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New South Wales Industrial Relations Commission
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PRINTING INDUSTRY (STATE) AWARD
  
Date08/16/2002
Volume335
Part6
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C1230
CategoryAward
Award Code 229  
Date Posted08/15/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(229)

SERIAL C1230

 

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.

 

 

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