MEAT PRESERVERS, &c. (STATE) CONSOLIDATED AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 1892 of 1999 and 3847 of 2001)
Before Commissioner
O'Neill
|
20 June 2001
|
REVIEWED AWARD
PART A
1.
Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Anti-Discrimination
3. Definitions
4. Hours
4.1 Weekly Full-time Employees
4.2 Shift Workers
4.3 12-hour Shifts
5. Meal Time
and Meal Allowances
6. Wages
7. Arbitrated
Safety Net Adjustment
8. Award
Modernisation
9. Flexibility
of Work
10. Commitment
to Training and Careers
11. Consultative
Mechanism
12. Overtime
13. Superannuation
14. Holidays
15. Annual
Leave
16. Annual
Leave Loading
17. Sick Pay
18. Personal/Carer's
Leave
19. Long
Service Leave
20. Bereavement
Leave
21. Mixed
Functions
22. Payment of
Wages
23. Piecework
Rates
24. Terms of
Employment
25. General
Conditions
26. Right of
Entry
27. Leave
Reserved
28. Enterprise
Arrangements
29. Settlement
of Disputes
30. Redundancy
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage
Rates
Table 2 - Other
Rates and Allowances
2. Anti-Discrimination
2.1 It is the intention
of the parties bound by this award to seek to achieve the object of in section
3(f) of the Industrial Relations Act
1996 to prevent and eliminate discrimination in the workplace on the grounds of
race, sex marital status, disability, homosexuality, transgender identity and
age.
2.2 Accordingly,
in fulfilling their obligations under the dispute resolution procedure, the
parties must take all reasonable steps to ensure that neither the award
provisions nor their operation are directly or indirectly discriminatory in
their effects.
2.3 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.
2.4 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 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.
2.5 This clause
does not create legal rights or obligations in addition to those imposed upon
by the parties by the legislation referred to in this clause.
3. Definitions
Union means The Australasian Meat Industry Employees’ Union,
New South Wales Branch.
Part-time weekly employee shall mean an employee engaged to
work less than the ordinary weekly hours prescribed by this award.
4. Hours
4.1 Weekly Full-time Employees -
(a) The ordinary
hours of work for full-time workers, exclusive of meal breaks, shall not exceed
an average of forty per week.
(b)
(i) Ordinary
hours shall be worked between 5.00 a.m. and 7.00 p.m. Monday to Sunday, in one
of the following methods:
(ii) 40 hours
within a work cycle not exceeding 7 days; or
(iii) 80 hours
within a work cycle not exceeding 14 days; or
(iv) 120 hours
within a work cycle not exceeding 21 days; or
(v) 160 hours
within a work cycle not exceeding 28 days; or
(vi) Such other
methods as may be agreed from time to time between the employer and the
employee(s) affected.
(c) The ordinary
hours may vary from worker to worker and from section to section within the
enterprise, by agreement between the employer and the employee(s).
(d)
(i) Ordinary Hours
Saturday - Ordinary hours worked on a Saturday shall be paid at a premium of an
additional 50 per cent to the ordinary rate of pay.
(ii) Ordinary
Hours Sunday - Ordinary hours worked on a Sunday shall be paid at the premium
of an additional 75 per cent to the ordinary rate of pay.
4.2 Shift Workers -
(a) A shift may be
worked provided that the ordinary hours shall not exceed 40 hours per week
inclusive of crib time and shifts may be worked Monday to Sunday in defined
shifts as follows:
"Night Shift" shall mean a shift finishing
subsequent to midnight and at or before 9.00 a.m.
"Afternoon Shift" shall mean a shift
finishing after 7.00 p.m. and at or before midnight.
"Early Morning Shift" shall mean a shift
finishing after 9.00 a.m. and before 2 p.m.
(b) Shift
Allowances - A shift worker working on any of the shifts as defined in this
clause shall in addition to their ordinary rates of pay for the classifications
prescribed in Part A of this award, for each shift be paid:
|
Percentage
|
(1) Early morning shift
|
15
|
(2) Afternoon shift
|
15
|
(3) Night shift rotating with afternoon shift or day work
|
15
|
(4) Permanent night shift
|
30
|
(c) The employer
shall give the union not less than seven days' notice or such lesser period of
notice by mutual agreement in the case of emergencies of the intention to alter
work shifts and of the times between which such shifts shall be worked.
(d) A crib time of
twenty minutes shall be allowed to shift workers on each shift, which shall be
counted as time worked.
4.3 12-Hour Shifts -
(a) The actual
time at which work is to commence and finish shall be fixed by the employer and
once fixed will not be altered unless one week’s clear notice to the worker is
given provided that such one week’s notice shall not be required if any change
of hours is by mutual agreement between the employer and the worker.
(b) The ordinary
hours may vary from worker to worker and from section to section within the
enterprise, with the agreement of the worker(s) concerned.
(c) Where shifts
in excess of ten hours and up to twelve hours are sought by the employer and/or
worker(s), agreement with the AMIEU must also be obtained. The AMIEU shall not
unreasonably withhold such agreement.
5. Meal Time and Meal Allowances
5.1 Day workers
shall have a meal break of not less than thirty minutes or more than one hour
between 11 a.m. and 2.30 p.m. Day workers can be worked up to six hours before
the requirement of a meal break is necessary.
Such meals for all employees may be staggered by the
employer within each particular work area in order that full production may be
maintained wherever possible.
5.2 Shift workers shall
not be compelled to work more than six hours without a break for a crib of
twenty minutes which shall be allowed without deduction of pay and shall be
taken at a time suitable to the needs of the business.
5.3 Except as to
shift workers a break of fifteen minutes each forenoon and afternoon shall be
allowed to all employees for smoke-oh and shall be paid for as time
worked. The signal to cease work for
smoke-oh shall be given only by the person designated by the employer.
5.4 An employee
who has not been notified on the immediately preceding working day that he will
be required to work overtime on any day for more than two hours shall be
provided with a meal by the employer or in lieu thereof shall be paid the
amount set in Item 1 of Part B. An employee who has provided him/herself with a
meal after having been so notified and who is not then required to work after
the normal ceasing time shall be paid the amount set in Item 1 of Table 2 of
Part B.
6. Wages
6.1 Adults - The
minimum rates of pay for a full-time employee shall be as set out in Table 1 of
Part B of this award.
6.2 Junior - A
junior employee shall be paid according to age, a percentage of Meat Processor
- Grade I - General Hand.
|
Percentage
per week
|
At 15 years of age
|
47.5
|
At 16 years of age
|
52
|
At 17 years of age
|
57
|
At 18 years of age
|
75
|
At 19 years of age
|
90
|
At 20 years of age
|
95
|
6.3 Extra Rates -
(a) Employees
engaged in the band saw, handing out or chilling room shall be entitled to an allowance
set out in Item 2 of Table 2 of Part B of this award when the temperature falls
to 4.4 degrees Celsius or lower.
(b) Employees
employed on washing dirty cans, i.e., cans which have been blown or affected by
other cans which have been blown, shall be paid an amount set out in Item 3 of
Table 2 Part B of this award.
7. Arbitrated Safety Net Adjustment
7.1 The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May, 1991 other than safety net, State Wage Case , and
minimum rates adjustments.
8. Award Modernisation
8.1 The parties
are committed to examining this award to ensure it reflects the need of modern
business and to eliminate or amend provisions which restrict the ability of
employers to adapt quickly and efficiently to changes affecting their business
and the provision of service to the consumer/customer.
8.2 The parties
are committed to modernising the terms of the award so that it provides for
more flexible working arrangements, improves the quality of working life,
enhances skills and job satisfaction and assists positively in the
restructuring process.
8.3 The union is
prepared to discuss with employers all matters raised by the union and the
employers for increased flexibility. As
such any discussion with the union must be premised on the understanding that:
(1) Changes
will not be of a negative cost-cutting nature.
(2) The
negotiations will include the union and employer associations.
(3) The
union will not unreasonably oppose agreement.
(4) If agreement cannot be reached in the
implementation process on a particular issue it shall be referred to the
Industrial Relations Commission of New South Wales for resolution.
8.4 The parties
agree that under this heading any award matter can be raised for discussion.
8.5 Where any
agreement is reached pursuant to this clause earlier than 6 months from the
date of introduction of this clause the union will not oppose implementation of
the agreement in the award prior to the expiry of the 6 months.
9. Flexibility of Work
9.1 Employees are
to perform a wider range of duties including work which is incidental or
peripheral to their main task or functions.
9.2 Employees
shall perform such work as is reasonable and lawfully required of them by the
employer including accepting instruction from authorised personnel.
9.3 Employees shall
take all reasonable steps to achieve quality, accuracy and completion of any
job or task assigned to the employee.
9.4 Employees
shall not impose any restrictions or limitations on a reasonable review of work
methods or standard work times.
10. Commitment to Training and Careers
10.1 The parties
acknowledge that varying degrees of training are provided to employees, both
via internal, on the job and through external training providers.
10.2 The parties
commit themselves to continuing such training as is regarded by them as
appropriate and improving training in cases where this is required.
10.3 It is agreed
that the parties will co-operate in ensuring that appropriate training is
available for all employees and the parties agree to co-operate in encouraging
both employers and employees to avail themselves of the benefits to both from
such training.
10.4 The parties
agree to continue discussions on issues raised related to training.
11. Consultative Mechanism
Each plant or enterprise shall establish a consultative
mechanism and procedures appropriate to its size, structure and needs for
consultation and negotiation on matters affecting its efficiency and
productivity.
12. Overtime
12.1
(i) All time
worked in excess of or outside the ordinary hours of work specified in this
award shall be paid for at the rate of time and one-half for the first three
hours and double time thereafter.
(ii) It shall be a
condition of employment that employees shall work reasonable overtime to meet
the needs of the industry.
(iii) When overtime
is worked on Saturday and Sunday, the rate for the purpose of this calculation
shall be exclusive of the premiums prescribed in paragraph (d) of subclause 4.1
of clause 4, Hours.
(iv) In the calculation
of overtime each day shall stand alone and overtime rates shall be paid for
once only.
12.2 Time worked
outside the fixed hours for that day, by a worker arriving late, is to be
considered ordinary time until the worker has worked the normal number of
rostered hours for that day.
12.3 Subject to
genuine agreement between an employer and the worker, payment for overtime may
be converted to time off in lieu to be taken as one hour off for one hour's
pay. The calculation formula for time in lieu shall be the same as the monetary
calculation for overtime as per subclause 12.1 of this clause.
12.4 Provided that
time off in lieu of overtime payments at ordinary rates may be the subject of
such an agreement.
13. Superannuation
In this clause:
13.1 "Approved
scheme" means a scheme or fund which complies with the Australian
Government's operational standards for occupational standards for occupational
superannuation funds.
13.2
(a) "Eligible
employee" means an employee of the employer. Provided that such employee
has been in the service of the employer for the immediately preceding 8 weeks
irrespective of intermittency of employment during that 8 weeks.
(b) Where an
employee becomes an "eligible employee" the employer's contribution
of 3 per cent of ordinary time earnings shall be retrospectively made to apply
from the first day of employment.
13.3 "Employer"
means an employer who is bound by this award and who usually employs employees
performing the work of one or more of the classifications mentioned herein.
13.4 "Ordinary-time
earnings" means the rate paid for annual leave purposes (excluding annual
leave loading) pursuant to the Annual
Holidays Act 1944.
13.5
(a) Where an eligible
employee has not nominated an approved superannuation scheme within the meaning
of the Superannuation Principle of the State Wage Case 1987, the employer shall
in respect of an eligible employee contribute, pursuant to the relevant trust
deed or deed of adherence, to a scheme determined by the employer. Where an
eligible employee has nominated an approved superannuation scheme within the
meaning of the said Superannuation Principle to be a relevant fund, each
employee shall have the right to elect, within 1 month of 6 March 1990, or a
date subsequent when employment commences, as the case may be, between the
employer contributing, in respect to him or her, to either the approved
superannuation scheme so nominated by the eligible employee or a scheme
nominated by the employer, provided that failing such an election being made by
an employee in the time allowed the employer shall determine the scheme into
which the employer's contribution in respect of that employee is to be paid.
Provided further that, notwithstanding any other provisions of this award, this
award shall not impose any obligation or liability on the employer to
contribute to more than one approved scheme nominated by the eligible employee
in accordance with this clause.
(b) The contribution
referred to in paragraph (a) of this subclause shall be as prescribed by
paragraph (b) of subclause 13.2 of this clause.
13.6 Provided,
however, that the employer shall not be required pursuant to this award to
contribute in relation to any eligible employee in respect of any period for
which the employee is absent from his/her or her work on leave without pay.
13.7 Provided
further that no employer shall be required by this award to contribute in
respect of any eligible employee an amount which is more than 3 per cent of the
ordinary-time earnings of the eligible employee.
13.8 The employer
shall make such contributions monthly for pay periods completed in such months
or at such other times and in such other manner as may be agreed in writing by
the trustees of the approved scheme and the employer from time to time.
13.9 Notwithstanding
any other provisions of this award, this award shall not impose any obligation
or liability on the employer to contribute to more than one approved scheme
nominated collectively by the eligible employees in accordance with this
clause.
13.10 It at any time,
after the commencement of this clause the employer becomes bound by an award of
any industrial tribunal or by a registered or unregistered industrial agreement
or by legislation to contribute to another approved scheme or to any scheme or
superannuation fund, not being an approved scheme, in respect of an eligible
employee, then the employer's liability to make contributions to an approved
scheme in respect of that eligible employee pursuant to the provisions of this
award shall be reduced by the amount of the contribution the employer makes or
is required by the award or registered or unregistered industrial agreement or
by legislation to make to the other approved scheme or to another scheme or
superannuation fund, not being an approved scheme, from the date the employer
becomes bound to make payments to the other approved scheme or superannuation
fund, not being an approved scheme.
13.11 An employer
shall not be liable to contribute on behalf of any eligible employee who
refuses to sign any application form as required by the trust deed of the fund.
Such refusal shall be in writing, notwithstanding that the employee can at any
time apply to have contributions commencing upon becoming a member of the fund.
Provided further that where an eligible employee is a member of The
Australasian Meat Industry Employees' Union, New South Wales Branch or The
Australasian Meat Industry Employees' Union, Newcastle and Northern Branch,
such relevant union shall be notified of the employee's refusal.
13.12 Leave is
reserved to any party bound by this award to apply in matter No. 25 of 1990 in
respect of any unforeseen circumstances not contemplated by the parties at the
time of the making of this variation.
13.13 Existing
Arrangements - An employer shall be exempt from the superannuation provisions
of this award if that employer has prior to 6 March 1990 established an
approved fund or is paying on behalf of eligible employees contributions in
accordance with the provisions of another award, legislation or industrial
agreement providing superannuation benefits and that funds or payments cover
employees covered by this award with contributions not less than 3 per cent of
ordinary-time earnings. This exemption shall extend to all aspects of these
superannuation arrangements including but not limited to fund choice,
qualification, period, contributions, etc.
14. Holidays
14.1 The days upon
which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day,
Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed and the
picnic day of the union together with all proclaimed public holidays for the
State shall be recognised as holidays. Provided that by agreement between the
employer and employee(s) the above holidays may be substituted for another day
off.
In the week in which a holiday falls a weekly employee
and each regular pieceworker and each regular casual shall be paid without
deduction; provided that payment need not be made for the holiday where the
employee is absent without leave or without a satisfactory reason on the
working day immediately preceding the holiday or the working day immediately
following the holiday.
14.2 Where such holidays
fall on consecutive days an employee who works on either the working day
preceding or the working day succeeding such holiday, but not on both, shall be
entitled to payment for the holiday closest to the said day on which he worked.
14.3 Each regular
pieceworker or regular casual shall be paid for each of the foregoing holidays
a sum equivalent to the casual rate prescribed for the classification in which
he is employed on the working day preceding the holiday.
14.4 Work on
Holidays - All time worked on a public holiday shall be paid for at the rate of
double time and one-half.
15. Annual Leave
See Annual Holidays
Act 1944.
16. Annual Leave Loading
16.1 This clause
takes effect on and from 1 January 1974. It applies only in relation to annual
holidays to which employees become or have become entitled after 31 December
1973.
16.2 In this clause
the Annual Holidays Act 1944 is
referred to as "the Act".
16.3 Before an
employee is given and takes his/her 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 16.7.)
16.4 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.
16.5 The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled since 31 December 1973 under the Act
and this award (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), and which commences on or after 1 January 1974 or, where
such a holiday is given and taken in separate periods, then in relation to each
such separate period.
(NOTE: See subclause 16.7 as to holidays taken wholly
or partly in advance after 31 December 1973.)
16.6 The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause 16.5 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 holiday together with, where applicable, the additional loadings
for females and the additional sums prescribed by subclause 6.3 of clause 6,
Wages, but shall not include any other allowances, penalty rates, shift
allowances, overtime rates or any other payments prescribed by this award.
16.7 No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause 16.6 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 after 31 December
1973 and the entitlement to the holiday arises after that date.
16.8 Where, in
accordance with the Act and after 31 December 1973 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:
(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 16.6 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 relation to the amount payable to
enable him/her under the Act such proportion of the loading that would have
been payable to him/her under this clause if he had become entitled to an
annual holiday prior to the close-down as his/her qualifying period of
employment in completed weeks bears to 52.
16.9
(a) When the
employment of an employee is terminated by his/her employer on or after 1
January 1974 for a cause other than misconduct and at the time of the
termination the employee had not been given and had not taken the whole of an
annual holiday to which he became entitled after 31 December 1973, he/she shall
be paid a loading calculated in accordance with subclause 16.6 for the period
not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee's employment.
16.10 This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he had not been on holiday; provided that, if
the amount to which the employee would have been entitled by way of shift work
allowances and weekend penalty rates for the ordinary time (not including time
on a public or special holiday) which the employee would have worked during the
period of the holiday exceeds the loading calculated in accordance with this
clause, then that amount shall be paid to the employee in lieu of the loading.
17. Sick Pay
An employee who, after not less than three months'
continuous service in his/her current employment with the employer, is unable
to attend for duty during his/her ordinary working hours by reason of personal
illness or personal incapacity (excluding illness or incapacity resulting from
injury within the Workers' Compensation
Act 1987, received in the said employment not due to his/her own serious
and wilful misconduct), shall be entitled to be paid for such non-attendance
the amount of his/her ordinary-time rate of pay, subject to the following:
17.1 He/she shall,
within twenty-four hours of the commencement of such absence, inform the
employer of his/her inability to attend for duty and, as far as possible, state
the nature of the illness or incapacity and the estimated duration of the same.
17.2 For the purpose
of ascertaining whether or not an employee is or has been ill and the
particulars thereof (including, where applicable, the estimated duration of
his/her absence) the employer, through any person appointed by the employer to
interview employees for the purpose stated, which appointment shall be notified
to the union, shall have the right to interview any employee who is or has been
absent from duty. Where a person so appointed is a legally qualified medical
practitioner the right to interview an employee shall include the right to
examine the employee.
17.3 He/she shall
prove to the satisfaction of the employer (or in the event of a dispute the
Industrial Relations Commission) that he/she is or was unable on account of
such illness or incapacity to attend for duty on the day or days for which
payment under this clause is claimed.
17.4 In any period
of employment, his/her entitlement to sick pay shall be in accordance with the
following schedule:
In
respect of
|
Duration
|
1st year of service
|
5
days
|
2nd year of service
|
6
days
|
3rd year of service and
thereafter
|
8
days
|
Any period of paid sick leave allowed by the employer to
the employee in any such year shall be deducted from the period of leave which
may be allowed or carried forward under this award or in respect of such year.
17.5 The rights
under this clause shall accumulate from year to year so long as his/her employment
continues with the employer, whether under this or any other award, so that any
part of the said leave which has not been allowed in any year may be claimed by
the employee and shall be allowed by the employer, subject to the conditions
prescribed by this clause, in a subsequent year of such continued employment.
17.6 An employee,
who unreasonably refuses the interview or unreasonably refuses or prevents the
examination specified in subclause 17.2 of this clause, shall not be entitled
to payment for the period during which he/she is absent from duty.
17.7 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;
(b) any absence
from work by reason of personal illness, injury, or other reasonable cause
(proof whereof shall in each case be upon the employee); provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
17.8 Service before the
date of coming into force of this clause shall be counted as service for the
purpose of qualifying thereunder.
17.9 Service before
the date of the commencement of this award shall be counted for the purpose of
assessing the annual sick leave entitlement but shall not be taken into
consideration in arriving at the period of accumulated leave. Accumulated sick
leave standing at the credit of the employee at the commencement of this award
will not be increased or reduced by this clause.
17.10 This clause does
not apply to casual employees except regular casuals.
18. Personal/Carer's Leave
18.1 Use of Sick
Leave:
18.1.1 An
employee with responsibilities in relation to a class of person set out in
subclause 18.1.3 (ii) who needs their care and support shall be entitled to
use, in accordance with this subclause, any sick leave entitlement which
accrues after 30 November 1995 for absences to provide care and support for
such persons when they are ill.
18.1.2 The
employee shall, if required, establish by production of a medical certificate
or statutory declaration, the illness of the person concerned.
18.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care and support 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 and 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 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
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(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.
18.1.4 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.
18.2 Unpaid Leave
for Family Purpose:
18.2.1 An
employee may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a class of person, as set out in
subclause 18.1.3(ii), who is ill.
18.3 Annual Leave:
18.3.1 To
give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent
of the employer, to take annual leave not exceeding five days in any calendar
year at a time or times agreed upon by the parties.
18.3.2 Access
to annual leave, as prescribed in paragraph 18.3.1 of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
18.3.3 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.
18.4 Time Off in
Lieu of Payment for Overtime:
18.4.1 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 upon with the employer.
18.4.2 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.
18.4.3 An
employer shall, if requested by an employee, provide payment at the rate
provided for the payment of overtime in the award for any overtime worked under
subclause 18.4.1 of this subclause where such time has not been taken within
four weeks of accrual. Notwithstanding anything contained elsewhere in this
subclause, on notice from the employer an employee must elect, within six
months of accrual, whether to take overtime worked under the said subclause
18.4.1 as an overtime payment or as time off work at the ordinary-time rate of
pay.
18.5 Make-up Time:
18.5.1 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.
19. Long Service
Leave
See Long Service Leave
Act 1955.
20. Bereavement Leave
20.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person within Australia as prescribed in
subclause 20.3 of this clause.
20.2 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.
20.3 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 18.1.3 of subclause 18.1 of clause 18, 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.
20.4 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.
20.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
18.2, 18.3, 18.4 and 18.5 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.
21.
Mixed Functions
21.1 An employee who
is required to do work carrying a higher rate than his/her ordinary
classification for two hours or more on any day or shift shall be paid at the
higher rate for the whole of the day or shift.
21.2 Subject to subclause
21.1 of this clause, an employee who on any day or shift is required to do the
work of a higher classification for at least one hour shall be paid the rate
prescribed for such work whilst so engaged.
21.3 Should any
employee engaged at a higher paid class of work be transferred temporarily to a
lower paid class of work he/she shall continue to receive the higher rate
during such transferred temporary employment.
22. Payment of Wages
22.1 By agreement
between the employer and the existing employees, wages shall be paid by either
cash, cheque or Electronic Funds Transfer (EFT). Wages shall be paid on a fixed
day each week and shall include all monies up to the finishing time two week
days earlier.
22.2 The employer
may vary the pay day around public holidays.
22.3 Provided that
as from the effective date of this variation all new employees shall, at the
discretion of the employer, be paid by EFT, cheque or cash.
23. Piecework Rates
Except as to present practice that is at the date of
commencement of this award it shall be an offence against this award for any of
the work set out in any of the classifications in this award to be performed
under any piecework or tally system unless such system is agreed to by the
Union and the employer and, failing such agreement, the matter shall be
processed through clause 29, Settlement of Disputes, and failing a resolution
to the matter it shall be referred to the Industrial Relations Commission of
New South Wales.
Note: The union shall not unreasonably withhold consent.
24.
Terms of Employment
24.1
(a) A weekly
employee shall be paid by the week and except in the case of misconduct
justifying summary dismissal, the employment shall be terminated by one week's
notice on either side given on any working day with the right to the payment of
or forfeiture of one week's wages in lieu thereof, as the case may be.
(b) A new employee
will be on a trial period of 2 months and shall be terminated by two days
notice by either side. Provided that if the appropriate notice is not given
during this period the payment or forfeiture of two days wages, depending upon
when termination is effected, will be applied. This subclause shall not apply
to a casual employee.
24.2 Employees shall
perform such work as the employer shall from time to time reasonably require.
24.3 Types of
engagement: An employee may be engaged -
(a) as a weekly
employee; or
(b) as a part-time
worker;
(c) as a casual
hand, whether pieceworker or timeworker;
(d) as a regular pieceworker
or a regular casual timeworker;
(e) as a shift
worker.
Employees shall be informed by the employer when first
engaged of the nature of his/her engagement.
24.4
(a) A part-time
employee means an employee who is a weekly employee engaged for a minimum of 18
hours per week on not less than 3 days per week. The hourly rate shall be the
weekly rate divided by 40.
(b) The rostered
times of work cannot be altered by the employer unless 48 hours notice is
given, or unless there is mutual consent by the employer and the employee(s) to
such lesser period applying.
(c) Notwithstanding
anything else 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 proportionate basis.
(d) Notwithstanding
the provisions of this clause, the union and an employer may agree in writing,
to observe other conditions in order to meet special cases.
24.5 Casual Hands -
Other than Regular Pieceworkers and Regular Casual Timeworkers: Casual
employment, whether of pieceworkers or timeworkers, shall be by the day and the
engagement shall terminate at the end of the day. A casual timeworker shall be
paid at the rate of one-fifth of the appropriate weekly rate of pay plus 10 per
cent per day or part thereof.
24.6 Regular
Pieceworkers and Regular Casual Timeworkers: Regular, as applied to a pieceworker
or a casual timeworker means that the employee, though not employed as a weekly
hand, is required to attend for work each day unless notified that on any
particular day he is not required to attend. Regular hands shall be engaged by
the day and, subject to the provisions of this award as to payment for public
holidays, sick leave, annual leave, their engagement shall terminate at the end
of each day. Regular casual timeworkers shall be paid at the rate of one-fifth
of the appropriate weekly rate of pay plus 10 per cent per day or part thereof.
24.7 In the case of
weekly employees employment may be terminated by either the employer or the
employee by a week's notice on either side or upon payment or forfeiture, as
the case may be, of a week's wages.
24.8 This clause
shall not affect the right of the employer to deduct payment for any day or
portion thereof during which the employee is stood down by the employer as the
result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct
on the part of the employee, or to deduct payment for any day during which the
employee cannot be usefully employed because of any strike, or through any
breakdown of machinery, or due to any cause for which the employer cannot
reasonably be held responsible: Provided that the latter portion of this
subclause, "or due to any cause for which the employer cannot reasonably
be held responsible", shall apply only to those employers who are members
of The Employers' First, Australian Business Industrial, National Meat
Association of Australia (New South Wales Division), industrial unions of
employers, on the basis of the undertakings given by them as to its application
in these proceedings.
24.9 This clause
shall not affect the right of the employer to dismiss an employee without
notice for refusal of duty, malingering, inefficiency, neglect of duty and
misconduct and in such cases the wages shall be payable up to the time of
dismissal only.
25. General Conditions
25.1 See Factories, Shops and Industries Act
1962, re dressing and dining room accommodation.
25.2 Where the work
of an employee necessarily requires the use of gloves (including the handling
of spirits or hot tins) or that he/she should work under wet conditions or in
all weathers, the employer shall provide for the use of every employee whose
work shall so require, gloves, waterproof aprons, gum boots and oilskins. Any
employee applying for new gloves, aprons, boots or oilskins who fails to return
the corresponding articles last issued to him/her shall not be entitled to same
without payment thereof at a reasonable price.
25.3 Where the
employer does not supply knives, oilstones, pouches or steels employees whose
work necessarily requires their use shall be paid an allowance of 5 cents per
working day for boners. Other employees using a knife shall be paid 3 cents per
working day.
25.4
(a) Any employee,
who by direction of the employer is required to wear a uniform (including head
covering), shall be supplied with a minimum of two such clean uniforms for use
weekly. Such articles shall remain the property of the employer and any
employee applying for a new issue who fails to return the corresponding article
last issued to him/her shall not be entitled to same without payment therefore
at a reasonable price.
(b) Upon the
termination of employment any employee who fails to return the article last
issued to him/her, shall have the value of the article which he fails to return
deducted from any moneys which may be due to him/her.
26. Right of Entry
See section 296 of Industrial
Relations Act 1996.
27. Leave Reserved
Leave is reserved to the Union to apply as it may be advised
in respect of:
(i) margins and
extra rates after 3 April 1975;
(ii) penalty rates
for night shift.
28. Enterprise Arrangements
28.1
(a) As part of the
Structural Efficiency exercise and as an ongoing process for improvements in
productivity and efficiency, discussion should take place at an enterprise to
provide more flexible working arrangements, improvement in the quality of
working life, enhancement of skills, training and job satisfaction, and
positive assistance in the restructuring process and to encourage consultation
mechanisms across the workplace to all employees in an enterprise and
consideration of a single bargaining unit in all multi-union/union award
workplaces. Union delegates at the
place of work may be involved in such discussions.
(b) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary, provided that:
(i) a majority of
employees affected genuinely agree;
(ii) such
arrangement is consistent with the current State Wage Case principles.
(c)
(i) Before any
arrangement requiring variation to the award is signed and processed in
accordance with subclause 28.2, details of such arrangements shall be forwarded
in writing to the union or unions with members in that enterprise affected by
the changes and the employer association, if any, of which the employer is a
member. A union or employer association may, within 14 days thereof, notify the
employer in writing of any objection to the proposed arrangement, including the
reasons for such objection.
(ii) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
Procedures to be followed -
28.2 Such enterprise
arrangements shall be processed as follows:
(a) All employees will
be provided with the current prescriptions (e.g., award, industrial agreement
or enterprise arrangement) that apply at the place of work.
(b)
(i) Where an
arrangement is agreed between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing.
Where the arrangement is agreed between the employer
and an absolute majority of permanent employees under this award at an
enterprise, such arrangement shall be committed to writing.
(ii) The
authorised representative of employees at an enterprise may include a delegate,
organiser or official of the relevant union if requested to be involved by the
majority or employees at the establishment.
(c) The
arrangement shall be signed by the employer, or the employer's duly authorised
representative, and the employees or their authorised representative with whom
agreement was reached.
(d) Where an
arrangement is objected to in accordance with subclause 28.1(c)(i) and the
objection is not resolved, an employer may make application to the Industrial
Relations Commission to vary the award to give effect to the arrangement.
(e) The union
and/or employer association shall not unreasonably withhold consent to the
arrangement agreed upon by the parties.
(f) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission to have the arrangement approved and the award
varied in the manner specified in paragraph (g) of this subclause.
Such applications are to be processed in accordance
with the appropriate State Wage Case principles.
(g) Where an
arrangement is approved by the Industrial Relations Commission and the
arrangement is contrary to any provisions of the award, then the name of the enterprise
to which the arrangement applies, the date of operation of the arrangement, the
award provisions from which the said enterprise is exempt, and alternative
provisions which are to apply in lieu of such award provisions (or reference to
such alternative provisions), shall be set out in a schedule to the award.
(h) Such
arrangement when approved shall be displayed on a notice board at each
enterprise affected.
(i) No existing
employee shall suffer a reduction in entitlement to earnings, award or overaward,
for working ordinary hours of work as the result of any award changes made as
part of the implementation of the arrangement.
29. Settlement of Disputes
It is the intention of the parties to this award to
eliminate disputes which result in stoppages, bans or limitations and it is
agreed that the parties to this award shall confer in good faith with a view to
resolving any matter at issue by direct negotiation and consultation.
The parties further agree that, subject to the provisions of
the Industrial Relations Act 1996,
all grievances, claims or disputes shall be dealt with in the following manner
so as to ensure the orderly settlement of the matters in question:
(i) Any
grievance, claim or dispute which arises shall, where possible, be settled by
discussion on the job between the employee(s) and his/her/their immediate
supervisor. Such discussion should take place as soon as possible.
(ii) If the matter
is not resolved at this level, the matter will be further discussed between the
affected employee(s), the union delegate and the supervisor/manager of the
relevant site, and the company's industrial relations representative shall be
notified.
(iii) If no
agreement is reached, the union organiser and union delegate shall discuss the
matter with the company's nominated industrial relations representative.
(iv) Should the
matter still not be resolved, it may be referred by the parties to an
Industrial Tribunal for settlement.
(v) Whilst the
foregoing procedure is being followed, work shall continue normally. No party
shall be prejudiced as to the final settlement by the continuance of work in
accordance with this subclause.
(vi) Any grievance
or dispute which is raised by the union on behalf of members at a site,
enterprise or industry level, shall be processed in accordance with subclauses
(ii), (iii), (iv) and (v) of this clause.
30. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full-time and part-time persons employed in the classifications
specified by clause 6, Wages.
(ii) This clause
shall apply, in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees, in the terms
of paragraph (i) of subclause (D) of this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, 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 employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific period
of time or for a specified task or tasks or where employment is terminated due
to the ordinary and customary turnover of labour.
(B) Introduction of
Change -
(i) Employer's
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effect 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
effect" includes 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 alteration 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 discussions
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
purposes of such discussions, 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 the 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.
(C) Redundancy -
(i) Discussions
before Terminations -
(a) Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing to be done by anyone pursuant to subparagraph (a) of
paragraph (i) of subclause (B), Introduction of Change, of this clause, and
that decision may lead to the termination of employment, the employer shall
hold discussions with the employees directly affected and with the union to
which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of subparagraph (a) of this
paragraph and shall cover, inter alia, any reason 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.
(c) For the
purpose 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 employees 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.
(D) Termination of
Employment-
(i) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph 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 (a) of paragraph (i) of subclause (B) 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 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
|
(b) 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.
(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 for
Technological Change - This paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (a) of paragraph (i) of subclause (B) 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
as those to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
(v) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate the employment of
employees, the employer shall notify the 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.
(vii) Centrelink
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 Centrelink.
(viii) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in subparagraph (a) of paragraph (i) of subclause (B) 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 rate for the number of
weeks of notice still owing.
(E) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to paragraph (i) of
subclause (D) of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the employee
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 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 clause 6,
Wages.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause.
The Industrial Relations Commission of New South Wales
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 an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause if the employer obtains acceptable alternative employment
for an employee.
(F) Savings Clause
- Nothing in this clause 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 agreement, taken as a whole, between
the union and any employer bound by this award.
31.
Area, Incidence and Duration
This award shall apply to all employees engaged in the
classes of work set out in Table 1 of Part B of this award, within the
jurisdiction of the Meat Preservers, &c. (State) Industrial Committee.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Meat Preservers, &c. (State) Award, published 14
February 1992 (267 I.G. 1141), and all variations thereof.
The award published 14 February 1992 took effect from the
beginning of the first pay period to commence on or after 30 November 1990.
The changes made to this award pursuant to the Award Review,
pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 IG 307) take effect on 20 June 2001.
The award remains in force until varied or rescinded, the
period for which it was made having already expired.