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New South Wales Industrial Relations Commission
(Industrial Gazette)




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JOURNALISTS' SUBURBAN NEWSPAPERS (STATE) AWARD
  
Date06/28/2002
Volume334
Part4
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C1099
CategoryAward
Award Code 412  
Date Posted06/27/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(412)

SERIAL C1099

 

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.

 

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