolving the
dispute.
37. Notice-Board
Each employer shall permit the union to display notices
dealing with union business on notice-boards provided that such notices are
authorised by an accredited union representative. Any such notice not so authorised may be removed.
38. Right of Entry
See the Industrial
Relations Act 1996.
39.
Savings Clause
Existing employees employed by an employer prior to the
commencement of this award shall not suffer a reduction in their weekly wage by
the making of this award.
40. Area,
Incidence and Duration
No right or entitlement accrued under the Clerical and
Administrative Employees (State) Award published 14 February 1997 (296 I.G.
619) shall be affected by the coming into operation of this award.
This award shall take effect from the first pay period to
commence on or after 1 March 2002 and shall operate for two years.
Notwithstanding any other provisions, this award shall not
apply to employees whose service ceased, for any reason, prior to the date on
which this award was made.
PART B
MONETARY RATES
Table 1 - Wages
(i) Adults
The minimum rates of wages for adult employees shall be
as follows:
|
Grade
|
Pre-June 2001 Rate
|
SWC 2001
|
Total Weekly Rate
|
|
|
$
|
$
|
$
|
|
1
|
439.60
|
13
|
452.60
|
|
2
|
460.50
|
13
|
473.50
|
|
3
|
492.20
|
15
|
507.20
|
|
4
|
533.90
|
15
|
548.90
|
|
5
|
592.50
|
17
|
609.50
|
(ii) Juniors
The minimum rates of wages per week for junior
employees shall be as follows:
(a) Equivalent to
Grade 3 or above
|
Age
|
Old Rate per Week
|
Award Rate per Week
|
|
|
$
|
$
|
|
17 years
|
235.70
|
241.55
|
|
18 years
|
288.00
|
298.45
|
|
19 years
|
329.25
|
341.15
|
|
20 years
|
388.75
|
402.75
|
(b) All other
junior employees
|
Age
|
Old Rate Per Week
|
Award Rate Per Week
|
|
|
$
|
$
|
|
Under 17 years
|
176.00
|
181.30
|
|
17 years
|
220.35
|
226.95
|
|
18 years
|
270.10
|
278.20
|
|
19 years
|
306.25
|
315.45
|
|
20 years
|
360.40
|
371.20
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
2
|
13(a) & (b)
|
Meal Allowance (Overtime)
|
$9.50
|
|
3
|
17(c)
|
Own Car Allowance:
|
|
|
|
|
For a vehicle 1,500 cc and under
|
$78.40 per week
|
|
|
|
For a vehicle over 1,500 cc
|
$96.90 per week
|
|
4
|
17(d)
|
Own Car Allowance for use on a casual or incidental
|
$0.53 per km
|
|
|
|
basis
|
|
|
5
|
19
|
First-aid Allowance
|
$7.80 per week
|
I. R. NEAL, Commissioner.
____________________________________
Printed by the authority of the Industrial Registrar