JOURNALISTS' SUBURBAN NEWSPAPERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 2703 of 1999)
Before Commissioner
O'Neill
|
8 June 2001 and 24 January 2002
|
REVIEWED AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Area
Incidence and Duration
2. Anti-Discrimination
3. Definitions
4. Minimum
Weekly Rates of Pay
5. Supplementary
Payments
6. Shift
Penalties
7. Casuals
8. Permanent
Part-time Employees
9. Classification
of Employees
10. Cadet
Journalists
11. Cadet
Press Photographers
12. Hours of
Employment
13. Overtime
14. Public
Holidays
15. Accommodation
16. Holiday
Leave and Leave Loading
17. Expenses
18A. Sick and
Incapacity Pay
18B. Personal
Carers Leave
18C. Bereavement
Leave
19. Names to
be Furnished
20. Files for
Reference
21. Termination
of Services
22. Long
Service Leave
23. Time Book
24. Literary
Work, Press Photographers
25. Clothing,
etc., Press Photographers
26. Award
Modernisation
27. Trade
Union Training Leave
28. Use of
Technology
29. Disputes
Settling Procedure
30. Leave
Reserved
31. Superannuation
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
PART A
1. Area, Incidence
and Duration
(a) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the
Journalists’ Suburban Newspapers (State) Award published 3 February 1995 (283
I.G. 780) and all variations thereof.
(b) The award
published on 3 February 1995 took effect from the beginning of the first pay
period to commence on or after 4 March 1994.
(c) The changes
made to the award pursuant 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 on New South Wales on December 1998 (308 IG 307) take
effect on and from 8 June 2001.
(d) This award
remains in force for three years or until varied or rescinded, the period for
which it was made having already expired.
(e) Except as
provided in subclause (g) of this clause, this award shall apply to employees
of the employers named in subclause (f) of this clause and to any successor to
or any assignee or transmittee of the business of any such employer or of such
part of any such employer's business as relates to the conduct of the newspaper or magazine in connection with which
employees of any of the classifications referred to in this award are employed,
including any corporation which acquires or takes over such business or part of
such business.
(f) The employers
referred to in subclause (e) of this clause are:
Suburban Community Newspapers Pty Ltd;
Messenger Print Pty Ltd;
Torch Publishing Co Pty Ltd;
Fairfax Community Newspapers Pty Ltd;
Double Bay Newspapers Pty Ltd, General Newspapers Pty
Ltd, and
Brehmer Fairfax Pty Ltd (trading as Eastern Suburbs
Newspapers);
Manly Warringah Times (Holdings) Ltd.
(g) It shall not
apply to an employee who is an Editor-in-Chief as defined in this award.
2.
Anti-Discrimination
(a) 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 the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed in this award the parties have obligations 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 of operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee who has made or may make or has been involved
in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to effect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) any act or
practice of a body established to propogate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(iii) a party to
this award from pursuing matters of unlawful discrimination.
(e) 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.
(i) Employers and
employees may also be subject to Commonwealth Anti-Discrimination legislation.
(ii) Section 56
(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that confirms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
3. Definitions
(a) "Editor-in-Chief"
is an editor responsible for two or more newspapers published by his/her
employer.
(b) The expression
"Editor" includes not only a journalist who is engaged or paid as
such but also those who constantly or regularly perform substantially the
duties, which are ordinarily performed by a person so engaged or paid.
(c)
(i) "Editor
off the time book" is an employee who is paid the minimum award rate of
pay prescribed in clause 4, Minimum Weekly Rates of Pay, for Grade 7 or Grade 7
(AJA 6), according to which subclause is applicable to the editor, plus an
amount being ten per cent of such minimum rate.
(ii) An Editor off
the time book is exempted from the provisions of this award except in respect
of subclauses (b) and (c) of the said clause 4, according to which subclause is
applicable to the Editor, and clause 16, Holiday Leave and Leave Loading,
clause 17, Expenses, clause 18A, Sick and Incapacity Pay, and clause 21,
Termination of Services.
(d) "Employer"
shall mean the companies and the firms set out in subclause (c) of clause 1,
Area, Incidence and Duration.
(e) "Union"
shall mean The Media Entertainment and Arts Alliance whose registered office is
245 Chalmers Street, Redfern 2016.
(f) For the
purposes of clause 10, Cadet Journalists, and clause 11, Cadet Press
Photographers, "Graduate" means a graduate of a College of Advanced
Education or the equivalent.
4. Minimum Weekly
Rates of Pay
(a) The minimum
weekly award rate of pay, except where otherwise provided in this award, shall
be:
(i) In the case
of an employee to whom Column l of (a) and (b) of Table 1 - Rates of Pay, of
Part B, Monetary Rates, applies, the amount assigned in that column to the
employee's grade.
(ii) In the case
of an employee to whom Column 2 of (a) and (b) of the said Table 1 applies, the
amount assigned in that column to the employee's grade.
(b) The minimum
weekly rate of pay for journalists and press photographers who, at the
direction of their employer, perform work for the whole or major part of each
shift they work in any week for a newspaper published by their employer on five
or more days in that week, shall be as set out in (a) of Table 1.
(c) The minimum
weekly rate of pay for journalists and press photographers who, at the
direction of their employer, perform work for the whole or major part of each
shift they work in any week for a newspaper published by their employer on less
than five days in that week, shall be as set out in (b) of Table 1.
(d) The minimum
weekly award rate of pay prescribed in Column 1 of (a) and (b) of Table 1 is
the sum of the minimum weekly classification rate of pay assigned in that
subclause for the employee's grade and the amount of the supplementary payment
assigned to the employee's grade as set out in (c) or (d) of Table 1. Such rate
shall be paid to an employee not required to use a visual display terminal in
the creation or editing of editorial material in production.
(e)
(i) The minimum
weekly award rate of pay prescribed in Column 2 of (a) and (b) said Table 1 is
the minimum weekly award rate of pay specified in Column 1 of the said (a) and
(b) plus an allowance of six per cent. Such rate shall be paid to an employee
required to use a visual display terminal in the creation or editing of
editorial material in production.
(ii) An employee
entitled to the allowance referred to in paragraph (i) of this subclause shall
not cease to be paid the allowance if assigned to duties not requiring visual
display terminal work, provided that this provision shall not apply where a
newspaper ceases using visual display terminals editorially or in a particular
editorial function.
(iii) "Visual
Display Terminal" shall include any portable visual display terminal.
(f) Cadet
Journalists and Cadet Photographers -
(i) The minimum
weekly rates of pay for cadet journalists, other than graduate cadets, shall be
the following percentages of the award rate of pay prescribed in (a) of Table 1
for a Grade 2 or (b) of Table 1 for a Grade 2 (AJA lb), whichever is
appropriate, as adjusted from time to time:
Year
of Cadetship
|
Percentage
of Grade (2/AJA 1b)
|
First
|
60
|
Second
|
75
|
Third
|
80
|
(ii) The minimum
weekly rates of pay for graduate cadets in their first year of cadetship shall
be the rate prescribed for a third year cadet in paragraph (i) of this
subclause.
(iii) The weekly
rates of pay for cadets prescribed above shall be calculated as follows:
Amounts up to and including 2 cents shall be
disregarded.
Amounts of 3 cents and less than 7 cents shall count as
5 cents.
Amounts of 7 cents and over shall count as 10 cents.
(g) Complex Area
Make-up Allowance -
(i) An allowance
as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, shall be paid on a weekly basis to regular sub-editors who have
qualified in and are required to use complex area make-up procedures in production.
(ii) For the
purposes of paragraph (i) of this subclause, a sub-editor is a journalist
required to work the equivalent of a full shift of 7.5 hours in any week as a
sub-editor.
(iii) Casual
employees shall be paid the allowance prescribed in the said paragraph (i) if
they perform sub-editorial duties for the equivalent of a full shift of 7.5
hours in any week.
(iv) The allowance
prescribed in paragraph (i) will not be part of an employee's salary for any
purpose of the award.
(v) The allowance
prescribed in paragraph (i) shall cease to be paid once the employee is no
longer a sub-editor.
(vi) Complex area
make-up means activating computer programmes which cause headings, text,
picture captions and editorial display devices such as rules and borders of
news items or feature articles to be typeset in a single operation in the
relative positions described for them in an editorial layout. It does not mean
activating standard programmes, which control the typesetting of material,
especially tabular material.
(h) VDT Breaks -
(i) No journalist
or cadet journalist shall be required to work on a visual display terminal for
more than two hours straight without a break.
(ii) Where a
journalist or cadet journalist on any shift works on a visual display terminal
for two hours straight, the journalist or cadet journalist shall be entitled to
a ten-minute break in respect of each such two-hour period.
(iii) Such VDT
breaks shall be counted as time worked.
(iv) Journalists or
cadet journalists qualifying for VDT breaks under this subclause will normally
be entitled to two such breaks. However, on extended shifts or parts of shifts,
a journalist or cadet journalist may be entitled to more than two such VDT
breaks.
(v) In an
emergency the employer may require a journalist or cadet journalist to work on
a visual display terminal for a maximum of two hours and thirty minutes
straight.
(i) The
provisions regarding VDT breaks prescribed in subclause (h) of this clause
shall be applied in accordance with the following:
(i) The purpose
of the VDT break prescribed by the said subclause (h) is to provide a formal
break from operation of visual display terminals after two hours' continuous
use. The purpose is not to reduce daily working hours.
(ii) An employer
may require a journalist or cadet journalist to engage in non-VDT work during
the break provided for in the said subclause (h). The intention is to give a
break from VDTs, not a break from all work.
(iii) The intention
of the said subclause (h) is that the break it provides for is to fall during
the shift or part of the shift. It is not proposed that the VDT break be taken
at the end of the shift (that is, a ten-minute "early cut") or at the
end of a half shift (that is, an extra ten minutes added to a meal break).
(iv) Where a
ten-minute break is taken before two hours VDT work is completed, the next
break will fall due after a further two hours' continuous work period on VDTs.
(v) Where a break
of less than ten minutes is taken by a journalist or cadet journalist, the
employer may require the journalist or cadet journalist to extend the break to
ten minutes for the purposes of subclause (h) of this clause.
(vi) The parties
acknowledge that in offices where informal arrangements work well, those
arrangements, by agreement, may apply in lieu of the arrangements set out
above.
(j) Payment of
the wages prescribed by this clause or clause 7, Casuals, may be made by cash,
cheque or electronic funds transfer at the election of the employer.
5. Supplementary
Payments
(a) The amount of
the supplementary payment for an employee to whom Column 1 of (a) of Table 1 -
Rates of Pay, of Part B, Monetary Rates, applies shall be the amount assigned
to the employee's grade in (c) of the said Table 1.
(b) The amount of
the supplementary payment for an employee to whom Column 1 of (b) of Table 1
applies shall be the amount assigned to the employee's grade in (d) of Table 1.
(c) The
supplementary payments prescribed in (c) and (d) of Table 1 are in substitution
for any overaward payment as defined hereunder which would otherwise have been
paid up to the amount of the supplementary payment. Any overaward payment
applicable at the date of operation of this award shall be reduced by the
amount of the supplementary payment established by subclauses (c) and (d) of
Table 1.
(d) The minimum
weekly award rates of pay set out in (a) and (b) of Table 1 include the
arbitrated safety net adjustment provided for in the June 1998 and June 1999
State Wage Case decision. Consistent with the requirements of that decision,
the said amount is absorbable to the extent of any equivalent amount in rates
of pay - whether overaward, award or enterprise arrangement - in excess of the
minimum rates (classification rate and supplementary payment) prescribed in
this award.
"Overaward payment" is defined as the amount
(whether it be termed overaward payment or by any other term whatsoever) of any
payment, apart from any disability payment, made to an employee and which was
not made in order to comply with this award.
6. Shift Penalties
(a) An employee
who is rostered to perform and who performs ordinary duty on a shift, any part
of which falls between the hours of 6.00 a.m. and 7.00 a.m. or is rostered to
perform and performs ordinary duty on a shift that concludes between the hours
of 6.00 p.m. and 8.30 p.m., shall be paid an additional 10 per cent of his/her
salary for the shift.
(b) An employee
who is rostered to perform and performs ordinary duty on a shift, any part of
which falls between the hours of 8.30 p.m. and 6.00 a.m., shall be paid an
additional 17½ per cent of his/her salary for that shift.
(c) The additional
rates provided for in subclauses (a) and (b) of this clause are not cumulative
and, where any shift attracts both penalties, the higher percentage only shall
be paid.
(d) An employee
who is rostered to perform and performs ordinary duty where the greater part of
the shift falls between the hours of midnight Friday and midnight Sunday shall
be paid an additional 7½ per cent of his/her base salary for the shift.
(e) The respective
additional payments prescribed in this subclause shall not exceed the amount
based on the minimum weekly award rate of pay prescribed in (a) of Table 1,
Rates of Pay, of Part B, Monetary Rates, for a Grade 4 and (b) of the said
Table 1 for a Grade 3 (AJA 2), as appropriate.
7. Casuals
(a) A
"casual" means an employee who is engaged as such. A casual may be
employed:
(i) for a minimum
engagement of half a day;
(ii) for a day;
(iii) by the hour,
for an engagement in excess of four hours, when an employee seeks such casual
employment or in cases where work is offered for a limited duration of up to 3
months on a special project. (Note: The employer will advise the union of all
such engagements.)
(b) No one casual
shall be employed for more than 24 hours in any week except to take the place
of a classified member of the classified staff temporarily absent from duty.
(c) The union may,
by written consent, extend the limitations of casual employment provided for in
subclause (b) of this clause on a written request to do so from the employer.
(d) The minimum
rate of payment for casual work shall be:
(i) 12½ per cent
of Grades 3 or 5 award rate of pay as set out in (a) of Table 1, Rates of Pay,
of Part B, Monetary Rates, or 12½ per cent of Grades 3 (AJA 2) or 5 (AJA 4)
award rate of pay in (b) of the said Table 1, as appropriate, for a half-day
engagement of three and three-quarter hours;
(ii) 20 per cent
of Grades 3 or 5 award rate of pay in (a) of Table 1 or 20 per cent of Grades 3
(AJA 2) or 5 (AJA 4) award rate of pay set out in (b) of the said Table 1, as
appropriate, for a full-day engagement of seven and a half hours;
(iii) an hourly
rate determined by dividing the appropriate rate of pay for the employee's
grade prescribed in clause 4, Minimum Weekly Rates of Pay, by 38.
(iv) The
classification of a casual employee shall be determined by the employer.
(e) Subject to
paragraph (iii) of subclause (a) of this clause, if a casual is engaged for a
half-day engagement and the casual works for more than three and three-quarter
hours and less then seven and one-half hours, the casual shall be paid for the
full day.
(f) Time worked
in excess of seven and one-half hours on any day shall be paid for as follows:
(i) for the first
three hours at the rate of time and one-half;
(ii) thereafter at
the rate of double time.
8. Permanent
Part-Time Employees
(a) An employer
may employ an employee as a permanent part-time employee.
(b) The following
terms and conditions of employment shall apply to any employee employed as a
permanent part-time employee:
(i) Not fewer
than eight ordinary hours and not more than 32 ordinary hours shall be worked
by any one permanent part-time employee in a week, with four hours being the
minimum number of hours of work which shall be performed by such an employee on
any day.
(ii) Subject to
paragraph (i) of this subclause, the ordinary hours of work and days on which
such work is to be performed shall be specified in writing by the employer to
the permanent part-time employee before the part-time employee begins
employment. Such agreed upon hours and days may be changed only by:
(1) agreement (in
writing) between the permanent part-time employee and the employer; or
(2) seven days'
notice (in writing) between the permanent part-time employee and the employer,
provided that there is no diminution of the total agreed upon number of
ordinary weekly hours of work.
(c) The grade of
each permanent part-time employee, which shall be no less than Grade 2 or Grade
2 (AJA 1b), as appropriate, shall be agreed upon in writing between the
permanent part-time employee and the employer before the employee commences
employment.
(d) The minimum
weekly rate of pay for a permanent part-time employee shall be the rate which
is that proportion of the weekly rate for an employee of the same grade as the
permanent part-time employee which the ordinary weekly hours of work of that
part-time employee bear to 38.
(e)
(i) The weekly
hours of permanent part-time employees will be expressed as a percentage of 38
hours for the purposes of the classification table.
(ii) The
percentage of employees on the same grade will be added together. Any
accumulated percentage above 50 per cent will count as 100 per cent; any
percentage at or below 50 per cent will be disregarded.
(iii) Where the
proportions are affected by staff alterations, those proportions shall be
restored within eight weeks.
(f) Application
of award provisions not referred to above for permanent part-time employees:
(i) For the
purposes of this clause, pro rata means, in the case of each permanent
part-time employee, the percentage which the ordinary weekly hours of the
employee bears to 38.
(ii) Annual leave
entitlements shall accrue for permanent part-time employees in the same manner
as for full-time employees. Payment for any period of, or entitlement to,
annual leave for part-time employees shall be calculated pro rata for the
period of leave or entitlement.
(iii) Sick leave
shall accrue for permanent part-time employees in the same manner as for
full-time employees and payment for absences shall be in respect of the hours
each week that would have been worked by the employee concerned had that
employee been working.
(iv) All other
provisions of the award applicable to full-time employees which are capable of
having application to permanent part-time employees shall apply to permanent
part-time employees; provided that, where such provisions specify the payment
to be made to an employee, which is calculated on the basis of, or by reference
to, weekly hours of work of a full-time employee, the payment shall be made pro
rata to the permanent part-time employee.
(g) The provision
of permanent part-time employment is not to prejudice the rights of the parties
in respect of the employment of casual employees and is not to be applied so as
to prejudice the employment of full-time employees.
9. Classification of
Employees
(a) "Classified
members" or "classified staff" or "members of the
classified staff", for the purposes of this award, means employees
classified as hereinafter mentioned, not for the purpose of controlling or
regulating their qualifications or work or duties toward their employers, but
only to fix the minimum rates of pay which they are to receive.
(b) Employees,
except those specified in subclause (c) of this clause, shall be classified in
two groups, namely journalists and press photographers, in accordance with the
following table:
Number of Employees
Classified:
|
GRADE
|
|
A
|
B
|
C
|
D
|
1
|
|
1
|
-
|
-
|
2
|
|
1
|
1
|
-
|
3
|
1
|
1
|
1
|
-
|
4
|
1
|
1
|
1
|
1
|
5
|
1
|
2
|
1
|
1
|
6
|
1
|
2
|
2
|
1
|
7
|
1
|
3
|
2
|
1
|
8
|
1
|
3
|
3
|
1
|
9
|
1
|
4
|
3
|
1
|
10
|
2
|
4
|
2
|
2
|
11
|
2
|
5
|
2
|
2
|
12
|
3
|
5
|
2
|
2
|
13
|
3
|
5
|
3
|
2
|
14
|
3
|
6
|
3
|
2
|
15
|
3
|
6
|
3
|
3
|
16
|
3
|
7
|
3
|
3
|
17
|
4
|
7
|
3
|
3
|
18
|
4
|
7
|
4
|
3
|
19
|
4
|
8
|
4
|
3
|
20
|
4
|
8
|
4
|
4
|
21
|
4
|
9
|
4
|
4
|
22
|
5
|
9
|
4
|
4
|
23
|
5
|
9
|
5
|
4
|
24
|
5
|
10
|
5
|
4
|
25
|
5
|
10
|
5
|
5
|
26
|
5
|
11
|
5
|
5
|
27
|
6
|
11
|
5
|
5
|
28
|
6
|
11
|
6
|
5
|
29
|
6
|
12
|
6
|
5
|
30
|
6
|
12
|
6
|
6
|
31
|
6
|
13
|
6
|
6
|
32
|
7
|
13
|
6
|
6
|
33
|
7
|
13
|
7
|
6
|
34
|
7
|
14
|
7
|
6
|
35
|
7
|
14
|
7
|
7
|
36
|
7
|
15
|
7
|
7
|
37
|
8
|
15
|
7
|
7
|
38
|
8
|
15
|
8
|
7
|
39
|
8
|
16
|
8
|
7
|
40
|
8
|
16
|
8
|
8
|
41
|
8
|
17
|
8
|
8
|
42
|
9
|
17
|
8
|
8
|
43
|
9
|
17
|
9
|
8
|
44
|
9
|
18
|
9
|
8
|
45
|
9
|
18
|
9
|
9
|
Any excess in any grade may be used to make up the
proportion prescribed for any lower grade.
(c) The exceptions
referred to in subclause (b) of this clause: Editors off the time book,
editors, cadets and casuals.
(d) The
classification table in subclause (b) of this clause shall be implemented in
accordance with the following translations:
(i) Employees to
whom subclause (b) of clause 3, Minimum Weekly Rates of Pay, applies:
A Grade
|
Grades
5 and 6;
|
B Grade
|
Grades
3 and 4;
|
C Grade
|
Grade
2;
|
D Grade
|
Grade
1.
|
(ii) Employees to
whom subclause (c) of the said clause 3 applies:
A Grade
|
Grade
5 (AJA 4);
|
B Grade
|
Grade
3 (AJA 2);
|
C Grade
|
Grade
2 (AJA lb);
|
D Grade
|
Grade
l (AJA 1a).
|
10. Cadet Journalists
(a) A cadet
journalist, for the purpose of this award, means an employee who is constantly
or regularly in training for journalism or who substantially does the work of
one in training for journalism or who has not had three years' experience in
journalism.
(b) Experience in
journalism of a cadet shall be regarded as continuous, notwithstanding that
he/she may have been employed by more than one newspaper.
(c) Except with
the consent of the union, which consent shall not be unreasonably withheld, not
more than one cadet shall be employed to every four members of the classified
staff.
(d) The minimum
weekly rates of payment to cadets are the rates prescribed in subclause (f) of
clause 4, Minimum Weekly Rates of Pay.
(e)
(i) The period of
cadetship shall not exceed three years from the date on which the cadet
commences to perform journalistic work, provided that cadet training
requirements are met.
(ii) For a cadet
who commences his/her cadetship as a graduate of an approved tertiary course at
a university, the period of cadetship shall not exceed one year, during which
time the cadet shall be paid as prescribed in paragraph (ii) of subclause (f)
of the said clause 4.
(f)
(i) A cadet shall
not be entitled to be paid as a second-year cadet until a minimum standard of 60
words per minute in shorthand has been attained. If a cadet attains a minimum
standard of 60 words per minute in shorthand in the second year of employment,
the period beyond 12 months taken to achieve the said minimum shall
correspondingly reduce the second year of cadetship.
(ii) A cadet shall
not be entitled to be classified and paid as a third-year cadet until a minimum
standard of 80 words per minute in shorthand has been attained. If a cadet
attains a minimum standard in the third year of employment, the period beyond
24 months taken to achieve the said minimum shall correspondingly reduce the
third year of cadetship.
(iii) A cadet shall
not be entitled to be classified and paid as a graded journalist until a
minimum standard of 120 words per minute in shorthand has been attained.
(iv) An employer in
a particular case may waive the attainment of such standards as a condition of
promotion to the next higher year of cadetship or to the graded staff, as the
case may be.
(g) A cadet
journalist shall be fully and thoroughly taught and instructed by the employer
in the profession of journalism in accordance with the following syllabus:
(i) Cadets shall
be instructed progressively throughout their cadetship in practical journalism
and a responsible person shall supervise such training.
(ii) A person
entering upon his/her cadetship shall be made familiar with the activities of
the various departments so that he/she may have a full knowledge of the
handling of news from its collection to its publication, learn shorthand and
typewriting and be examined from time to time to determine the progress being
made.
(h) Cadet
journalists shall be given wide practical experience in reporting work and not
be restricted to one class of work unless they are being trained in specific
branches of journalism.
(i) Cadet
journalists from time to time shall accompany classified journalists on
assignment to receive practical instruction.
(j) A cadet
journalist shall be permitted by his/her employer to absent himself/herself during
ordinary working hours for periods not exceeding a total of four hours in any
week to attend shorthand and typewriting classes, lectures, classes or
examinations which apply to any specialised branch of journalism approved by
the employer and the union and/or in subjects prescribed for the course of the
Diploma in Journalism granted by an Australian university or other approved
course.
(k) All lecture
fees and text books necessary for the course prescribed in the last preceding
subclause shall be made available by the employer.
11. Cadet Press
Photographers
(a) A cadet press
photographer means an employee who is constantly or regularly in training for
newspaper work or who substantially does the work of one in training for
newspaper work as a press photographer and who has not had three years
experience in any such work.
(b) Periods of
such training on any newspaper shall be taken into account in calculating the
period of experience specified in subclause (a) of this clause.
(c) In exceptional
circumstances the employer may, with the consent of the union, which consent
shall not be unreasonably withheld, continue to employ, at the rate prescribed
for a third year cadet, any cadet who has completed three years of cadetship.
The period or periods for which such an arrangement is to operate shall be
determined by the union. If the cadet's services are terminated by the employer
without lawful cause during such period or periods, he/she shall be paid the
difference between the rate for a third-year cadet and the lowest relative rate
of pay prescribed in (a) or (b) of Table 1, Rates of Pay, of Part B, Monetary
Rates, whichever is applicable, from the time of completion of his/her third
year of cadetship to the date of such termination. If such cadet voluntarily
leaves his/her employment during or after such period or periods, no extra
payment shall be made.
(d) Except with
the consent of the union, which consent shall not be unreasonably withheld, the
proportion of cadet press photographers to press photographers shall not be
more than the following:
when 1 or 2 are employed - 1 cadet;
when 3 or 4 are employed - 2 cadets;
when 5 or 6 are employed - 3 cadets.
(e) The minimum
weekly rates of pay for cadet press photographers are prescribed in subclause
(f) of clause 4, Minimum Weekly Rates of Pay.
(f) A cadet press
photographer shall be fully and thoroughly taught and instructed by the
employer in photographic journalism in accordance with the following syllabus:
(i) Cadets shall
be instructed progressively throughout their cadetship in their work and a
responsible person shall supervise such training.
(ii) A person
entering upon his/her cadetship shall be made familiar with the handling and
publication of pictures.
(iii) Cadets may be
required to attend lectures by senior journalists and/or other authorities on
the theory and practice of journalism to the extent that such lectures will
give them an appreciation of news values, including the use of photographs in
newspaper production.
(iv) Cadets shall
be given wide practical experience and instruction in press photography and
shall not be restricted to one class of work unless they are being trained in a
special branch of press photography.
(v) Cadets from
time to time shall accompany senior photographers on assignments to receive
practical instruction.
(g) A cadet press
photographer shall be permitted by his/her employer to absent himself/herself
during ordinary working hours for such hours as may be agreed to from time to
time between the cadet and the employer of the cadet to attend classes or
examinations which apply to any specialised branch of press photography
approved by the employer and the union and/or in subjects prescribed for the
course of the Diploma in Journalism granted by an Australian university or
other approved course.
(h) All lecture
fees and textbooks necessary for the course prescribed in the last preceding
subclause shall be made available by the employer.
12. Hours of
Employment
Part A - Hours of Employment -
(a) In this clause,
unless the contrary appears, the word "day" means a period of 24
hours.
(b) Subject to
subclause (c) of this clause, the ordinary hours of duty shall be an average of
38 per week to be worked on one of the following bases:
(i) by employees
working 38 ordinary hours on five days per week; or
(ii) by employees
working the following ordinary hours over 19 days in a 20-day work cycle:
40 ordinary hours in each of three weeks and 32
ordinary hours in one week in the 20-day work cycle; or
(iii) by employees
working the following ordinary hours over nine days in a ten- day work cycle:
42 ordinary hours in one week and 34 ordinary hours in
one week in the ten-day work cycle; or
(iv) by employees
working 38 hours on four days in each five-day work cycle.
(c)
(i) The method by
which the 38-hour week, as provided for in subclause (b) of this clause, is to
be worked shall be determined on a section-by-section or a unit-by-unit basis
in each employer's establishment by agreement between the employer and the majority
of employees affected in the section or unit.
(ii) For the
purposes of the introduction of a 38-hour week, as provided for in subclause
(b) of this clause and paragraph (i) of this subclause, employees and their
employer shall determine which are the sections or units within the employer's
enterprise.
(d) The ordinary
weekly hours of duty specified in subclause (b) of this clause shall be worked
so that each employee shall be given two days off duty each week, except:
(i) In the weeks
in which a public holiday occurs an additional day off duty shall be given for
each such public holiday (in accordance with clause 14, Public Holidays) and
the days on which the ordinary hours of work determined as provided for in
subclause (b) of this clause for such a week can be worked will be reduced by
one for each such public holiday.
(ii) When the
38-hour week is implemented in respect of any employee in the manner specified
in paragraphs (ii), (iii) or (iv) of subclause (b) of this clause, when the
number of days off duty which such employee is given shall be increased as
necessary to give effect to the paragraph applicable to such employee.
(e)
(i) In this
subclause, the words "day off duty" mean any day off which an
employee is given under subclause (d) of this clause.
(ii) Each employee
shall be notified of days off duty by the posting of rosters at least seven
days before the beginning of the work cycle in which such days off duty are to
be granted. Such notification can be included in the roster provided for in
Part B of this clause.
(iii) In respect of
a day off duty, an employer may depart from the roster referred to in paragraph
(ii) of this subclause in case of an emergency or a shortage of staff through
sickness or other cause, which cannot be reasonably foreseen.
In the case of such a departure, the employer shall
give the employee as much notice of such departure as possible and shall,
within the same or the next succeeding week, grant to such employee days off
duty in lieu of those days off duty cancelled.
(iv) In respect of
a day off duty, referred to in paragraph (ii) of subclause (d) of this clause,
the employees of a section or a unit may agree with their employer to accrue up
to a maximum of three days off.
(f) In the event
that employees and their employer do not reach agreement on any aspect of
subclauses (b) or (c), paragraph (ii) of subclause (d) or paragraph (iv) of
subclause (e) of this clause, the matter shall be referred to the Industrial
Relations Commission of New South Wales ("the Commission") for
determination.
(g) Where
agreement is reached on the method of implementing the 38-hour week in
accordance with paragraphs (ii), (iii) or (iv) of subclause (b) of this clause,
either the union or the employer may have the terms of such agreement recorded
in writing, signed, dated and submitted to the Commission.
(h) Where an
employee who is entitled to a day or days off under subclause (d) of this
clause is not given such days off, the employee shall (subject to paragraph
(iv) of subclause (e) of this clause) be paid for such day or days in
accordance with subclause (f) of clause 13, Overtime.
(i) An employee
shall not be compelled to work more than five hours without a break of not less
than 20 minutes.
(ii) Where an
employee is permitted a break of one hour off duty for a meal, the employer
shall be entitled to deduct one hour from the total time worked in accordance
with paragraph (iii) of this subclause. If the break permitted is less than one
hour, no time shall be deducted in any one day, except in the circumstances
where the employee requests in writing and the employer agrees, the lunch break
may be a half hour, in which case only the employer may deduct half an hour
from the total.
(iii) An employee's
hours of duty shall count continuously from the time of entering upon duty,
defined in paragraph (iv) of this subclause, until the time the employee signs
off at the completion of the work of the day.
(iv) "Entering
upon duty" means:
(a) arrival at the
office for the first time in the day to begin duty; or
(b) beginning of
the first engagement, provided that a reasonable time shall he allowed to cover
the period required to reach the engagement from home.
Note: Methods of working the 38-hour week as a four-day
week, nine-day fortnight or nineteen-day month shall comply with the
requirements of the Full Bench of the Australian Industrial Relations
Commission Decision in Matters C Nos. 33717 and 33869 of 1988, namely, that
such methods can operate without detriment to the quality of the product, with
negligible cost impact and no disputation.
Part B - Rosters of Ordinary Hours of Employment -
(a) The starting
and finishing times of the ordinary daily hours of work of an employee will be
rostered fourteen days in advance on a section-by-section basis unless the
employer and a majority of employees in that section agree that a roster is not
feasible. Such agreement shall contain provisions for the means of determining
overtime and shall be in writing.
(b) Ordinary hours
of duty will be rostered in shifts of not less than four and not more than
eleven hours.
(c) Due to
unforeseen circumstances, rostered ordinary hours of duty of an employee may be
changed by the employer up to the conclusion of the previous shift worked by
the employee or, where the employee is off duty, not less than twelve hours
before the next rostered shift of ordinary hours for the employee is due to
begin, or later in an emergency.
13. Overtime
(a)
(i) Any amount
paid to an employee in excess of the minimum award rate of pay for the
employee's grade shall not be regarded as a set-off against overtime worked.
(ii) The hourly
rate for overtime purposes shall be calculated by dividing the minimum award
rate of pay for the employee's grade by 38.
(b) All overtime
payments due to an employee shall be made within eighteen days of the end of
the week or fortnight, as the case may be, in which the overtime was worked.
(c) "Daily
overtime" represents all time worked outside an employee's rostered hours
of duty, except for time worked on a rostered day off.
(d) Daily overtime
shall be compensated for in the following manner:
(i) Up to and
including the first hour of overtime shall either be given as time off in lieu
at the rate of time and a half within the following fortnight or paid for at
the rate of time and a half at the discretion of the employer.
(ii) Overtime in
excess of one hour shall be paid for at the rate of time and a half for the
first two hours and double time thereafter.
(iii) An employee
may, by mutual agreement with his or her employer, opt to take time off in lieu
at the rate of single time within the next twelve months. Such agreement shall
be recorded in writing.
(e) Any time
allowed off duty in lieu of overtime shall be deemed to be ordinary rostered
hours for the day or days on which the time off in lieu is taken.
(f) An employee
entitled to be paid for a day or days off under subclause (h) of clause 12,
Hours of Employment, shall be paid at the rate of double time for all time
worked on any such day or days, with a minimum payment of 4 hours, except when
any such day is a public holiday as defined in subclause (a) of clause 14,
Public Holidays, when the provisions of subclause (b) or (c) of the said clause
14 shall apply.
(g) "Insufficient
break" represents all time worked before the expiration of ten hours from
completion of the duty on one day and the resumption of duty and shall be
compensated as follows:
(i) If the break
is less than eight hours, overtime shall be paid at the rate of double time for
all work done before the expiration of ten hours' break.
(ii) If the break
is eight hours or more, overtime shall be paid at the rate of time and a half
for all work done before the expiration of the ten-hour break.
(iii) Time worked
during any period of insufficient break shall not be included in the
calculation of weekly hours.
(h) In no
circumstances shall overtime involved in any of the foregoing subclauses be
compensated for more than once.
(i)
(i) The
provisions of this subclause shall apply where the employment of an employee
who is owed overtime terminates.
(ii) Where the
employment of an employee is terminated as provided for in this award or by
agreement between the employee and his or her employer, the employee shall be
either paid for the overtime owed at the rate for overtime or, if practical and
agreed upon between the employee and his or her employer, the overtime shall be
allowed as time off in lieu as provided for in this award.
14. Public Holidays
(a) New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day and any day
gazetted in substitution for any such day or as an additional public holiday
for the whole of the State of New South Wales shall be public holidays for the
purpose of this clause.
(b) Subject to
subclause (c) of this clause, employees should be allowed off all public
holidays specified in subclause (a) of this clause without deduction from their
pay; provided that all employees, including casuals, may be required to work on
any such day and shall be paid double time and one-half for all time so worked,
with a minimum payment for four hours' work.
(c) An employee
may, by agreement with the employer, work on a public holiday as specified in
subclause (a) of this clause at ordinary-time rates, provided that the employee
will be given a day off in lieu of the public holiday. The day off in lieu may
be taken separately at a mutually convenient time or be added to annual leave.
15. Accommodation
The employer shall provide and maintain adequate
accommodation for the reasonable convenience and comfort of employees and make
all reasonable provisions for enabling them to carry out their duties
efficiently.
16. Holiday Leave and
Leave Loading
(a) See Annual Holidays Act 1944.
(b) Notwithstanding
the provisions of the said Act, when the annual holidays are fixed to begin on
Monday and the employee has worked on the preceding Sunday, the holidays shall
date from the Tuesday.
(c)
(i) All
journalists, press photographers and cadets shall be paid a loading of 17½ per
cent on the rate of payment prescribed in clause 4, Minimum Weekly Rates of
Pay, and clause 7, Casuals, for the period of holiday leave prescribed by this
clause.
(ii) Where the
employment of an employee ceases, either because the employee is terminated by
his/her employer for a cause other than misconduct or the employee resigns and
at the time of termination the employee has not been given and has not taken
the whole of the annual leave to which the employee is entitled (i.e, annual
leave that is fully accrued and is due), he/she shall be paid a loading
calculated according to paragraph (i) of this subclause for such leave,
otherwise no loading is payable on the termination of the employment of the
employee.
(d) Where an
employee works in excess of one hour's overtime on the day immediately
preceding that on which his or her annual leave is fixed to begin, the employee
shall receive an extra day's annual leave.
17. Expenses
(a) All employees
regularly employed on salaries, and casuals, shall be paid reasonable
out-of-pocket expenses.
(b) If an
employee's duty compels him/her to take more than one meal away from home, any
meal or meals in excess of one shall (unless otherwise paid for or reimbursed
by the employer) be paid for by the employer at the rate as set out in Item 2
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(c) If the
employee is not permanently engaged on night work and is engaged to such an
hour that the ordinary means of transport are not available, he/she shall be
allowed the expenses necessary for him/her to be conveyed to his/her home.
(d) If an employee
agrees to use his/her motor vehicle in the course of his/her employment, he/she
shall be paid an allowance as set out in Item 3 of Table 2 of Part B for each
kilometre travelled while so using his/her vehicle. An employee seeking payment
under this clause shall make the claim in writing to his/her employer.
18A. Sick and
Incapacity Pay
(a) Employees
other than casual employees shall, subject to the production of a medical
certificate or other evidence satisfactory to the employer, 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.
(b) An employee
shall, wherever practicable, within 24 hours of the commencement of absence due
to illness or injury, inform the employer of his/her inability to attend for
duty and, as far as practicable, state the nature of the illness or injury and
estimated duration of the absence.
(c) 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.
(d) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to workers' compensation.
(e) If the full
period of sick leave is not taken in any year the whole of the 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 twelve years
before the end of the last completed year of service. Sick leave credited to an
employee under the provisions of clause 18A, Sick and Incapacity Pay, of the
Journalists' Suburban Newspapers (State) Award published 24 April 1985, as
varied, and untaken as at the date of effect of this award, shall be brought
forward and credited to the employee and shall be cumulative according to the
provisions of this subclause.
(f)
(i) Subject to
subclause (g) of this clause, any employee who is hospitalised whilst on annual
leave or any employee who, whilst on annual leave, suffers from any illness or
incapacity which is of such a kind that the employee would not be able to
perform his/her normal duties if he/she were at work, shall be entitled to
substitute annual leave.
(ii) Such
substitute leave may be added to annual leave or taken at some other mutually
convenient time. Further, such leave shall be paid for at the rate of pay
ordinarily applicable to sick leave.
(g) An employee
will only be entitled to substitute annual leave pursuant to subclause (f) if
the following conditions are satisfied, namely:
(i) The
hospitalisation or period of illness or incapacity lasts for at least 2 days of
the employee's period of annual leave; and
(ii) the employee
has sufficient fully paid sick leave available; and
(iii) a medical
certificate from a fully qualified medical practitioner in respect of the whole
of the period of hospitalisation, illness or incapacity is produced to the
employer upon returning from annual leave.
(h) If an employee
is injured as a result of engaging in a particular form of recreation, hobby or
exercise and takes sick leave or substitute annual leave in respect of that
injury, an employer may notify the employee in writing that if the employee
further indulges in that particular form of recreation, hobby or exercise, that
no liability in the case of injury arising therefrom shall attach to the
employer and thereafter the employee shall not be entitled to sick leave or
substitute annual leave in respect of any injury arising out of that particular
form of recreation, hobby or exercise. A general notification by circular or
otherwise shall not constitute sufficient notification for the purposes of this
subclause.
18B. State
Personal/Carer's Leave Case - August 1996
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 18A, Sick
and Incapacity Pay, for absences to provide care and support for such persons
when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the
employee or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of clause 13,
Overtime, the following provisions shall apply.
(b) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
18C. Bereavement
Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of a person as
prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph(c) of subclause (1) of clause 18B, State
Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of
bereavement leave, the employee need not have been responsible for the care of
the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 18B. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
19. Names to be
Furnished
(a) Each employer
shall keep a book in which the following entries shall be kept separate and
up-to-date:
(i) The names of
each journalist and press photographer and the grade in which he/she is
classified.
(ii) Names of the
holders of the positions exempted from classification. (See subclause (c) of
clause 9, Classification of Employees.)
(iii) The name of
each cadet, the date of commencement of employment with the employer and the
year of his/her cadetship.
(iv) The name of
each person employed on casual work.
(b) The book shall
be available for inspection during office hours by the Secretary of the union
or by any officer authorised by the executive of the union.
(c) A copy of each
entry shall, on written request, be furnished in writing by the employer to the
Secretary of the Union.
20. Files for
Reference
(a) The employer
shall file in his/her office, for one month after the issue, copies of each
edition of the newspaper or newspapers published by him.
(b) Such files
shall be available for reference during office hours.
21. Termination of
Services
After twenty-six weeks of employment, during which period
one week's notice shall suffice, the employment of an employee other than a
casual shall not, without lawful cause, be terminated by either party unless
the following periods of notice of such termination shall have been given or,
in the case of termination by an employer, payment made in lieu thereof:
For employees to whom subclause
(b) of clause 4, Minimum Weekly Rates of Pay, applies:
Grade 7 -
|
eight
weeks;
|
Grades 5 and 6 -
|
six
weeks;
|
Grades 3 and 4 -
|
four
weeks;
|
Grades 1 and 2 -
|
two
weeks;
|
Cadets -
|
two
weeks.
|
For employees to whom subclause (c) of the said clause 4
applies:
Grade 7 (AJA 6) -
|
eight
weeks;
|
Grade 5 (AJA 4) -
|
six
weeks;
|
Grade 3 (AJA 2) -
|
four
weeks;
|
Grade 2 (AJA 1b) -
|
two
weeks;
|
Grade 1 (AJA 1a) -
|
two
weeks;
|
Cadets -
|
two
weeks.
|
22. Long Service
Leave
See Long Service Leave
Act 1955.
23. Time Book
See Industrial
Relations Act 1996.
24. Literary Work,
Press Photographers
No press photographers or cadet press photographers shall do
literary work beyond that necessary for the provision of information for
captions.
25. Clothing, Etc.,
Press Photographers
(a) The employer
shall keep press photographers and cadet press photographers supplied with a
waterproof apron or, if mutually agreed to, other suitable protection, in
satisfactory condition, for use in the dark room. A reasonable supply of clean
towels shall be made available for use in the dark room.
(b) Employees
required to work in wet weather shall be supplied with adequate wet weather
gear by their employer.
26. Award
Modernisation
(a) The parties
are committed to modernising the terms of the award so that it provides for
more flexible working arrangements, improves the efficiency and productivity of
the industry, enhances skills and job satisfaction and assists positively in
the restructuring process.
(b) Each of the
parties is prepared to discuss any matter raised by any other party in
accordance with the award modernisation provisions of the agreement. Agreements
may be on a house basis between an employer and union members. Any discussions
with the union and/or its members represented by house committees must be
premised on the understanding that:
(i) Where the
matter may involve a variation or contested interpretation of the award, the
Branch Secretary or his or her nominee shall be involved in discussions.
(ii) In any other
matter, discussions will be conducted with authorised representatives of union
members employed by the employer. This may involve branch officials of the
union at the option of the union or the employer.
(iii) Where any
agreement is reached, the majority of members affected must agree.
(iv) The union must
be a party to the agreement and will not unreasonably oppose any agreement.
(v) Where any
agreement involves a variation of the award, the parties will make a consent
application to the Industrial Relations Commission of New South Wales to have
the agreement ratified. The terms of any agreement so ratified shall substitute
for the provisions of the award to the extent that they deal with the same
matter. Such variation will not take effect until approved by the Commission.
(vi) The dispute
settling procedure in clause 29, Disputes Settling Procedure, will apply if
agreement cannot be reached on a particular issue.
27. Trade Union
Training Leave
(a) The amount of
paid leave available to be taken each year as leave to attend a Trade Union
Training Course conducted by the Trade Union Training Authority or any training
school sponsored by the ACTU or a State branch of the ACTU, shall be:
(i) in the case
of an employer who employs less than 20 journalists, including photographers -
two days per year;
(ii) in the case
of an employer who employs 20 or more journalists, including photographers -
five days per year; to be shared between one or more journalists nominated by
the union, subject to the following conditions:
(b) Applications
for such leave shall be referred to the employer at least 14 days before the
commencement of the course and shall be accompanied by a statement from the
union advising that it has nominated the employee concerned and providing
details of the times, dates, content and venue of the course.
(c) Leave shall
only be granted where the employer is satisfied that the scope, content and
level of the course is of such a nature as to be calculated to assist in
reducing labour disputes and in advancing industrial relations in the industry.
(d) Leave pursuant
to this clause shall count as service for all purposes.
(e) The employer
shall only be required to grant leave when the employee concerned can be
released for the period of the course without affecting the normal operation of
the employer concerned. The employer will not unreasonably refuse to grant such
leave.
(f) For the
purpose of this clause, "year" shall mean the period from 1 January
to 31 December, commencing from 1 January 1990.
28. Use of Technology
(a) Employees
shall, when required by their employer, use all available functions of computer
equipment to perform any work, which can be performed by persons within the
scope of the Constitution of the union.
Such work will include, but will not be limited to:
(i) Computer-assisted
editorial layout and all other computer-assisted editorial functions.
(ii) Computer-assisted
art work.
(iii) Digital
photography, including preparation, reception, enhancement, editing and
transmission.
(iv) Use of
personal computers capable of operating software designed for editorial use.
(b) An employer
shall consult with the union and those employees affected in advance of the
introduction of any change in technology, which will have a significant effect
on the work of employees.
(c) Employers have
a duty to discuss change. In particular:
(i) An employer
shall discuss with the employees affected, and the union, the introduction of
the changes referred to in subclause (b) of this clause, the effects the
changes are likely to have on employees, and the training or retraining
measures to avert or mitigate the adverse effects of such changes on employees
and shall give prompt consideration to matters raised by the employees or the
union in relation to the changes.
(ii) 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 subclause (b)
of this clause.
(iii) For the
purposes of such discussions, an employer shall provide in writing to the union
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 be
inimical to the employer's interests.
(iv) Where any such
changes in technology involve members performing work ("the new
work") not within the scope of the allowance prescribed by subclause (e)
or subclause (g), Complex Area Make-up Allowance, of clause 4, Minimum Weekly
Rates of Pay, the parties shall discuss within the context of the Wage Fixing
Principles the question of the rate of pay for such work and, until either an
agreement (ratified by the Industrial Relations Commission of New South Wales)
is reached on the question of the rate of pay for the new work or the
Commission determines the rate of pay for the new work by arbitration, no
employee shall be required to perform the new work.
29. Disputes Settling
Procedure
Statement of Principle:
(a) It is the
intention of this understanding to facilitate a consultative procedure that
will assist in preventing and/or limiting disputes, which are likely to cause
work stoppages or other industrial action. It is agreed that every endeavour
will be made to settle any disputes, which arise, by direct negotiation and
consultation.
(b) Matters
affecting employment of members shall be subject to consultation, which will
ensure that all affected parties are promptly and fully informed about the
issue.
(c) While
procedures outlined in this understanding are being followed, normal work shall
continue.
(d) No party shall
be prejudiced as to the final settlement by continuation of normal work as a
prerequisite for the operation of these procedures.
(e) Procedures for
the settlement of disputes, claims and grievances are to follow the steps set
out below. All issues raised by the union officials shall start at Step 3.
Every attempt will be made to resolve issues quickly and at the lowest possible
level. If the matter is not resolved at that first step, such subsequent steps
are to be followed until resolution is achieved:
(1) The matter is
to be discussed in the first instance between the member(s) and his or her
supervisor.
(2) If necessary,
the matter is to be discussed by the member(s) concerned, the company and a
union house committee representative.
(3) If the matter
has not been resolved, the problem or complaint shall be referred to the
company and a duly accredited union official. The official shall then arrange
to discuss the matter with the members involved and the company.
(4) If there is
still no resolution, the matter may be submitted to the Industrial Relations
Commission of New South Wales.
30. Leave Reserved
Leave is reserved as follows:
(a) To any
employer to apply for the exclusion of the classification of Editor from the
scope of the award.
(b) To the parties
to apply as they may be advised during the currency of the award in relation to
clause 4, Minimum Weekly Rates of Pay, having regard to the outcome of
negotiations that are held between them as provided for in Exhibit 6 in Matter
Nos. 321 and 322 of 1990.
(c) To the union
to apply as it may be advised to review wage rates and allowances prescribed by
the award in the event of the Wage Fixing Principles established by the State
Wage Case of October 1989 being abandoned and not replaced by Wage Fixing
Principles which are the same or not significantly different from those
principles.
31. Superannuation
(a) Superannuation
Legislation - 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. This legislation, as varied from time to time, governs
the superannuation rights and obligations of the parties.
(b) For the
purposes of this clause:
"Fund" means a superannuation fund that
complies with the SGA Act and section 124 of the Industrial Relations Act 1996, is limited to the following:
(i) Journalists
Union Superannuation Trust (JUST); or
(ii) an
alternative superannuation scheme established and approved in accordance with
the Commonwealth operational standards for occupational superannuation funds,
where employees nominate.
"Ordinary Time Earnings" means:
(i) in the case
of a full-time employee, the appropriate rate of pay prescribed in clause Part
B, Minimum Rates of Payment;
(ii) in the case
of a part-time employee, the appropriate rate of pay prescribed by clause 8,
Permanent Part-time Work;
(iii) in the case
of a casual employee, the appropriate rate of pay prescribed by clause 7,
Casuals; plus any overaward payments made in respect of ordinary time worked by
the employee.
"Employee" means a full-time, part-time or
casual employee of the Company who is a member of a fund and who has notified
the Company in writing of that fact.
(c) The Company
shall, on the date of commencement of this provision or the date of engagement
of an employee, whichever is the later, notify each employee of his/her
entitlement to have occupational superannuation contributions made on their
behalf upon becoming a member.
(d) The employee
shall nominate the fund into which contributions made on his/her behalf are to
be paid and shall at the same time provide written evidence to the company of
his/her membership of that fund.
(e) The Company
shall, in respect of each member, pay contributions into a fund, at the rate of
three per cent of the member's ordinary time earnings, from the beginning of
the first pay period on or after the written evidence in subclause (d) is
received by the company.
(f) The employer
shall not be obliged to pay contributions in respect of:
(i) a member in
respect of any periods when that employee is absent without pay from his/her
employment;
(ii) a member
employed on a casual basis:
(1) until such
employee has worked shifts equivalent to 20 full days work within 13 weeks,
when contributions shall be made in respect of work performed thereafter;
(2) in respect of
any week during which such employee did not work shifts equivalent to 7½ hours.
(g) Such
contributions shall be paid at the intervals and in accordance with the
procedures and subject to the requirements prescribed by the relevant fund.
(h) A member shall
be entitled to elect to transfer his or her interest in one fund to another
fund and to direct payment of future contributions by the Company to such other
fund, but shall not be entitled to make such an election within five years
after the initial notification by the member of the fund into which
contributions are to be paid or the last notification under this subclause,
whichever is the later.
The Company shall only be obliged to make such
contributions to the other fund where the Company has been advised in writing:
(i) by the member
of such change;
(ii) by the
Trustees of the member's present fund that the member no longer belongs to that
fund; and
(iii) by the
Trustees of the other fund that the member now belongs to the other fund.
(i) This clause,
in so far as it applies to part-time and casual employees, commenced to operate
from the first full pay period to commence on or after 23 April 1991.
PART B
MONETARY RATES
Table 1 - Rates of Pay
(a) Journalists
and press photographers working on newspapers published on five or more days in
a week -
Classification
|
Previous minimum
|
ASNA
|
Column 1 minimum
|
Column 2 minimum
|
|
weekly rates of pay
|
May 2000
|
weekly rates of pay
|
weekly rates of pay
|
|
($)
|
($)
|
($)
|
($)
|
Grade 1
|
467.00
|
15.00
|
482.00
|
510.92
|
Grade 2
|
538.30
|
15.00
|
553.30
|
586.50
|
Grade 3
|
621.70
|
15.00
|
636.70
|
674.90
|
Grade 4
|
666.50
|
15.00
|
681.50
|
722.40
|
Grade 5
|
707.20
|
15.00
|
722.20
|
765.53
|
Grade 6
|
758.10
|
15.00
|
773.10
|
819.48
|
Grade 7
|
815.10
|
15.00
|
830.10
|
880.00
|
The minimum rate of pay in column 2 is the sum of the
minimum rate of pay in column 1 and an allowance of six percent, paid to an
employee required to use a visual display terminal in the creation or editing
or editorial material in production. May 2000 State Wage Case.
(b) Journalists
and press photographers working or newspapers published on less than five days
in a week -
Classification
|
Previous minimum
|
ASNA
|
Column 1 minimum
|
Column 2 minimum
|
|
weekly rates of pay
|
May 2000
|
weekly rates of pay
|
weekly rates of pay
|
|
($)
|
($)
|
$
|
$
|
1 (AJA 1a)
|
467.00
|
15.00
|
482.00
|
510.92
|
2 (AJA 1b)
|
520.00
|
15.00
|
535.00
|
561.10
|
3 (AJA 2)
|
558.00
|
15.00
|
573.00
|
607.38
|
4 (AJA 3)
|
-
|
-
|
-
|
-
|
5 (AJA 4)
|
646.20
|
15.00
|
661.20
|
700.87
|
6 (AJA 5)
|
-
|
-
|
-
|
-
|
7 (AJA 6)
|
758.10
|
15.00
|
773.10
|
819.48
|
The minimum rate of pay in column 2 is the sum of the
minimum rate of pay in column 1 and an allowance of six percent, paid to an
employee required to use a visual display terminal in the creation or editing
or editorial material in production.
(c)
Grade
|
SNA
|
Supplementary
payment per week
|
|
$
|
$
|
Grade 1
|
3.1%
|
9.12
|
Grade 2
|
3.1%
|
12.62
|
Grade 3
|
3.1%
|
17.88
|
Grade 4
|
3.1%
|
18.71
|
Grade 5
|
3.1%
|
20.93
|
Grade 6
|
3.1%
|
24.33
|
(d)
Grade
|
SNA
|
Supplementary
payment per week
|
|
$
|
$
|
AJA 1a
|
3.1%
|
51.85
|
AJA 1b
|
3.1%
|
52.94
|
AJA 2
|
3.1%
|
45.05
|
AJA 3
|
3.1%
|
TBD
|
AJA 4
|
3.1%
|
20.72
|
AJA 5
|
3.1%
|
TBD
|
AJA 6
|
3.1%
|
24.02
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
4(g)(i)
|
Complex Area Make-up allowance
|
23.10 per week
|
2
|
17(b)
|
Meal allowance
|
9.60 per meal
|
3
|
17(d)
|
Allowance for use of own motor vehicle
|
0.69 per kilometre
|
B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.