PRINTING INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New
South Wales Branch, industrial organisation of employees.
(No. IRC 474 of 2002)
Before The Honourable
Justice Kavanagh
|
8 March 2002
|
VARIATION
1. Renumber
clause 49, Area, Incidence and Duration, appearing in the Arrangement of the award
published 29 July 1981 and award review published 9 November 2001 (329 I.G.
391) as varied, to read as clause 50 and insert the following new clause 49:
49. Dispute
Settlement Procedure
2. Insert after
subclause (r) of clause 1, Definitions, the following new subclause:
(s) "Adult"
means:
(i) An employee
who has attained the age of 21 years other than an apprentice who has not
completed their period of apprenticeship.
(ii) An employee
who has completed their apprenticeship but has not attained the age of 21
years.
(iii) A
non-apprenticed junior who has not attained the age of 21 years who is employed
as a Keyboard operator/assembler.
3. Insert after
subclause (d) of clause 10, Payment of Wages and Pay Day, the following new
subclauses:
(e) Wage Rates:
For adult rates of pay prescribed by this award, refer
to Part B Monetary Rates, Table 1 - Wage Rates.
(f) Juniors Rates
(i) Juniors
Junior (other than a Junior Artist and/or Designer or a
Junior Keyboard Operator/Assembler) not being an apprentice - where the work is
performed by a junior (other than a junior artist and/or designer or a junior
keyboard operator assembler) not being an apprentice, the minimum rates of
wages shall be the undermentioned percentages of the wage of an adult employee
working at the rate prescribed for Group Level 2A Table 1 - Wage Rates for the
area in which they are employed.
Junior Rates
|
Percentage
|
Under 16 years of age
|
30
|
Between 16 and 17 years of age
|
40
|
Between 17 and 18 years of age
|
50
|
Between 18 and 19 years of age
|
60
|
Between 19 and 20 years of age
|
75
|
Between 20 and 21 years of age
|
90
|
(ii) Junior
Keyboard Operator/Assembler - The minimum rate of wage payable to a junior employed
as a keyboard operator/assembler shall be the rate prescribed for Group Level 4
of Table 1 - Wage Rates for the area in which they are employed.
(iii) Junior Artist
and/or Designer (including Junior Commercial Artist) - Where the work is
performed by a junior artist and/or designer (including a junior commercial
artist), the minimum rates of wages shall be the undermentioned percentages of
the wage of an employee working at the rate prescribed for Group Level 4 of
Table 1 - Wage Rates for the area in which they are employed.
Junior Keyboard Operator/Assembler - Junior Artist
and/or Designer (including Junior Commercial Artist)
|
Percentage
|
Under 17 years of age
|
37.5
|
Between 17 and 18 years of age
|
47.5
|
Between 18 and 19 years of age
|
60
|
Between 19 and 20 years of age
|
72.5
|
Between 20 and 21 years of age
|
87.5
|
(iv) Calculation of
Rate - The rate prescribed for all employees paid in accordance with the above table
relating to junior Keyboard Operator/Assembler and Junior Artist and/or
Designer (including Junior Commercial Artist) shall be calculated in multiples
of ten cents, amounts less than five cents being taken to the lower multiple
and amounts of five cents or more being taken to the higher multiple.
(g) Attendance at
accredited training provider
On the production by the junior artist of a certificate
from the accredited training provider showing that the junior artist has given
satisfactory attention to the course then there will be no deduction from the
junior artist's pay for the time of absence.
(h) Fees
The fees of the training provider must be paid by the
employer (unless paid by the NSW Government).
(i) Duties of juniors
under specified conditions
(i) No junior
under the age of eighteen years, unless an apprentice, will be employed on a
casting machine.
(ii) An employer
must not permit or require an employee under the age of eighteen years to be
employed on a power driven guillotine (unless an apprentice under contract as
provided in 5.1.3 of this award) or a platen or cylinder machine used for
carton cutting.
(iii) Juniors
undergoing training in their work must be provided with qualified adult
supervision.
(j) Junior
employed in screen printing
Subject to (i) (iii), where the dimensions of a piece
of printed matter:
(i) Exceed 300
millimetres by 600 millimetres (12 inches by 24 inches), an adult employee or
an apprentice to screen printing stencil preparation must be employed on the
same printing frame as any non-apprenticed junior on the printing (including
racking) of such printed matter.
(ii) Do not exceed
300 millimetres (twelve inches) by 600 millimetres (24 inches), a non
apprenticed junior may be employed alone on the printing (including racking) of
such printed matter.
(iii) A
non-apprenticed junior must not be employed in or in connection with the work
of transfers other than racking.
(k) Juniors
employed on small-offset lithographic printing machines
Juniors employed on small offset printing machines will
be supervised by a qualified adult.
(l) Apprenticeships
Apprenticeship authority means the Commissioner of
Vocational Training appointed under the Apprenticeship and Traineeship Act NSW
2001, the Vocational Training Board constituted under the Act or the Industrial
Relations Commission established by the Industrial
Relations Act 1996.
(i) The terms of
the award will apply to apprentices, including adult apprentices, except where
it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or
occupations provided for in this clause where declared or recognised by an
apprenticeship authority.
Subject to appropriate state legislation an employer
must not employ an unapprenticed junior in a trade or occupation provided for
in this clause.
(ii) Operation of
State laws
Where any statute or regulation relating to apprentices
is in force, if the statute or regulation is inconsistent with this award then the
provisions of this award will apply.
(iii) Training
Packages and Trades
Where it is consistent with NSW legislation, an
apprentice may be engaged under a Training Agreement approved by an
Apprenticeship Authority, provided the qualification outcome specified in the
Training Agreement is consistent with that established for apprenticeship in
the trade training package determined from time to time by the National
Printing Industry Training Council and endorsed by the National Training
Framework Committee.
(iv) Subject to
sub-clause (l) (i) an apprenticeship may be undertaken in any of the following
trades:
Graphic Pre Press
Printing Machining
Binding and Finishing
Screen Printing Stencil Preparation
(v) In order to
undertake trade training in accordance with l (iii) a person must be a party to
a contact of apprenticeship or a training agreement in accordance with the
requirements of the Apprenticeship Authority or NSW legislation. The employer will provide and/or provide
access to, training consistent with the contract or training agreement without
loss of pay.
(vi) An
apprenticeship may be cancelled or suspended only in accordance with the
requirements of the contract of apprenticeship or training agreement and the
requirements of NSW.
(vii) The probationary
period of an apprentice will be as set out in the training agreement or
contract of apprenticeship consistent with the requirement of the
apprenticeship authority and with NSW legislation but will not exceed six
months.
(vii) Apprentices
attending technical colleges or schools or registered training organisations of
TAFE and presenting reports of satisfactory conduct will be reimbursed all fees
paid by them.
(ix) Except as
provided in this clause or where otherwise stated all conditions of employment
specified in the award will apply to apprentices. Notice of termination and redundancy provisions will not apply to
apprentices.
(x) Period of
Apprenticeship
The period of apprenticeship will be four years.
The period may be varied to such other period as is
approved by an apprenticeship authority provided that any credits granted will
be counted as part of the apprenticeship for the purpose of wage progression
under clause 10.
Further the period may be varied to such other period
as is approved by:
an apprenticeship authority on the basis of:
an approved competency based program;
an approved Graphic Arts Pre Vocational Course.
No apprentice under the age of 17 years will be
required to work overtime before 7.00 am or no later than 9.00 pm on any
working day.
(xi) Release for
Training
An apprentice who is engaged in day release training
may only be employed on day work.
An apprentice who is engaged on block release training
may only be employed on day wok except where an apprentice is engaged on block
release training and who has completed 3 years block release training and 3
years of the apprenticeship when the apprentice may be employed on day work or
shift work.
Despite the above two paragraphs, an apprentice who is
engaged on block release training and who is aged 18 years or more may agree to
be employed on morning or afternoon shift except during periods of attendance
on block release training.
(m) Apprentice
Rates of Pay
(i) An apprentice
will not be entitled to a higher rate of pay until the apprentice has worked
for a period of twelve months.
(ii) Absences due
to annual leave and paid sick leave will be counted as part of the twelve month
period.
(iii) At the
request of the apprentice
Any time that has been worked by the apprentice in
excess of their ordinary hours will be credited to the apprentice in reduction
of the time that needs to be worked in the relevant year; or
Any time that has been worked by the apprentice in
excess of their ordinary hours will be credited to the apprentice when
calculating the amount of additional time that needs to be worked in the
relevant year.
(iv) The period of
the apprenticeship cannot be reduced by the operation of (m) (iii).
(n) Wages of
Apprentices (other than Adult Apprentices)
Where the work is performed by an apprentice (other
than an adult apprentice), the minimum rate of pay will be the percentage set
below of the wage of a tradesperson working at the rate prescribed for group
level 5 of this award in the area in which the apprentice is employed:
Apprentice Wage
|
Percentage
|
First Year
|
47.5
|
Second Year
|
60
|
Third Year
|
72.5
|
Fourth Year
|
87.5
|
(o) Proficiency
Payments
If the apprentice attains a standard approved by an
accredited training provider, the apprentice must receive, in addition to the
prescribed weekly wage, a weekly amount calculated on the following percentages
of the appropriate rate prescribed for skill level 5 of Table 1 - Wage Rates.
(i) For the first
annual examination passed at that standard 0.86%.
(ii) For the
second annual examination passed at that standard, instead of the percentage
prescribed in (o) (i) above, 1.72%.
(iii) For the third
annual examination passed at that standard, instead of the percentage
prescribed in (o) (ii), 2.58%.
The apprentice will receive such additional amount on
and from the beginning of the first pay period commencing in January following
the examination. Where an apprentice is
unable to sit for an annual examination because of personal illness or injury
and then satisfactorily passes a deferred examination, the relevant additional
amount will be payable to the apprentice on and from the first pay day after
the date on which the results of that deferred examination are published.
Where State vocational training legislation provides
for proficiency payments to be paid to an apprentice then those provisions will
apply in substitution for the amounts in clause (o) above.
Proficiency payments are not payable to adult
apprentices.
(p) Adult
Apprentices
Where a person was employed by an employer in the
printing industry immediately before becoming an adult apprentice with that employer,
such person must not suffer a reduction in actual rate of pay by virtue of
becoming indentured.
Subject to the above paragraph, the minimum wages of an
adult apprentice, including the wages of probationers for apprenticeship, will
be the percentage set out below of the wage of an employee working at the rate
prescribed for group level 5 for the area in which they are employed:
Adult Apprentices
|
Percentage
|
First Year
|
82
|
Second Year
|
87
|
Third Year
|
92
|
Fourth Year
|
100
|
Where an adult apprentice has been adjudged by the
Apprenticeship Authority in accordance with the requirements of the NSW
legislation to have gained sufficient theoretical and practical knowledge the
apprentice will be deemed, for the purposes of calculating the appropriate wage
rate, to have completed the period advanced.
An adult apprentice who is engaged on day release
training may only be employed on day work during their periods of attendance at
day release.
An adult apprentice who is engaged on block release
training may be employed on day work or shift work.
4. Renumber
clause 49, Area, Incidence and Duration, to read as clause 50 and insert the
following new clause 49:
49. Dispute
Settlement Procedure
In the event of a dispute arising in the workplace the
procedure to be followed to resolve the matter will be as follows:
The employee and their supervisor will meet and confer
on the matter. The employee may appoint
another person to assist them, including the union delegate.
Subject to this clause, where the delegate is involved
the delegate must be allowed the necessary time during working hours to
interview employee(s) and the supervisor.
If the matter is not resolved at such a meeting, the
parties will hold further discussions between the employee and their nominated
representative, if any, (including a State union official or their nominee) and
more senior levels of management. The
employer may also invite into discussions an officer of the employer
organisation to which they belong.
The delegate and where appropriate, the affected
employee(s) must be allowed at a place designated by the employer a reasonable
period of time during working hours to interview the duly accredited Union
Officials of the Union to which they belong.
The parties will at all times confer with out delay.
If the matter cannot be resolved, it may be referred to
the Commission.
While the parties attempt to resolve the matter, work
will continue as normal unless an employee has a reasonable concern about an
imminent risk to their health and safety.
5. Delete Table
4 - Juniors, of Part B Monetary Rates.
6. This
variation shall take commence from the first pay period to commence on or after
8 March 2002.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.