BUTTON MAKERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Textile Clothing and Footwear Union of New South Wales, industrial organisation
of employees.
(No. IRC 3945 of 2002)
|
Before Commissioner
Bishop
|
23 August 2002
|
AWARD
PART A
PART 1
APPLICATION
AND OPERATION OF AWARD
1.
Title
This award shall be known as the Button Makers (State)
Award.
2. Arrangement
PART A
PART 1 - APPLICATION AND OPERATION OF AWARD
Clause No. Subject Matter
1. Title
2. Arrangement
3. Transmission
of business
4. DEFINITIONS
PART
2 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
5. Anti-Discrimination
6. Dispute Settling Procedure
PART 3 - EMPLOYER AND
EMPLOYEE’S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
7. Termination
of Employment
8. Terms of
Employment
9. Regular
Part Time Employment
10. Casual
Employees
11. Redundancy
PART 4 - WAGES AND
RELATED MATTERS
12. Rates of
Pay
13. Skill
Levels
14. Mixed
Functions
15. Junior
Rates Of Pay
16. Proportion
Of Juniors
17. Payment Of
Wages
18. Deductions
From Wages
19. Payment By
Results
20. Allowances
21. Superannuation
22. Supported
Wage
PART 5 - HOURS OF
WORK, BREAKS, OVERTIME
23. Hours of
Work and Penalty Rates for Ordinary Time
24. Shifts
25. Implementation
of 38-Hour Week
26. Procedures
For In-Plant Discussions
27. Meal
Breaks, And Rest Periods
28. Overtime
PART 6 - LEAVE OF
ABSENCE AND PUBLIC HOLIDAYS
29. Annual
Leave
30. Sick Leave
31. Personal/Carer’s
Leave
32. Bereavement
Leave
33. Public
Holidays
34. Payment
For Work Done On Holidays
35. Sunday
Work
36. Parental
Leave
PART 7 -
MISCELLANEOUS
37. Lockers
38. Notice
Board
39. Damage To
Clothing And Physical Aids
40. Shop
Stewards And Representatives
41. Trade
Union Training Leave
42. Jury
Service
43. Blood
Donors
44. Attendance
At Hospital
45. Accident
Pay
PART 8 - AWARD
COMPLIANCE AND RELATED MATTERS
46. Time Book,
Sheet Or Records
47. Entry And
Inspection By Officers Of Industrial Organisations
48. Workplace
Consultation
49. Posting Of
Award
50. Long
Service Leave
51. Amenities
52. Disability
Allowance
53. Area,
Incidence And Duration
PART B
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
3.
Transmission of Business
3.1 Where a business is before or after the
date of this award, transmitted from an employer (in this subclause called
"the transmittor") to another employer (in this subclause called the
"transmittee") and an employee who at the time of such transmission
was an employee of the transmittor in that business becomes an employee of the
transmittee:
3.1.1 the continuity of the employment of the
employee shall be deemed not to have been broken by reason of such
transmission; and
3.1.2 the period of employment which the employee
has had with the transmittor or any prior transmittor shall be deemed to be
service of the employee with the transmittee.
3.2 In this subclause "business"
includes trade, process, business or occupation and includes part of any such
business and "transmission" includes transfer, conveyance, assignment
or succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
4.
Definitions
4.1 "Weekly Employee" means an
employee other than a casual employee.
4.2 "Full-time Employee" means a
weekly employee who is engaged to work for an average of 38 hours or more per
week.
4.3 "Part-time Employee" means a
weekly employee who is engaged by a particular employer on a regular and
systematic basis for a sequence of periods of employment and who is engaged to
work an average of less than 38 hours per week but more than nineteen hours per
week and receives entitlements on a pro-rata basis.
4.4 "Casual Employee" means an
employee who is engaged and paid as such but does not include employees within
the definition of part time employee as defined in this clause.
4.5 "Ordinary rate or ordinary rate of
pay" shall mean the appropriate rate set out in clause 12.
4.6 "Ordinary pay" in relation to
any employee means the remuneration for the employee’s normal weekly number of
ordinary hours of work calculated at the ordinary rate of pay and in addition
shall include penalty rates relating to ordinary hours of work, but shall not
include overtime.
4.7 "Union" means The Textile
Clothing and Footwear Union of New South Wales, an industrial organisations of
employees, registered pursuant to the Industrial
Relations Act 1996.
4.8 "Continuous Service" means
service under an unbroken contract of employment and includes:
4.8.1 any period of leave taken in accordance
with this award; and
4.8.2 any period of leave or absence authorised
by the employer or by an employment agreement; and
4.8.3 any period of leave or absence on account
of illness, disease or injury.
4.8.4 any
interruption or termination of employment by the employer, if such interruption
or termination has been made merely with the intention of avoiding the
employer's obligations hereunder in respect of leave of absence;
4.8.5 any absence
with reasonable cause, proof whereof shall be upon the employee.
PART
2
COMMUNICATION, CONSULTATION AND DISPUTE
RESOLUTION
5.
Anti-Discrimination
5.1 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 in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity age and responsibilities as a
carer.
5.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps 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 or operation, has a direct
or indirect discriminatory effect.
5.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
5.4 Nothing in
this clause is to be taken to affect:
5.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
5.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
5.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56 of the Anti-Discrimination Act
1977;
5.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
5.5 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.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) 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 conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
6.
Dispute Settling Procedure
6.1 Where an
employee or the shop steward has submitted a request or complaint concerning
any matter directly connected with employment or job conditions to a foreman or
a more senior representative of management and has not received satisfaction
the employee may refer the matter to a shop steward or, if the matter has been
raised by a shop steward, he or she may refer the matter to the appropriate
executives of the employer concerned.
6.2 The matter
shall be discussed between the shop steward and the appropriate executive.
6.3 If the matter
is not settled between the shop steward and the appropriate executive of the
employer, the matter shall then be referred by the shop steward to the
Secretary of the Union and a meeting shall be arranged between the employer
and, if the employer so desires, his Association and the Union and a conference
shall take place as soon as practicable.
6.4 If the matter
remains unresolved, it may be referred to the Industrial Relations Commission of
New South Wales.
6.5 Where the
above procedures are followed work shall continue normally. No party shall be
prejudiced as to the final settlement by the continuance of work in accordance
with this subclause.
6.6 This clause
shall not apply to any dispute as to a bona fide safety issue.
PART
3
EMPLOYER AND EMPLOYEE’S DUTIES, EMPLOYMENT
RELATIONSHIP AND RELATED ARRANGEMENTS
7.
Termination of Employment
7.1 Notice of
termination by Employer
7.1.1 In
order to terminate the employment of a full-time or part-time employee the
employer shall give to the employee the period of notice specified below.
|
Period of
Continuous Service
|
Period of Notice
|
|
1 year or less
|
1 week
|
|
Over 1 year and up to the completion of 3 years
|
2 weeks
|
|
Over 3 years and up to the completion of 5 years
|
3 weeks
|
|
Over 5 years
|
4 weeks
|
7.1.2 In addition to
the notice in clause 7.1.1 hereof, employees over 45 years of age at the time
of the giving of the notice with not less than two years continuous service,
shall be entitled to an additional weeks’ notice.
7.1.3 Payment in lieu
of the notice will be made if the appropriate notice period is not required to
be worked. Employment may be terminated
by the employee working part of the required period of notice and by the
employer making payment for the remainder of the period of notice.
7.1.4 In calculating
any payment in lieu of notice, the wages an employee would have received in
respect of the ordinary time that would have been worked during the period of
notice had the employment not been terminated, shall be used.
7.1.5 The period of
notice in this clause shall not apply in the case of dismissal for conduct that
justifies instant dismissal, or in the case of casual employees, apprentices,
or employees engaged for a specific period of time or for a specific task or
tasks.
7.1.6 Notice given
not later than 10:00 am on any day shall be regarded as a full day’s notice,
otherwise a further day’s notice is required.
7.1.7 When employment
is terminated by an employer, the employer shall, upon the date of such
termination, pay to the employee all monies due to him or her. When employment
is terminated by an employee in accordance with the terms of this award the
employer shall, upon the date of termination, pay the employee all monies due
to him or her.
7.1.8 An employee
shall not be given notice or dismissed, except for misconduct, whilst
legitimately absent from duty on accrued sick leave or on annual leave, and the
days on which an employee is absent from duty on account of such sick leave or
annual leave shall not be counted as within a working week's notice for the
purpose of this award, unless, in the case of sick leave, an employee had been
given notice prior to the employer being informed that paid sick leave was to
be taken. Alternatively, an employee shall not be entitled to give an employer
notice while absent on account of paid sick leave and paid annual leave.
7.2 Notice of Termination
by Employee
7.2.1 The notice of
termination, required to be given by an employee shall be the same as that
required of an employer, save and except that there shall be no additional
notice based on the age of the employee concerned.
7.2.2 If an employee
fails to give notice, the employer has the right to withhold monies due to the
employee to a maximum amount equal to the ordinary time rate of pay for the
period of notice.
7.3 Time off Work
during the Period of Notice
Where an employer has given notice of termination to an
employee, the employee shall be allowed up to one day’s time off without loss
of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the
employee after consultation with the employer.
7.4 Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the classification
of or the type of work performed by the employee.
8.
Terms of Employment
8.1 Contract of
Employment -
8.1.1 An employee, to
become entitled to payment under this award, shall be ready, willing and
available for work at the times and during the hours usually worked by him/her.
8.1.2 Provided that
any employee starting work shall be entitled to at least one half day's pay and
any pieceworker to one day's work.
8.2 Other Terms of
Employment -
8.2.1 In the event of
the work of the factory or section of the factory or workshop being stopped by
a breakdown of machinery or for any cause for which the employer cannot
reasonably be held responsible other than on account of lack of orders and/or a
shortage of material, all weekly employees who present themselves for work
shall be found work for that day or paid one day's wages in lieu thereof. However, an employer may, when such causes
occur, give notice to an employee that their services will not be required on
the following day or days, and the employee shall not be entitled to any
further payment in respect of any further days that they are out of employment
by reason of such causes.
Provided that, for any day upon which an employee
cannot be usefully employed because of any strike or lockout by any persons
whatsoever, or any failure or lack of power arising away from the premises of
the employer, or any restriction or shortage of power for which an employer
cannot justly be held responsible, all weekly employees who are required to
attend for work and do so attend on that day shall be paid a minimum of two
hours' pay at ordinary rates. If required to perform work or remain at work for
longer than two hours, payment shall be made at ordinary rates for all time
standing by and time worked.
8.2.2 During the
first two weeks of employment, the services of an employee may be terminated by
the giving of one hour's notice by either the employer or the employee, or by
the payment or forfeiture of one hour's pay in lieu of notice. Provided that,
after the first day and during the balance of the first two weeks of an
employment, where on any day the employer terminates the services of an
employee other than for malingering, neglect of duty or misconduct, the
employer shall be required to pay the employee not less than a day's pay for
that day.
8.2.3 No employee
shall, without just cause, be absent from their employment during the
prescribed hours whilst there is work ready to be done by them, and the
employee must be available, ready and willing to work on the days and during
the hours fixed by this award.
8.2.4 An employee not
attending for duty shall, except as provided in clause 30, Sick Leave, lose
their pay for the actual time of such non attendance.
8.2.5 Where at least
90 per cent of the employees in a factory, workshop or section reach agreement
with an employer, and with the assent of the Union, to take a period of leave
of absence without pay on the working day before or after a public holiday, the
employer shall be entitled to stand down without pay for that day the remaining
employees in such factory, workshop or section.
9.
Regular Part-Time Employment
9.1 A part-time
employee is an employee who is a day or shift worker and:
9.1.1 works less than
full-time hours of 38 hours per week but not less than 19 hours per week; and
9.1.2 has regular
hours and regular days of work; and
9.1.3 receives on a
pro-rata basis, equivalent pay and conditions of those full-time employees who
do the same kind of work.
9.2 A part-time
employee may be employed in any skill level of this award.
9.3 At
the time of engagement the employer and part-time employee will agree in
writing on a regular pattern of work, specifying at least the hours worked each
day, which days of the week the employee will work and the actual starting and
finishing times each day.
9.4 Any
variation to the regular pattern of work must be expressed in a manner which
enable proposals to be understood by the employee/s and the agreement reached
must be in writing and in addition the agreement must be recorded in the time
and wages record kept by the employer in accordance with clause 46.
9.5 An employer is
required to roster a part-time employee for a minimum of three consecutive
hours on any shift.
9.6 All time
worked in excess of the hours mutually agreed in accordance with subclauses 9.3
and 9.4 will be overtime and paid for at the rates prescribed in clause 28.
9.7 A part-time
employee must be paid at least:
9.7.1 if time
workers:
(a) at the rate of
1/38 of the weekly wage prescribed for the appropriate skill level for the work
performed; or
9.7.2 If payment by
results workers:
(a) at the
appropriate payment by results system rate in accordance with 19 - Payment by
Results, provided that the payment is not less than the hourly rate for their
skill level for the time worked.
9.7.3 When
calculating an employee’s pro rata entitlement to annual leave and sick leave,
they must be paid in proportion to the average number of hours worked in the
previous 6 months. If there is not a 6
month period of employment then the calculation will be based on the average
number of hours worked each week for the actual period of employment.
9.7.4 Where a
part-time employee works on a public holiday payment shall be calculated in
accordance with subclause 34.1
10.
Casual Employees
10.1 A casual
employee is an employee who is engaged in work of a casual, irregular or
intermittent nature, but does not include an employee who could properly be
classified as a full-time or part-time employee.
10.2 A casual
employee will be engaged by the hour.
10.3 An employee
will not be engaged as a casual employee to avoid any obligations of this
award.
10.4 A casual
employee will be paid per hour 1/38th of the weekly award wage prescribed for
the relevant classification plus a loading of 20%. This payment will compensate
for payment of sick leave, annual leave and public holidays.
10.5 On each
occasion a casual employee is required to work, he/she is entitled to a minimum
payment for 3 hours work.
10.6 Casual
employees are entitled to penalty payments for overtime, shiftwork and work on
public holidays in accordance with the provisions of this award as they apply
to weekly employees.
10.7 Casual
employees must be paid at the end of each day, but may agree to be paid weekly.
10.8 Casual
employees are entitled to Superannuation Payments in accordance with Clause 21
- Superannuation.
10.9 Employment can
be terminated by either the giving of one hour’s notice by either party or the
payment or forfeiture of one hours wages.
11.
Redundancy
11.1
11.1.1 This
clause shall apply in respect of full-time and part-time employees as defined
in clause 4, Definitions.
11.1.2 This
clause shall apply in respect to employers who employ 15 employees or more
immediately prior to the termination of employment of employees, in the terms
of subclause 11.4, Termination of Employment.
11.1.3 Notwithstanding anything
contained elsewhere in this award, this award shall not apply to employees with
less than one year's continuous service, and the general obligation on
employers shall be no more than to give such employees an indication of the
impending redundancy at the first reasonable opportunity, and to take such
steps as may be reasonable to facilitate the obtaining by the employees of
suitable alternative employment.
11.1.4 Notwithstanding anything
contained elsewhere in this award, this award shall not apply where employment
is terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks or where employment is terminated due to the
ordinary and customary turnover of labour.
11.2 Introduction of change
11.2.1 Employer's
duty to notify
(a) Where
an employer has made a definite decision to introduce major changes production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this Award makes provision for
alteration of any of the matters referred to in this clause, an alteration
shall be deemed not to have significant effect.
11.2.2 Employer's
duty to discuss change
(a) The
employer shall discuss with the employees affected and the union to which they
belong, inter alia, the introduction of the changes referred to in paragraph
11.2.1, the effects the changes are likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees, and shall
give prompt consideration to matters raised by the employees and/or the union
in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph 11.2.1.
(c) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
11.3 Redundancy
11.3.1 Discussions
before terminations
(a) Where
an employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph
11.2.2 (a), and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the union to which they belong.
(b) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of paragraph (a) and
shall cover, inter alia, any reasons for the proposed terminations, measures to
avoid or minimise the terminations and measures to mitigate any adverse effects
of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to
disclose confidential information the disclosure of which would adversely
affect the employer.
11.4 Termination
of Employment
11.4.1 Notice for
changes in production, programme, organisation or structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure, in
accordance with paragraph 11.2.1 (a):
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of continuous service
|
Period of notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payments in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
11.4.2 Notice for
technological change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with paragraph 11.2.1(a).
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
11.4.3 Alternative
Employment - An employer, in a particular redundancy case, may make application
to the Industrial Relations Commission of New South Wales to have the general severance
pay prescription varied if the employer obtains acceptable alternative
employment for an employee.
11.4.4 Time
off during the notice period
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
11.4.5 Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the employer until the expiry of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
11.4.6 Statement
of employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
11.4.7 Notice
to Centrelink - Where a decision has been made to terminate employees the
employer shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
11.4.8 Employment
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
11.5 Severance Pay
11.5.1 Where
an employee is to be terminated pursuant to subclause 11.4, subject to further
order of the Industrial Relations Commission of New South Wales, the employer
shall pay the following severance pay in respect of a continuous period of
service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 Years of
Age
|
|
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
45 Years of Age and
Over
|
|
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances.
11.5.2 Incapacity
to pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of
severance pay than that contained in paragraph 11.5.1. The Commission shall have regard to such
financial and other resources of the employer concerned as the Commission
thinks relevant, and the probable effect paying the amount of severance pay in
paragraph 11.5.1 will have on the employer.
part
4
WAGES AND RELATED MATTERS
12. Rates of Pay
12.1 The
minimum rates of pay for a week of 38 hours shall be as set out in Table 1 -
Rates of Pay, of Part B - Monetary Rates.
12.2 State Wage Case
2002
The rates of pay in this award include the adjustments
payable under the State Wage Case 2002.
These adjustments may be offset against:
(a) any equivalent
overaward payments;
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
13.
Skill Levels
13.1 Skill Level 1 -
(a)
(i) This level
will include new employees, engaged as trainees. An employee may be employed as a trainee for a period of no more
than three months to achieve a level of Skill level 2. Once the employee has completed their
training they must be advanced and paid at the appropriate skill level relevant
to the skill level 2 employees. An
employer may advance a trainee prior to the completion of the three months if
the employee is competent (i.e., passes competency test).
(ii) This level
will also include new employees on essentially manual duties.
(b) An employee
who is undertaking up to 3 months induction training may have the following
included:
information on the enterprise;
conditions of employment;
introduction to supervisors and fellow workers;
training and career path opportunities;
print layout;
work and documentation procedures;
occupational health and safety;
equal employment opportunity;
quality control/assurance.
An employee engaged to remain working at this level
performs duties essentially of a manual nature and to the level of his/her
training:
(1) performs
general labouring and cleaning duties;
(2) exercises
minimal judgement;
(3) works under
direct supervision.
13.2 Skill Level 2 -
Core Skills -
(1) Works to
established standards under supervision but may exercise discretion within
defined procedures.
(2) Detects errors
and independently takes appropriate action.
(3) Suggests
improvement to and/or decisions which will improve quality
standards/specifications.
(4) Applies Occupational
Health and Safety principles to protect self and fellow workers.
(5) Identifies and
assesses work procedures daily and weekly to ensure compliance with provided
specifications and the purpose for which they are used in work area(s).
(6) Skill level 2
will effectively cover the majority of employees in the identified work areas
of:
pick/pack and despatch of customers orders;
packaging of company products;
bulk button storage of company products;
receiving, checking in storage of company products,
and requires that they may be adequately trained in
work procedures pertaining to all the areas covered by this skill level.
Explains documents, information and procedures and/or
explains information in respect to weights and measurements to other workers.
Records detailed information on production inventory
quality indicators as required and which may include varied keyboard
operations.
13.3 Skill Level 3 -
Core Skills - An employee appointed in this capacity
performs work to the level of their training and:
(1) Understands
and is responsible for their own quality control.
(2) Possesses an
adequate level of interpersonal and communication skills.
(3) Has a sound
working knowledge of all warehousing and storing duties performed at levels below
this skill level, exercises discretion within scope of this skill level, and
has a good knowledge of the employer's products.
(4) Is trained in
and responsible for observance of Occupational Health and Safety standards and
recommends improvements.
(5) May perform
work requiring minimal supervision, either individually or in a team
environment.
(6) Is competent
to perform the following tasks/duties:
able to operate appropriate
materials handling equipment, e.g., fork lift, mobile crane, carousel, etc.;
where appropriate, accredited
by the company to drive a company owned vehicle in carrying out duties for
which it is necessary to drive a vehicle;
routine maintenance of stores
equipment or machinery.
(7) May be able to
perform clerical duties and handle cash transactions associated with company
work flow procedures.
(8) May also be
responsible for quality control of the work of other employees doing similar
work without being responsible for their direction.
13.4 Skill Level 4 -
Core Skills -
(1) Supervises
other employees and operates substantially independently.
(2) Uses all of
the skills listed in Skill Levels 2 and 3.
(3) Monitors the
quality and performance of the process in the application of quality control standards
and recommends improvements to employees or work groups.
(4) Is trained in
and responsible for observance of Occupational Health and Safety standards and
recommends improvements.
(5) Possesses a
knowledge of products produced, packaged and stored, dyes and chemicals,
product structure and design and the ancillary processes connected with the
different types of processes to which they apply their skills.
(6) As required,
records detailed information on production and quality indicators which may
include independent and varied keyboard operation and basic analysis. Recommends improvements.
(7) Uses the
specialist skills acquired in their training programme but, in training to this
level of specialised skills, the training period required may be extended until
such time as a satisfactory level of skill is achieved and proficiency testing
undertaken.
13.5 Skill Level 5 -
Core Skills -
(1) Uses all the
skills listed in Skill Levels 3 and 4 and is engaged in maintenance, mechanical
adjustments, assembling, dismantling, replacement of parts, and is able to make
and install attachments and to use all tools commonly used in the industry and
setting of different types of machines for their correct and efficient
operation, and all things incidental thereto.
(2) Uses
mechanical trades skills to diagnose, repair, set and maintain types of
machines.
(3) Plans,
schedules and carries out preventative maintenance as required.
(4) Performs
non-trades tasks incidental to their work as required.
(5) Operates in a
substantially independent way.
(6) Provides
on-the-job and other instructions required for trade training.
(7) Competent to
operate all machine types which he/she applies his/her trade skills.
(8) Supervisory
duties.
13.6 Skill Level 6 -
Core Skills -
(1) Uses the
specialist skills acquired in company training programmes and has competent
understanding of Skill Levels 1 through to 5.
(2) May possess a
knowledge of products, dyes and chemicals, product structure and design and the
ancillary processes connected with the different types of processes to which
they apply their skills.
(3) Operates in a
substantially independent way.
(4) Able to use a
computer to aid in production and ancillary skills.
(5) Makes
decisions which may have a significant effect on the results of a production
orientated department.
(6) Supervisory
duties consistent with the personnel and operational control of a department.
13.7 Skill Level 7 -
Core Skills -
(1) Uses
specialist skills acquired in training programmes.
(2) May be
qualified to plan and implement training manuals and procedures.
(3) May possess a
knowledge of products, dyes and chemicals, product structure and design and the
ancillary processes connected with the different types of processes to which
they apply their skills.
(3) Operates in a
substantially independent way.
(5) Able to use a
computer to aid in production or distribution and ancillary skills.
(6) Makes
decisions which may have a significant effect on the methods, performance and
results of a number of support departments.
(7) Supervisory
duties consistent with the personnel and operational control of a department
and the ability to ensure the systematic performance of company work flow
procedures for supply, production and distribution of company products.
13.8 Ancillary Skill
Level classifications -
13.8.1 Forklift
Driver and Motor Tow Driver - Rates of Pay - The rates of pay for forklift
drivers and motor tow drivers shall be the rate of pay for skill level 3 in
Table 1 - Rates of Pay of Part B, Monetary Rates.
13.8.2 Pedestrian
Forklift Operator - Rates of Pay - Pedestrian Forklift Operator means an
employee operating from a standing position adjacent to a self-powered forklift
appliance with which loads are handled, either solely or by means of forks or
tines mounted on a sliding carriage, or a vertical or near vertical mast, or by
such means together with the use of a jib, ram, grab or other attachment. This definition specifically excludes
stillage trucks or other appliances designed to lift or move a pallet or
pallets within 30cm of floor level.
(a) When any
pedestrian forklift is used for loading or unloading of vehicles or trucks the
operator of such pedestrian forklift shall be paid $5.90 less than the rate of
pay for skill level 3 in Table 1 - Rates of Pay Part B, Monetary Rates.
13.8.3 High
Rise Stacker Operator - Rates of Pay - High Rise Stacker Operator means an
operator of a device known as a high rise stacker where both the operator and
the lift send with the load above the floor level of up to 12 metres.
A high rise stacker operator in addition to being a
qualified forklift driver will have undertaken additional training and be
qualified to operate a high rise stacker in accordance with the State Act. The rates of pay of the High Rise Stacker
Operator shall be $14.60 more than the award rate of pay for Skill Level 3 of
Table 1 - Rates of Pay of Part B, Monetary Rates.
14.
Mixed Functions
An employee engaged for more than one-half of the day or
shift on duties under this or any other award or determination or industrial
agreement carrying a higher rate than his or her classification shall be paid
the higher rate for such day or shift. If for less than one-half of one day or
shift, he or she shall be paid the higher rate for the time so worked.
15.
Junior Rates of Pay
15.1 The minimum rates to be paid to juniors
shall be the following percentages of the weekly wage for Skill level 2 as set
out in Table 1 - Rates of Pay of Part B, Monetary Rates:
|
|
Percentage
|
|
|
Per week
|
|
At 16 years of age and under
|
50
|
|
At 16½ years of age
|
55
|
|
At 17 years of age
|
59
|
|
At 17½ years of age
|
64
|
|
At 18 years of age
|
69
|
|
At 18½ years of age
|
75
|
|
At 19 years of age
|
80
|
|
At 19½ years of age
|
85
|
|
At 20 years of age and over -
|
Appropriate adult
rate.
|
15.2 The total wage
shall be calculated to the nearest 5 cents; any fraction of 5 cents in the result
not exceeding 2 cents to be disregarded.
15.3 Changes in
rates shall be effective from the beginning of the first pay period to commence
after the attainment of the prescribed age.
15.4 A junior
employee after three years' experience in the industry or upon attaining the
age of 20 years shall be paid the appropriate rate prescribed for an adult
employee in the classification in which he or she is employed.
16.
Proportion of Juniors
16.1 In any factory
the proportion of juniors employed shall not exceed two to each employee
receiving not less than the minimum adult rate. In determining the proportion of juniors to employees receiving
the adult rate each shift shall be taken into account separately.
17.
Payment of Wages
Wages shall be paid as follows:
17.1 Employees who
actually work 38 ordinary hours each week - In the case of an employee whose
ordinary hours of work are arranged in accordance with paragraphs 25.1.1 and
25.1.2 so that the employee works 38 ordinary hours each week, wages shall be
paid weekly, fortnightly or monthly according to the actual ordinary hours
worked each week, fortnight or month.
17.2 Employees
who work an average of 38 ordinary hours each week - In the case of an employee
whose ordinary hours of work are arranged in accordance with paragraphs 25.1.3
and 25.1.4, so that the employee works an average of 38 ordinary hours each
week during a particular work cycle, wages shall be paid weekly, fortnightly or
monthly, according to a weekly average of ordinary hours worked even though
more or less than 38 ordinary hours may be worked in any particular week of the
work cycle.
Special Note: Explanation of Averaging System - As
provided in this subclause, an employee whose ordinary hours may be more or
less than 38 in any particular week of a work cycle, is to be paid wages on the
basis of an average of 38 ordinary hours so as to avoid fluctuating wage
payments each week. An explanation of
the averaging system of paying wages is set out below:
17.2.1 Clause
25, provides that in implementing a 38-hour week the ordinary hours of an
employee may be arranged so that the employee is entitled to a day off, on a
fixed or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would
apply.
17.2.2 If
the 38-hour week is to be implemented so as to give an employee a day off in
each work cycle this would be achieved if, during a work cycle of 28
consecutive days (that is, over four consecutive weeks) the employee's ordinary
hours were arranged on the basis that for three of the four weeks they worked
40 ordinary hours each week and in the fourth week the employee worked 32
ordinary hours.
In such a case the averaging system applies and the
weekly wage rates for ordinary hours of work applicable to the employee shall
be the average weekly wage rates set out for the employee's classification in
clause 12 and shall be paid each week even though more or less than 38 hours
are worked that week. In effect, under
the averaging system, the employee accrues a credit each day the employee works
actual ordinary hours in excess of the daily average of which would otherwise
be 7 hours 36 minutes. This credit is carried forward so that in the week of
the cycle that the employee works on only four days, the actual pay would be
for an average of 38 ordinary hours even though that week the employee works
only a total of 32 ordinary hours. Consequently, for each day an employee works
eight ordinary hours they accrue a credit of 24 minutes (0.4 hours). The maximum credit the employee may accrue
under this system is 0.4 of an hour on 19 days; that is, a total of 7 hours 36
minutes.
17.2.3 Clause 25, provides that in implementing a 38-hour week an
employee may accrue rostered days off to a maximum of six days. In such cases,
the averaging system as detailed in paragraph 17.3.2 applies.
17.2.4 As provided in subclause 17.3 an employee will not accrue a
credit for each day they are absent
from duty other than on annual leave, long service leave, public holidays, paid
sick leave, accident pay, bereavement leave or jury service. When an employee is absent from duty
because of annual leave, long service leave, public holidays, paid sick leave,
accident pay, bereavement leave or jury service, the entitlement is determined
in accordance with the appropriate award provision dealing with such
entitlements.
17.2.5 Where in establishments the 38-hour week is implemented in
accordance with paragraphs 25.1.3, and 25.1.4 and where payment is made in
accordance with this clause, an employee who works an afternoon or night shift
who is entitled to payment of shift allowance as provided by clause 24, shall
accrue a credit of a shift allowance in direct proportion to the ordinary hours
accrued for the purpose of a rostered day off.
17.3 Absences
from Duty -
17.3.1 An
employee whose ordinary hours are arranged in accordance with paragraphs
25.1.3, and 25.1.4, and who is paid wages in accordance with subclause 17.2 and
is absent from duty (other than on annual leave, long service leave, public
holidays, paid sick leave, accident pay, bereavement leave or jury service)
shall, for each day absent, lose average pay for that day calculated by
dividing their average weekly wage rate by five.
An employee who is so absent from duty for part of a
day shall lose average pay for each hour or part thereof they are absent at an
hourly rate calculated by dividing the average daily pay rate by eight.
17.3.2 Provided
further, when such an employee is absent from duty for a whole day without
payment the employee will not accrue a credit because they would not have
worked ordinary hours that day in excess of 7 hours 36 minutes for which they
would otherwise have been paid.
Consequently, during the week of the work cycle the employee is to work
less than 38 ordinary hours they will not be entitled to average pay for that
week. In that week, the average pay will be reduced by the amount of the credit
the employee does not accrue for each whole day during the work cycle they are
absent.
The amount by which an employee's average weekly wage
will be reduced when absent from duty (other than on annual leave, long service
leave, public holidays, paid sick leave, bereavement leave, jury service or any
stand downs by the employer), is to be calculated as follows:
|
Total of credits not
|
x
|
average weekly pay
|
|
accrued during cycle
|
|
38
|
Examples - An employee's ordinary hours are arranged so
that he works eight ordinary hours on five days of each week for three weeks
and eight ordinary hours on four days of the fourth week.
(a) Employee takes
one day off without authorisation in first week of cycle:
|
Week of Cycle
|
Payment
|
|
1st week
|
=
|
average weekly pay less one day's pay
|
|
|
|
(i.e., less 1/5th)
|
|
|
|
|
|
2nd and 3rd weeks
|
=
|
average weekly pay each week
|
|
|
|
|
|
4th week
|
=
|
average weekly pay less 0.4 hours x
|
|
|
|
|
|
|
|
average weekly pay
|
|
|
|
38
|
(b) Employee takes
each of the four days off without authorisation in the fourth week:
|
Week of Cycle
|
|
Payment
|
|
1st, 2nd and 3rd weeks
|
=
|
average weekly pay each week
|
|
|
|
|
|
4th week
|
=
|
average weekly pay less 4/5th of average
|
|
|
|
weekly pay for the four days absent less total
|
|
|
|
of credits not accrued that week
|
|
|
|
|
|
|
=
|
1/5 th average weekly pay less 4 x 0.4 hours x
|
|
|
|
average weekly pay
|
|
|
|
38
|
|
|
|
|
|
|
=
|
1/5 th average weekly pay less 1.6 hours x
|
|
|
|
average weekly pay less
|
|
|
|
38
|
17.4 In establishments where wages are paid
weekly, fortnightly or monthly (when it is pay week) such payment shall be made
not later than Thursday excepting the Easter Holiday period when wages shall be
paid on the Wednesday prior to Easter; provided that shift workers finishing
work on Friday mornings shall be paid their wages before ceasing work.
17.5 Wages
shall be paid during working hours. Any employee kept waiting for wages beyond
the ordinary working hours shall be paid at overtime rates for such waiting
time.
17.6 The provisions
of subclauses 17.4 and 17.5 shall not have application in circumstances where
it is not reasonably practicable for a Company to comply with its obligations
thereunder on account of causes for which it cannot reasonably be held
responsible. Proof of the existence of
such a circumstance shall be upon the Company. In such circumstances, the
Company shall pay wages as soon as it is reasonably practicable for it to do
so. Provided further that if an
employee is stood down on the normal pay day the employee may collect their
wages without being entitled to a penalty payment for that attendance.
17.7 Where the
services of an employee are terminated their wages shall be paid on the day of
dismissal or forwarded by post on the day arranged in accordance with
paragraphs 25.1.3 and 25.1.4. If the
employee is paid average pay and they have not taken the day or days off due,
during the work cycle in which their employment is terminated, the wages due to
the employee shall include the total of credits accrued during the work cycle
as detailed in the Special Note following subclause 17.2; provided further that
where the employee has taken a day or days off during the work cycle in which
their employment is terminated, the wages due to that employee shall be reduced
by the total of credits which have not accrued during the cycle.
17.8 Not more than
two days pay of each employee shall be kept in hand by an employer.
17.9 Payment of
wages is to be made on the day before a holiday if a holiday falls on the pay
day. Provided that such payment may not
include overtime, piecework and/or bonus earnings earned on the last day
preceding a holiday. These payments may
be made on the subsequent pay day.
17.10 On or prior to
pay day the employer shall notify each employee in writing of:
17.10.1 the
gross amount of wages inclusive of overtime and other earnings;
17.10.2 the
amount paid as overtime or such information as will enable the amount paid as
overtime to be calculated by the employee;
17.10.3 the
amount paid for payment by results work;
17.10.4 the
amount paid for payment for supplementary payment, if applicable;
17.10.5 the
amount paid as shift allowance, if applicable.
17.10.6 details
of make-up of payment made in respect of annual leave when leave is taken or on
termination of employment;
17.10.7 the
amount deducted for taxation purposes;
17.10.8 particulars
of all other deductions;
17.10.9 the
net amount paid; and
17.10.10 the
amount of weekly superannuation contribution paid by the employer each week in
accordance with clause 21 unless some other method has been agreed in writing between
the respondent employer and State Secretary of the Union.
The notice detailing the above particulars shall remain
the property of the employee.
17.11 Where an
employer and a simple majority of employees agree, the employees may be paid
wages by cheque or by direct payment into the employee's bank account without a
requirement for the employer to provide encashment facilities. Any employee who
receives payment of wages through the use of a cheque or any electronic
transfer system shall, if wages are not available for encashment by the
assigned date, be entitled to the following compensation:
17.11.1 Payment
of 7.6 hours at ordinary-time rate of pay for each day of delay in receipt of
wages provided the foregoing shall not apply if any delay due to a problem
outside the employer's or agent's control or responsibility.
17.11.2 This
provision shall only relate to late payment situations and will have no
application where miscalculation of wages and/or allowances have occurred
through clerical error.
17.11.3 The
onus of advising and proving the late payment or entry shall be with the
employee. In any case an employer shall
not be liable for more than 15.2 hours at ordinary rate of pay.
17.12 Wages may be
paid fortnightly or monthly subject to agreement being reached with the
employee.
17.13 Calculation of
Hourly Rate - Except as provided in paragraph 17.3.1 hourly rates shall be
calculated by dividing the appropriate weekly rate by
38.
18.
Deductions from Wages
18.1 Except as
provided in clause 18.2 no deductions shall be made from the wages of any
employee for any purpose except with the written consent of the employee or by
reason of statutory compulsion or any order of a court.
18.2 An employer
shall have the right to deduct from an employee's wages any monies overpaid
through clerical and/or computer error, the method to recover such overpayment
to be mutually agreed between the employer and the employee; provided that
where an employee subsequently leaves or is discharged from the service of the
employer the employer may deduct from whatever remuneration is payable upon the
termination of the employment an amount equal to the amount of overpayment.
19.
Payment By Results
19.1 Commitment to
payment by results - piece work and/or bonus
Parties to this award are committed to the development
of a payment by results system which is compatible with the skills based
classification structures as outlined in clause 13 of this award and which
contributes to the efficiency of the enterprise.
19.2 Operation of
payment by results systems - piece work and /or bonus
An employer may maintain, alter or institute a system
of individual and/or group payment by results subject only to the provisions
and limitations set out in this clause.
19.3 Payment
by results earnings
19.3.1 The
employer must calculate the minute pay rate for each standard time minute by
dividing the total award rate for the appropriate skill level by 2280 wherever
appropriate.
19.3.2 An
employer may depart from paragraph 19.3.1 only with the consent of the relevant
state secretary of the union, or their nominee.
19.3.3 Where
an employer is currently paying a bonus minute rate higher than the above, the
higher rate must continue to be applied and must be increased in accordance
with any variation in the relevant skill level wage rate.
19.3.4 An
employer must calculate the payment by results earnings of an employee in
accordance with paragraphs 19.3.1 or 19.3.3 of subclause 19.3 by multiplying
the minute pay rate by the excess of the standard time produced over real time
worked under payment by results.
19.3.5 An
employer must pay the employee their payment by results earnings calculated in
accordance with paragraphs 19.3.1 or 19.3.3 of subclause 19.3 in addition to
the total award rate appropriate to their skill level.
19.3.6 Where
an employee earns payment by results earnings for work performed in any day,
such earnings must be credited to the employee and must not be reduced because
the employee fails to earn payment by results earnings in any other day.
19.3.7 A
junior employed under clause 15 of this award must have their task set and be
deemed to be producing bonus minutes when they have produced that number of
minutes in proportion to the ordinary daily adult task or number of minutes as
their rate of pay is in proportion to the appropriate adult award rate.
19.3.8 Payment
by results employees must for the period they are employed at their occupation,
be paid the payment by results rates applicable to their skill level and the time
rate for their skill level for any period during which they are prevented from
working at their payment by results rates because of machine breakdown,
shortage of materials or lack of work, or transfer to other duties for which no
payment by results rates are available or at which the operators are
insufficiently skilled to earn in excess of their skill level time rates.
19.3.9 An
employer subject to the provisions of subclause 19.4 may fix or alter a time
standard in respect of any article, provide such time standard is set to enable
adult employees of average capacity in any given period to earn at least 20%
more than the total award rate for their respective skill level.
19.4 Time
standards
19.4.1 An
employer must calculate the time standard allowed for the performance of work
according to the following:
(a) An employer
must consult with the payment by results employees and union representative(s)
prior to the finalisation of any time standard fixed under this clause and must
provide to those employees and the union representative(s) the basis upon which
the payment by results system is calculated, including the appropriate
allowances and the likely weekly earnings on such time standard.
On application by the national secretary or state
secretary of the union, the employer must make available the basis of such a
system.
(b) Once a time
standard has been fixed under this clause, it must not be altered except where
any of the following circumstances occur:-
(i) there is a
change in the manufacturing methods;
(ii) there is a
change in the machines or equipment or materials used;
(iii) to correct an
agreed error in the existing time standard;
(iv) by agreement
between the employer, the payment by results employees, and the union
representative(s)
(c) An employer
must clearly display a copy of the time standard for each payment by results
operation in each work area in each enterprise. The copy of the time standard must be updated within twenty-four
hours of any changes to the time standards.
(d) Once a time
standard has been fixed under this clause, it must be recorded in a register
and signed and dated by the employer and union representative(s)
(e) The employer
must also display in each work area in each enterprise a conversion table to
enable an employee to convert time standards into monetary amounts.
19.5 Where an
employee has worked part of the week on payment by results; they will be
entitled to their earnings in full for the actual time worked on payment by
results if the earnings are higher than the appropriate award rate for such
time.
19.6 As far as
practicable, different grades of work will be equitably divided between payment
by results employees.
19.7 An employee
operating under a piecework system (adult or junior) called upon to perform
work before the usual starting time or after the usual finishing time on any
day Monday to Friday inclusive must be paid in addition to their normal payment
by results.
19.7.1 For
the first three hours on any one of such days - at the rate per hour equivalent
to one-seventy-sixth of the weekly award rate prescribed for an adult employee
employed on the same work;
19.7.2 For
any overtime extending beyond such three hours - at the rate per hour
equivalent to one-thirty-eighth of the weekly award rate prescribed for an
adult employee employed on the same work.
19.8 Training
19.8.1 An
employer implementing a payment by results system under this clause must
provide each employee with appropriate training to ensure that individual
performance is the only variable distinguishing employees within a skill level
in this award.
20.
Allowances
20.1 First-aid
Attendant
An employee who is appointed by the employer as a
first-aid attendant shall be paid an allowance at the rate per week as set in
Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
20.2 Leading Hands
An employee appointed to act as a leading hand shall be
paid, in addition to the highest rate prescribed for employees under his control,
the amount as set in Item 2 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
20.3 Late Travel
When an employee, after having worked overtime for
which they are not regularly rostered, finishes work at a time when the regular
mode of transport or reasonable alternative means of transport is not available
the employer shall pay for a taxi to the employee’s usual place of residence or
pay his ordinary wages for the time reasonably occupied in reaching his home
20.4 Recall Allowance
Unless otherwise agreed an employee recalled to work
for any reason, before or after completing their normal roster or on a day in
which they did not work, shall be paid at the appropriate rate for all hours
worked with a minimum of three hours on each occasion.
The time worked shall be calculated from the time the
employee leaves home until the time they return home.
20.5 Uniforms
If an employer requires an employee to wear a uniform
they shall pay for the provision and cleaning of such uniform .
20.6 Tools of Trade
The employer shall provide all necessary tools for
employees in each workshop or factory.
20.7 Protective
Clothing
Where any person is required to work under wet or dirty
conditions, suitable protective clothing, including footwear, shall be supplied
free of charge by the employer to the employee concerned.
20.8 Instructing a
trainee
An employee who instructs a trainee(s) shall be paid an
allowance at the rate per week as set in Item 3 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
20.9 Shift changing
An employee who is required to change from one shift to
another without two days' notice of such change of shifts shall be paid an
allowance as set out in Item 4 of Table 2 - Other Rates and Allowances of Part
B, Monetary Rates.
20.10 Meal Allowance
20.10.1 Employees
required to work overtime for more than two hours without being notified on the
previous working day or earlier that they will be required to work shall be
paid a meal allowance as set in Item 5 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, and an amount as set in Item 5 of Table 2 for each
subsequent meal. When the employee so requests, such payment shall be made
before the overtime is worked. If the notice is given and overtime is not
worked (except as the result of a breakdown in machinery or plant or due to
reasons beyond the control of the employer) the meal allowance shall be paid.
20.10.2 Irrespective
of whether or not a meal allowance is paid as a result of working overtime a
second meal break shall be taken not later than 4 hours after the completion of
the first meal break where such overtime continues after the second meal break.
20.11 Rounding
Amounts referred to in this clause will be calculated
to the nearest 10 cents, any fraction below 5 cents to be disregarded.
21. Superannuation
21.1 Preamble -
Superannuation Legislation -
21.1.1 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 s.124 of the Industrial Relations Act
1996. This legislation, as varied from time to time, governs the superannuation
rights and obligations of the parties.
21.1.2 Notwithstanding
paragraph 21.1.1, the following provisions shall also apply:
21.2 Definitions -
21.2.1 "The
Fund", for the purposes of this clause, shall mean the:
(a) Australian
Retirement Fund established and governed by a Trust Deed on 11 July 1986, as
may be amended from time to time, and includes any superannuation scheme which
may be made in succession thereto; or
(b) Subject to the
agreement of the Secretary of the Union and its members, an employer- sponsored
fund established prior to 1 July 1987 which complies with the Superannuation Industry (Supervision) Act
1993, and as set out in paragraph 21.7.2.
21.2.2 "Ordinary-time
Earnings" - For the purposes of this clause, all references to
ordinary-time earnings will mean and include:
(a) award skill
level or classification rate;
(b) supplementary
payment (where relevant);
(c) overaward
payment;
(d) shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty, not when worked
as overtime;
(e) payment by
results earnings;
(f) all
non-reimbursable allowances payable under the award.
21.2.3 "The
Table", for the purposes of this clause, means the following table:
|
Financial Year
|
Percentage
|
|
|
Column A
|
Column B
|
|
1992-93 (1 July - 31 December)
|
4
|
3
|
|
1992-93 (1 January - 30 June)
|
5
|
3
|
|
1993-94
|
5
|
3
|
|
1994-95
|
5
|
4
|
|
1995-96
|
6
|
5
|
|
1996-97
|
6
|
6
|
|
1997-98
|
6
|
6
|
|
1998-99
|
7
|
7
|
|
1999-2000
|
7
|
7
|
|
2000-01
|
8
|
8
|
|
2001-02
|
8
|
8
|
|
2002-03 and subsequent years
|
9
|
9
|
(a) Column A in
the table above specifies the charge percentages where the employer's national
payroll for the base year (the 1991-92 financial year) exceeded $1,000,000.
(b) Column B in
the table above specifies the charge percentage where the employer's national
payroll for the base year (the 1991-92 financial year) did not exceed
$1,000,000.
(c) Subject to
amendments to the charge percentages prescribed in the Superannuation Guarantee (Administration) Act 1991 (SGA Act), the
above table is deemed to be changed to reflect amendments.
21.3 Employers to
Become a Party to the Fund -
21.3.1 An
employer shall make application to the fund to become a participating employer
in the fund and shall become a participating employer upon acceptance by the
Trustee of the fund.
21.3.2 An
employer shall provide each employee who is not a member of the fund with a
membership application form upon commencement of this clause and thereafter
upon commencement of employment.
21.3.3 Each
employee shall be required to complete the membership application and the
employer shall forward the completed application to the fund by the end of the
calendar month of commencement of this clause or commencement of employment.
21.4 Eligibility of
Employees -
21.4.1 Each
employee shall be eligible to join the fund upon commencement of employment.
21.4.2 Each
employee shall be eligible to receive contributions from the date of
eligibility, notwithstanding the date the membership application prescribed in
paragraph 21.3.3 was forwarded to the fund.
21.5 Employer
Contributions on Behalf of Each Employee -
21.5.1 An
employer must contribute to the fund in respect of each employee, irrespective
of the age and/or earnings of the employee, such contributions as required to
comply with the Superannuation Guarantee
(Administration) Act 1992 and the Superannuation
Guarantee Charge Act 1992.
Failure to comply with this paragraph shall constitute a distinct and separate
breach of this clause.
21.5.2 Contributions
shall be made monthly and are payable by the last day of the month following,
being the total of the weekly contribution amounts accruing in the previous
month in respect of each employee.
(a) The amount of
contributions to the fund shall be calculated to the nearest ten cents, and any
fraction below five cents shall be disregarded.
21.5.3 The
fund and the amount of contributions paid in accordance with this clause and
subclause 21.6 shall be included in pay advice notices provided by employers to
each employee.
21.5.4 Contributions
shall continue to be paid in accordance with this subclause during any period
in respect of which an employee is entitled to receive accident pay in
accordance with clause 45.
21.5.5 Unpaid
Absences - Except as where specified in the rules of the Fund, contributions by
employers in respect of unpaid absences will be proportional to the wage
received by the employee concerned in a particular pay period. For the purpose
of this clause, each pay period will stand alone.
21.5.6 Cessation
of Contributions - An employer's obligation to make contributions on behalf of
the employee ceases on the last day of employment with the employer.
21.6 Employee
Contributions -
21.6.1 An
employee may make contributions to the fund in addition to those made by the
respondent employer under subclause 21.5.
21.6.2 An
employee who wishes to make additional contributions must authorise the
employer in writing to pay into the fund, from the employee's wages, amounts
specified by the employee in accordance with the fund's Trust Deed and Rules.
21.6.3 An
employer who receives written authorisation from the employee must commence
making payments into the fund on behalf of the employee within 14 days of
receiving the authorisation.
21.6.4 An
employer may vary the additional employee contributions by a written
authorisation and the employer must alter the additional contributions within
14 days of receiving the authorisation. An employee may only vary the
employee’s additional contributions once each month.
21.6.5 Additional
employee contributions to the fund, requested under this subclause, shall be
expressed in whole dollars.
22.
Supported Wage
22.1 This clause
defines the conditions which apply to employees who because of the effects of a
disability are eligible for a supported wage under the terms of this
Award. In the context of this clause,
the following definitions will apply:
22.1.1 'Supported
Wage System' means the Commonwealth Government system to promote employment for
people who cannot work at full Award wages because of a disability, as
documented in "Supported Wage System:
Guidelines and Assessment Process".
22.1.2 'Accredited
Assessor' means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual’s productive capacity within the Supported Wage System.
22.1.3 'Disability
Support Pension' means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security Act 1991, as amended
from time to time, or any successor to that scheme.
22.1.4 'Assessment
Document' means the form provided for under the Supported Wage System that records
the assessment of the productive capacity of the person to be employed under
the Supported Wage System.
22.2 Eligibility
Criteria
Employees covered by this clause will be those who are
unable to perform the range of duties to the competence level required within
the class of work for which the employee is engaged under this Award, because
of the effects of a disability on their productive capacity and who meet the
impairment criteria for receipt of a Disability Support Pension.
(The clause does not apply to any existing employee who
has a claim against the employer which is subject to the provisions of workers'
compensation legislation or any provision of this Award relating to the
rehabilitation of employees who are injured in the course of their current
employment).
The Award does not apply to employers in respect of
their facility, program, undertaking, service or the like which receives
funding under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of or are eligible for a disability
support pension, except with respect to an organisation which has received
recognition under sections 10 or 12A of the Disability Services Act, or if a
part only has received recognition, that part.
22.3 Supported Wage
Rates
Employees to whom this clause applies shall be paid the
appropriate percentage of the minimum rate of pay prescribed by this Award for
the class of work which the person is performing according to the following
schedule:
|
Assessed Capacity
|
% Of Prescribed
Award Rate
|
|
(sub-clause (d))
|
|
|
10*
|
10
|
|
20
|
20
|
|
30
|
30
|
|
40
|
40
|
|
50
|
50
|
|
60
|
60
|
|
70
|
70
|
|
80
|
80
|
|
90
|
90
|
(Provided that the minimum amount payable shall be not
less than $56 per week).
Where a person's assessed capacity is 10 per cent, they
shall receive a high degree of assistance and support.
22.4 Assessment
of Capacity
For the purpose of establishing the percentage of the
Award rate to be paid to an employee under this Award, the productive capacity
of the employee will be assessed in accordance with the Supported Wage System
and documented in an assessment instrument by either:
22.4.1 the
employer and a union party to the Award, in consultation with the employee or,
if desired by any of these;
22.4.2 the
employer and an accredited Assessor from a panel agreed by the parties to the
Award and the employee.
22.5 Lodgement of
Assessment Document
22.5.1 All
assessment documents under the conditions of this clause, including the
appropriate percentage of the Award wage to be paid to the employee, shall be
lodged by the employer with the Industrial Registrar of the Industrial
Relations Commission of New South Wales.
22.5.2 All
assessment documents shall be agreed and signed by the parties to the
assessment, provided that where a union which is party to the Award, is not a
party to the assessment, it shall be referred by the Industrial Registrar to the
union by certified mail and will take effect unless an objection is notified to
the Industrial Registrar within ten working days.
22.6 Review of
Assessment
The assessment of the appropriate percentage should be
subject to annual review or earlier on the basis of a reasonable request for a
review. The process of review must be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
22.7 Other Terms and
Conditions of Employment
Where an assessment has been made, the appropriate
percentage will apply to the wage rate only.
Employees covered by the provisions of the clause will be entitled to
the same terms and conditions of employment as all other workers covered by
this Award paid on a pro-rata basis.
22.8 Workplace
Adjustment
An employer wishing to employ a person under the
provisions of this clause must take reasonable steps to make changes in the
workplace to enhance the employee's capacity to do the job. Changes may involve redesign of job duties,
working time arrangements and work organisation in consultation with other
workers in the area.
22.9 Trial Period
22.9.1 In
order for an adequate assessment of the employee's capacity to be made, an
employer may employ a person under the provisions of this clause for a trial
period not exceeding 12 weeks, except that in some cases additional work
adjustment time (not exceeding four weeks) may be needed.
22.9.2 During
the trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
22.9.3 The
minimum amount payable to the employee during the trial period shall be no less
than $56 per week.
22.9.4 Work
trials should include induction or training as appropriate to the job being
trialled.
22.9.5 Where
the employer and employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract
of employment shall be entered into based on the outcome of assessment under
clause subclause 22.4.
part
5
HOURS OF WORK, BREAKS, OVERTIME
23.
Hours of Work & Penalty Rates for Ordinary Time
23.1 The ordinary
hours of work shall not exceed an average of 38 per week to be worked in any
one of the following forms:
23.1.1 38
hours within a work cycle not exceeding 7 consecutive days; or
23.1.2 76
hours within a work cycle not exceeding 14 consecutive days; or
23.1.3 114
hours within a work cycle not exceeding 21 consecutive days; or
23.1.4 152
hours within a work cycle not exceeding 28 consecutive days.
23.2 The ordinary
hours of work may be worked on any day or all of the days of the week, Monday
to Friday (other than seven-day continuous shift workers)
23.3 The ordinary
hours of work for day workers shall be worked at the discretion of the employer
between the hours of 6.00 a.m. and 6.00 p.m. and by shift workers in not more
than five shifts in accordance with the provisions of clause 24.
23.4 The
ordinary hours of work shall not exceed 10 hours on any day. Provided that in any arrangement of ordinary
working hours where the ordinary working hours are to exceed 8 on any day, the
arrangement of hours shall be subject to the agreement of the employer and the
majority of employees in the plant or section or sections concerned.
23.5 The usual
starting and/or finishing times in any factory or part thereof shall not be
altered except on seven days' notice to the appropriate shop steward or
representative of the Union.
23.6 Where the
ordinary hours of work on any specified day do not exceed 6 hours, these hours
may be worked without a meal break by agreement of the majority of employees
and the employer concerned.
24.
Shifts
24.1 The
following shifts may be worked in the industry:
24.1.1 Day
shift shall mean a shift worked between the hours of 7.00 a.m. and 6.00 p.m.,
provided that in cases where employees are required to work overtime commencing
at 6.00 a.m. for a period exceeding four consecutive weeks they shall be deemed
to be engaged on a morning shift.
24.1.2 Morning
shift shall mean a shift commencing at 6.00 a.m.
24.1.3 Afternoon
shift shall mean a shift finishing after 6.00 p.m. but not later than midnight.
24.1.4 Night
shift shall mean a shift the finishing time of which shall be after midnight
but not later than 8.00 a.m.
24.1.5 Permanent
night shift shall mean a shift which is applicable to an employee who -
(a) during a
period of engagement works night shift only; or
(b) remains on
night shift for a longer period than four consecutive weeks; or
(c) works
on a night shift which does not rotate or alternate with another shift or with
day work so as to give him at least one-third of his working time off night
shift in each shift cycle.
24.1.6 Short
shift shall mean a shift of not less than 20 ordinary working hours per week.
Provided that, to meet extraordinary circumstances, the
foregoing hours may be varied by mutual agreement in writing between the
employer concerned and the secretary of the union.
Provided further that by mutual agreement between the
employer and his employees and with the concurrence of the union, the hours of
duty prescribed for a "night shift" worker may be worked in four
shifts. Under any such arrangement, all hours of duty beyond nine hours, even
if they come within the starting and finishing time of a shift, shall be paid
for at overtime rates.
24.2 Junior workers
24.2.1 Employees
under the age of eighteen (18) shall not work after 11:00 pm.
24.2.2 Employees
under the age of sixteen (16) shall not work before 7:00 am.
24.3 Shift Penalties
24.3.1 The
following shift penalty rates shall be paid to all employees:
|
Day Shift
|
The ordinary rate of pay
|
|
Morning shift
|
The ordinary rate of pay plus 15%
|
|
Afternoon shift
|
The ordinary rate of pay plus 15%
|
|
Night shift
|
The ordinary rate of pay plus 15%
|
|
Permanent night shift
|
The ordinary rate of pay plus 30%
|
|
Short shift
|
The ordinary rate of pay plus 15%
|
24.4 As far as practicable,
employees shall work shifts in rotation.
24.5 Except for the
regular changeover of shifts, no employee shall be required to change from one
shift to another without a break of at least twelve hours.
24.6 Shifts worked
on weekends
24.6.1 All
time worked by a shift worker between midnight on Sunday and 7.00 a.m. on
Monday shall be paid for at the rate of time and one-half for the first three
hours and double time thereafter.
24.6.2 Starting
the week's hours on a Sunday night any employee who is employed on a Sunday
shall, for all time worked on that day, be paid at the rate of double time.
Provided that where, by mutual agreement between an employer and his employees
and with the consent of the union, shifts are rearranged to commence on Sunday
instead of Monday, ordinary rates shall be paid for Sunday work.
24.7 Shift workers
may be required to work until the completion of their shifts on holidays
without the payment of holiday rates, provided they are not required to work on
the night shift commencing on a holiday. Where a holiday prescribed by this
award is observed on a Monday, shift workers may be given time off on the
shifts commencing on the Sunday night preceding a holiday and in such event
shall be required to work on the usual night shift commencing on the holiday
without additional pay.
Provided further that where an employee works two
complete shifts on a holiday, both shifts shall be paid for as holiday shifts.
25.
Implementation of 38 Hour Week
25.1 Except as
provided in subclauses 25.3 and 25.4, the method of implementation of the
38-hour week may be any one of the following:
25.1.1 by
employees working less than 8 ordinary hours each day; or
25.1.2 by
employees working less than 8 ordinary hours on one or more days each week; or
25.1.3 by
fixing one day on which all employees will be off during a particular work
cycle; or
25.1.4 by
rostering employees off on various days of the week during a particular work
cycle so that each employee has one day off during that cycle.
25.2 In each plant,
an assessment should be made as to which method of implementation best suits
the business and the proposal shall be discussed with the employees concerned.
Subsequently, such method may be altered by mutual agreement.
25.3 Subject
to the provisions of 23.4, the employer and the majority of employees in the
plant or section or sections concerned may agree that the ordinary working
hours are to exceed 8 on any day, thus enabling a day off to be taken more
frequently than would otherwise apply.
25.4 Circumstances
may arise where different methods of implementation of a 38-hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
25.5 Notice of Day
Off:
25.5.1 Except
as provided in subclause 25.6, in cases where by virtue of the arrangement of
his ordinary working hours an employee, in accordance with subclauses 25.1.3
and 25.1.4, is entitled to a day or days off during his work cycle, such
employee shall be advised by the employer at least four weeks in advance of the
day or days he is to take off.
25.5.2 Where
a system of working is adopted to allow one rostered day off in each four-week
cycle or the banking of rostered days off an employee shall not be entitled to
more than 12 such rostered days off in any 12-month period.
25.6 Substitute
Days - The day or days scheduled to be the day or days off in accordance with
subclauses 25.1.3 and 25.1.4, may be worked as an ordinary working day or days
without penalty when substituted by another day or days by agreement between
the employer and the employee concerned or, where a number of employees are
concerned, by agreement between the employer and the majority of the employees.
26.
Procedures for in-Plant Discussions
26.1 Procedures
shall be established for in-plant discussions, the objective being to agree on
the method of implementing a 38-hour week and entailing an objective review of
current practices to establish where improvements can be made and implemented.
26.2 The procedures
should make suggestions as to the recordings of understandings reached and
methods of communicating agreements and understandings to all employees,
including the overcoming of language difficulties.
26.3 The procedures
should allow for the monitoring of agreements and understandings reached
in-plant.
26.4 Separate to
these procedures the employer organisations may provide assistance and guidance
to their members on the subject matters to be dealt with in in-plant
discussions and on other relevant matters.
26.5 There shall be
an ongoing character attached to the review of practices to establish where
improvements can be made and implemented.
27.
Meal Breaks, and Rest Periods
27.1 Day Workers - Two-Shift Workers -
27.1.1 A meal interval of not less than
thirty minutes and not more than one hour shall be allowed each day or shift.
27.1.2 Unless directed by the employer,
no work shall be performed by an employee during his unpaid meal interval.
27.1.3 Time and one-half rates shall be
paid to any employee required to work during his unpaid meal interval.
27.1.4 Where two eight-hour shifts are
worked and no meal interval is given, twenty minutes shall be allowed, as
opportunity offers, to shift workers each shift for crib, which shall be counted
as time worked.
27.1.5 Any employee required to work for
a period of 12 consecutive hours (including crib breaks) as his normal daily
hours of work shall be entitled to two separate paid crib breaks, each of 20
minutes duration, which shall be counted as time worked.
27.1.6 No employee shall partake of a meal other
than a crib in a production area. In such cases, proper dining accommodation
shall be provided in the production area.
27.2 Three-shift Workers - Where three
eight-hour shifts are worked and no meal interval is given, twenty minutes
shall be allowed, as opportunity offers, to shift workers each shift for crib
which shall be counted as time worked, provided that the method of granting
crib times may be varied by agreement between the employer and the Secretary of
the Union to suit the circumstances of the establishment.
27.3 Short-shift Workers -
27.3.1 Where
a short shift of up to and including five hours is worked, ten minutes shall be
allowed, as opportunity offers, to such short-shift workers each shift for a
rest break which shall be counted as time worked.
27.3.2 Where a short shift over five hours and less
than eight hours is worked and no meal interval is given, twenty minutes shall
be allowed, as opportunity offers, to such short-shift workers each shift for a
crib break which shall be counted as time worked.
27.3.3 The provisions of subclause 27.7 shall not
apply to short-shift workers in respect of whom paragraphs 27.3.1 and 27.3.2
apply.
27.4 No employee shall work for more than five
hours without a meal break unless by mutual agreement.
27.5 An employee engaged in the maintenance of
plant shall, when breakdowns occur, work meal hours at the ordinary rates
herein prescribed whenever instructed to do so.
27.6 Each employee shall have a meal interval
fixed and having been fixed it shall not be altered except by mutual agreement
or on seven days' notice to a shop steward employed in the factory and, where
there is no shop steward, on notice to the Secretary of the Union, or in the event
of an emergency such as a power breakdown.
27.7 Rest
Period
27.7.1 Employees shall be entitled to
one daily rest periods, of ten minutes, without loss of pay.
27.7.2 The rest period must be taken
between the hours of 9.30 a.m. and 11.00 a.m., or 2.30 p.m. and 4.00 p.m., at
the discretion of the employer.
27.7.3 In the circumstances where a rest
period would otherwise occur after the cessation of an employee's daily work,
such rest period will occur prior to the cessation of work
27.7.4 During such rest periods,
employees may leave their work stations but may not leave the premises.
28.
Overtime
28.1 Payment for
Working Overtime
28.1.1 For
all work done outside ordinary hours the rate of pay shall be time and a half
for the first three hours and double time thereafter, such double time to
continue until the completion of the overtime work. Provided that the ordinary
hours of a night shift finishing on Saturday morning shall not be subject to
overtime rates. Provided further that an employee required to work overtime on
a Saturday shall be afforded at least three hours work or paid for three hours
at the appropriate rate, except where such overtime is continuous with a shift
or rostered work period or overtime commenced on the previous day. The hourly
rate when computing overtime shall be determined by dividing the appropriate
weekly wage by 38.
28.1.2 The
38 ordinary hours of work each week may be worked in 4 days without incurring
overtime penalties, provided that the hours on any day shall not exceed ten and
provided the provisions of paragraph 24.1.5(c), are observed and provided
further that mutual agreement is obtained.
28.2 Employees under
eighteen years of age required to work overtime shall be paid overtime at the
rate of time and one-half to a maximum of three hours in any one day, Monday to
Saturday inclusive, and ten hours in one week, and double time thereafter.
28.3 Employees
under the age of sixteen years shall not work overtime for more than two
hundred hours in a calendar year. Provided that further overtime shall be
allowed when the Union cannot supply competent and suitable labour, and the
consent of the union is first obtained. If the union refuses to give such
consent, the matter shall be referred to the appropriate Industrial Committee.
28.4 Rest Period
After Overtime
28.4.1 When
overtime work is necessary it shall, wherever reasonably practicable, be so
arranged that employees have at least ten consecutive hours off duty.
28.4.2 An
employee who works so much overtime between the termination of his ordinary
work on one day and the commencement of his ordinary work on the next day that
he has not had at least ten consecutive hours off duty between those times
shall, subject to this subclause, be released after completion of such overtime
until he has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
28.4.3 If,
on the instructions of his employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty he shall be paid at
double rates until he is released from duty for such period and he shall then
be entitled to be absent until he has had ten consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
28.4.4 The
provisions of this subclause shall apply in the case of shift workers as if
eight hours were substituted for ten hours when overtime is worked:
(a) for the
purpose of changing shift rosters; or
(b) where
a shift worker does not report for duty and a day worker or a shift worker is
required to replace such shift worker; or
(c) where
a shift is worked by arrangement between the employees themselves.
28.5 Call back
28.5.1 An
employee recalled to work overtime after leaving his employer's business
premises (whether notified before or after leaving the premises) shall be paid
a minimum of three hours work at the appropriate rate for each time he is so
recalled. Provided that, except in the case of unforeseen circumstances
arising, the employee shall not be required to work the full three hours if the
job he was recalled to perform is completed within a shorter period. This
subclause shall not apply in cases where it is customary for an employee to
return to his employer's premises to perform a specific job outside his
ordinary working hours or where the overtime is continuous (subject to a
reasonable meal break) with the completion or commencement of ordinary working
time.
28.5.2 Overtime
worked in the circumstances specified in this subclause shall not be regarded
as overtime for the purpose of paragraphs 28.4.4 (b) and 28.4.4 (c) where the
actual time worked is less than three hours on such recall or each of such
recalls.
28.6 Requirement to
work reasonable overtime
28.6.1 An
employer may require any employee to work reasonable overtime at overtime rates
and such employee shall work overtime in accordance with such requirement.
28.6.2 An
employer bound by this award shall not in any way, whether directly or
indirectly, be a party to or concerned in any ban, limitation or restriction
upon the working of overtime in accordance with the requirements of this
subclause.
28.7 The calculation
of overtime shall not apply until thirty-eight hours have been worked.
28.8 Time Off in
Lieu of Overtime
28.8.1 Such
arrangements shall be done on an individual basis, i.e., agreement must be
reached between an individual employee and his or her employer. An employee
retains the choice of working overtime for time off in lieu of overtime for
payment.
28.8.2 Substitute
time may be banked to a maximum of 38 hours at any one time.
28.8.3 Overtime
hours worked on Monday to Friday will qualify for an equal number of ordinary
hours time off, e.g., 4 hours worked equals 4 hours off.
28.8.4 Overtime
hours worked on Saturdays will accrue at the rate of time and one-half for the
first 3 hours worked and double time for each subsequent hour.
28.8.5 Overtime
hours worked on Sunday will accrue at the rate of double time for each hour worked.
28.8.6 Time
off accrued when taken is to be paid at the current rate of pay.
28.8.7 If
called upon to work at any agreed time off period the following shall apply:
(a) The employer
and the employee may agree upon an alternative period of time to be taken off
in substitution.
(b) If there is no
agreement to an alternative period of time to be taken off in substitution then
the following shall apply:
(i) Employees
shall be paid at the appropriate overtime rate for that period of the time
accrued worked.
(ii) The time
banked will remain unchanged.
28.8.8 Any
untaken accrued time off may be taken and paid for at the annual leave/mutually
agreed period or upon termination.
28.8.9 After
consultation with the employee the employer will decide the most appropriate
period in which time off in lieu of overtime will be taken, provided that the
employee shall take time off in lieu of overtime not later than 6 months after
the time overtime hours are banked in accordance with this clause.
PART 6
LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
29.
Annual Leave
29.1 Period of Leave
- A period of 28 consecutive days' leave shall be allowed annually to an
employee, other than a casual or part-time employee, after 12 months continuous
service (less the period of annual leave).
29.2 Annual Leave
Exclusive of Public Holidays
29.2.1 The
annual leave prescribed by this clause shall be exclusive of any of the
holidays prescribed by clause 33. If
any such holiday falls within an employee's period of annual leave and is observed
on a day which, in the case of that employee, would have been an ordinary
working day, an amount equivalent to the ordinary time which the employee would
have worked if such day had not been a holiday shall be added to the period of
annual leave.
29.2.2 Where
an employee without reasonable cause, proof whereof shall lie upon the
employee, is absent from their employment on the working day or part of the
working day prior to the commencement of their annual leave, and fails to
resume work at their ordinary starting time on the working day immediately
following the last day of the period of their
annual leave, the employee shall not be entitled to payment for the
public holidays which fall within the employee’s period of annual leave.
29.3 Broken
Leave - The annual leave shall be given and taken in one or two continuous
periods.
29.3.1 If
the annual leave is given in two continuous periods, then one of those two
periods must be of at least 12 working days, exclusive of public holidays.
29.3.2 Provided
that if the employer and an employee so agree, then the employee’s annual leave
entitlement may be given and taken in three separate periods.
29.4 Calculation of
Service - Service before the date of this award shall be taken into
consideration for the purpose of calculating annual leave. However, an employee shall not be entitled
to leave or payment in lieu thereof for any period in respect of which leave or
a payment in lieu thereof has been allowed or made under the award hereby
superseded. The annual leave shall be
allowed at the rate of twelve and two-thirds hours for each completed month of
continuous service. The period of annual leave to be allowed under this
subclause shall be calculated to the nearest day, with any broken part of a day
in the result not exceeding half a day to be disregarded.
29.5 Calculation
of Month - For the purpose of this clause the first completed month of service
shall be reckoned as commencing with the beginning of the first working day of
an engagement and as ending on a corresponding day so as to ensure that the
employee concerned has completed four weeks of working time or time regarded as
working time with an employer.
29.6 Leave to be
Taken - The annual leave provided for by this clause shall be allowed and shall
be taken and, except as provided by subclauses 29.10 and 29.11, payment shall
not be made or accepted in lieu of annual leave.
29.7 Time of Taking
Leave - Subject to the provisions of subclauses 29.3, 29.8, 29.10 and 29.11,
annual leave shall be given at a time fixed by the employer within a period not
exceeding three months from the date when the right to annual leave accrued and
after at least three months' notice to the employee. Provided that where the
leave is taken in two or three periods, the first period shall be taken within
a period not exceeding three months, and the balance shall be taken not later
than six months from the date when the right to leave accrued or 30 September
next following, whichever is the later.
29.8 Leave
Allowed before Due Date -
29.8.1 An
employer may allow an employee who so agrees to take annual leave either wholly
or partly in advance. In such case a
further period of annual leave shall not commence to accrue until after the
expiration of the twelve months in respect of which the annual leave or part
thereof had been taken.
29.8.2 Where
annual leave has been granted pursuant to paragraph 29.8.1 before the right to
annual leave has accrued, and the employee subsequently leaves or is discharged
from the service of the employer before completing the twelve months'
continuous service in respect of which the leave was granted, and the amount
paid by the employer to the employee for the annual leave or part so taken in
advance exceeds the amount which the employer is required to pay the employee
under 29.10 of this clause, the employer shall not be liable to make any
payment to the employee under 29.10-, and shall be entitled to deduct the
amount of excess from any remuneration payment to the employee upon the
termination of employment.
29.9 Payment
for Period of Leave -
29.9.1 Each
employee before going on leave shall be paid all wages which would normally
become due and payable during the period of leave.
29.9.2 An
employee who is not working under an incentive scheme based on production but
who is receiving a weekly overaward payment shall be entitled to receive the
whole of such weekly overaward payment for each week of annual leave to which
they are entitled. Provided that all amounts paid in respect of overtime, shift
work or penalty rates shall be excluded. Provided further that the overaward
payment shall not apply where the employee receives pro rata payment in lieu of
annual leave on termination of employment with less than twelve months' service
in any twelve-month qualifying period for annual leave, except in cases where
an employee with more than six months' service with an employer is terminated
by that employer other than for misconduct or where an employee terminates
during the year on account of personal illness, substantiated by a medical
certificate, or where an employee terminates on the day that the factory closes
down for annual leave.
Where an employee has accrued a full entitlement to
annual leave after a qualifying twelve-month period of service and their
employment ceases for any reason before the whole or any part of such leave
entitlement has been taken, the weekly overaward payment referred to in this
paragraph shall apply in respect to that full entitlement or any remaining
portion thereof.
29.9.3 Payment
in the case of an employee under any system of payment by results shall be at
the time rate, provided that -
(a) When
taking annual leave the employee, for the purpose of paid leave, shall, for
each week or part thereof of annual leave to which the employee is entitled,
receive an additional payment based on the average weekly incentive payment
earned in excess of the appropriate award wage for the classification
concerned. The average shall be calculated on a forty-week qualifying period
and applied to ordinary hours only in respect of any incentive scheme based on
production during the "qualifying period of employment" in each year.
(b) The
"qualifying period of employment" means -
(i) In the case
of an employee taking annual leave at Christmas, the period of 40 consecutive
weeks commencing with the first pay period in February. If annual leave is
taken in two or three periods the same average additional payment for the first
period shall also apply to the second and/or third period.
(ii) In the case
of an employee taking annual leave at any other time, the first 40 consecutive
weeks in the twelve months immediately preceding the date of the taking of
annual leave.
(iii) Where an
employee is not employed during the whole of the "qualifying period"
the employee shall still be eligible for such additional payment but the
average incentive payments earned shall be calculated on the period of
employment falling within the said 40 consecutive weeks.
(c) In the case of
an employee absent on long service leave during any "qualifying period of
employment" both the period of such leave and the payment in respect
thereof shall be excluded from the calculation of average incentive payments
earned.
(i) Payment of
any bonus or incentive in respect of "unrated work" shall be regarded
as payment in respect of an incentive scheme for the purpose of 29.9.3 (a).
(ii) In
calculating the average incentive payments earned, all amounts paid in respect
of overtime, shift work or penalty rates shall be excluded.
(iii) The
additional payment as specified in 29.9.3 (a) shall not apply to employees
receiving pro rata payment in lieu of annual leave on termination of employment
with less than twelve months' service in any twelve-month qualifying period for
annual leave, except in the case where an employee with a total of 6 months'
service with an employer is terminated by that employer, other than for
misconduct, or where an employee terminates during the year on account of
personal illness, substantiated by a medical certificate, or where an employee
terminates on the day that the factory closes down for annual leave.
Where an employee has accrued a full entitlement to
annual leave after a qualifying twelve-month period of service, and their
employment ceases for any reason before the whole or any part of such leave
entitlement has been taken, the additional payment referred to in 29.9.3 (a)
shall apply in respect of that full entitlement or any remaining portion thereof.
29.9.4 Loading
on Annual Leave - During a period of annual leave (including any period of
leave allowed before due date) an employee shall receive a loading calculated
on the award rate of wage for the occupation in which the employee was
ordinarily employed immediately prior to the commencement of the employee’s
leave.
This loading, applicable to both time workers and
payment by results workers, shall be as follows -
(a) Employees on
Day Work - An employee who would have worked on day work had the employee not
been on leave shall receive a loading of 17.5 per cent.
(b) Employees on
shift work - An employee who would have worked on shift work had the employee
not been on leave shall receive a loading of 17.5 per cent.
Provided that where the employee would have received a
shift loading had the employee not been on leave during the relevant period and
such shift loading would have entitled the employee to a lesser amount than the
loading of 17.5 per cent, then such loading of 17.5 per cent shall be added to
the award rate of wage prescribed herein in lieu of the shift loading.
The loading prescribed by this paragraph is payable
when services terminate in the following circumstances and not otherwise:
(i) in respect of
any untaken part of a full entitlement to annual leave for which payment in
lieu is made;
(ii) in respect of
any uncompleted twelve-month period for which proportionate leave on
termination is payable, if services are terminated by the employer for reasons
other than malingering, inefficiency, neglect of duty or misconduct, after 25
August in any year, or in the case of an employee who would not normally be
taking any annual leave over the Christmas/New Year period if such termination
by the employer is within four calendar months of the date the employee would
normally have taken the employee’s annual leave; or
(iii) in respect of
any employee entitled to payment pursuant to paragraph 29.10.3.
29.10 Proportionate
Leave -
29.10.1 If
after one month's continuous service in any qualifying twelve-month period an
employee leaves their employment or is discharged for malingering,
inefficiency, neglect of duty or misconduct, they shall be paid at their
ordinary rate of wage for twelve and two- thirds hours in respect of each
completed month of continuous service with the employer as from the
commencement of the employment and the service shall be service for which leave
has not already been granted.
29.10.2 If
after one month's continuous service in any part of a qualifying twelve-month
period an employee is terminated by the employer except for malingering,
inefficiency, neglect of duty or misconduct, the employee shall be paid for
leave for 2.923 hours for each completed week of continuous service with the
employer, the service being service in respect of which leave has not already
been granted.
29.10.3 If
during the second or any subsequent year of an employee's continuous service
with an employer their service terminates for any reason at the close of
business on the day on which the plant or that section thereof in which such
employee is employed closes for the December annual close down and the employee
was involved in a similar close down in the December of the previous year, then
such employee shall be paid on termination the equivalent of four weeks' annual
leave pay in respect of continuous service during the then current calendar
year. Provided that such employee had
not previously been allowed any annual leave in respect of service during that
calendar year. Where any period of
leave had already been allowed in respect of such service, the employee's
entitlement upon termination shall be the difference between four weeks and the
period so allowed. Any payment made pursuant to this paragraph shall be in
substitution for and not cumulative upon any entitlement which would otherwise
have arisen pursuant to paragraphs 29.9.1 and 29.9.2 in respect of service
during the then current calendar year. In addition, the employee shall be paid
the annual leave loading prescribed by paragraph 29.9.4 applicable to the
quantum of leave for which payment in lieu is to be made upon termination
pursuant to this paragraph.
29.10.4 For
the purposes of this subclause the rate of wage shall be calculated in
accordance with paragraphs 29.9.1, 29.9.2 and 29.9.3.
29.11 Annual
Closedown - Where an employer closes down their plant, or a section or sections
thereof, for the purpose of allowing annual leave to all or the bulk of the
employees in the plant or section or sections concerned, the following shall
apply:
29.11.1 The
employer may, by giving at least three months' notice of their intention so to
do, stand off for the duration of the closedown all employees in the plant or
section or sections concerned and allow to those who are not then qualified for
a full entitlement to annual leave paid leave on a proportionate basis of 2.923
hours for each completed week of continuous service, subject to and then
including the initial qualifying period of one month of continuous service with
the employer. Provided that where in any establishment a ballot indicates that
at least 75 per cent of employees agree, and with the consent of the union, the
period of closedown may be extended and all employees stood down without pay
for a further period of not more than two days.
29.11.2 An
employee who has then qualified for a full entitlement to annual leave for
twelve months' continuous service pursuant to paragraph 29.11.1, and has also completed
a further week or more of continuous service shall be allowed the employee’s
leave and shall, subject to subclause 29.5, also be paid for 2.923 hours in
respect of each completed week of continuous service performed since the close
of the employee’s last twelve-month qualifying period.
29.11.3 Except
where annual leave is allowed before the due date the next twelve-month
qualifying period for each employee affected by such close down shall commence
from the day on which the plant or section concerned is re-opened for work.
Provided that all time during which an employee is stood down without pay for
the purposes of this subclause shall be deemed to be time of service in the
next twelve-month qualifying period.
29.11.4 If,
in the first year of the employee’s service with an employer, an employee who
is allowed proportionate leave under 29.11.1 subsequently within such year
leaves their employment or their employment is terminated by the employer, they
shall be entitled to the benefit of 29.9, subject to adjustment for any
proportionate leave which the employee may have been allowed.
29.12 An outdoor
worker subject to the qualifying period of one month's continuous service shall
be paid on termination of employment or, when taking annual leave an amount
equal to one-twelfth of the employee’s total earnings for that period of
employment in respect of which leave has not already been granted.
When taking annual leave there shall be added to the
aforementioned amount a loading of 17.5 per cent. Provided, however, that the
monetary amount of such loading shall not exceed the amount which an ordinary
weekly employee in the same classification would receive by way of an annual
leave loading in respect of the same period of employment.
29.13 Proportionate payment
for annual leave shall be made by an employer in respect of each completed
month of continuous service when the employee leaves their employment or, in
accordance with paragraph 29.9.2, where an employee is terminated by the
employer before the completion of any twelve- month qualifying period under
this clause. Payment shall be made on the employee so leaving or on their
employment being so terminated, as the case may be.
29.14 An employer may
close down the plant or section thereof in two periods, for the purpose of
granting annual leave. Provided that the longer of the two periods of leave
shall be at least twelve working days exclusive of public holidays. Such longer period shall be granted by the
employer during the December-January period unless otherwise agreed in writing
by the employer and the Secretary of the union or, in the event of a dispute,
as decided by the Industrial Relations Commission of New South Wales. Provided
that the employer may close down the plant or section thereof in three separate
periods, subject only to the following conditions:
29.14.1 That
at least 75 per cent of the employees in the plant as a whole or a section
thereof, as the case may be, mutually agree with an employer on three separate
periods of leave and mutually agree upon the date when the third closure is to
be made. An employer in conjunction
with an accredited representative of the Union may seek such an agreement with
their employees in the plant as a whole or a section thereof, as the case may
be, by means of secret ballot and not otherwise.
29.14.2 That
the employees concerned be given at least three months' notice of the proposed
closures.
29.14.3 That
the longest of the three periods of leave shall be at least twelve days
exclusive of public holidays.
29.14.4 That
the second and/or third closedown period shall take place not later than 30
September, in the year following the first close down period.
29.14.5 Subject
to the special provisions contained in this subclause, all other provisions of
the annual leave clause shall apply in respect to the obligations and rights of
employers and employees.
30. Sick Leave
30.1.1 An employee on
weekly hiring who is absent from work on account of personal illness, or on
account of injury by accident arising out of and in the course of employment,
shall be entitled to leave of absence, without deduction of pay, subject to the
following conditions and limitations:
30.1.2 The employee
shall not be paid leave of absence for any period in respect of which they are
entitled to workers' compensation.
30.1.3 The employee
shall, within 24 hours of the commencement of such absence or within four hours
of the commencement of the next working day or shift, inform the employer of
their inability to attend for duty and, as far as practicable, state the nature
of the injury or illness and the estimated duration of the absence.
30.1.4 The employee
shall prove to the satisfaction of the employer that they were unable on
account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed. For such purpose the employer may require an
employee to make a statutory declaration or submit a medical certificate of a
duly qualified medical practitioner verifying the cause of the absence.
30.1.5
(a) The employee
shall not be entitled during their first sick leave year with an employer (that
is, from the date of engagement until 31 December next following) to leave in
excess of thirty-eight hours of working time. Provided that during the first
sick leave year of any period of service with an employer, the employee shall
be entitled to sick leave which shall accrue on a pro rata basis of 3.17 hours
of working time for each month of service completed with that employer.
(b) The employee
shall be entitled during the second sick leave year of continuous service with
an employer to paid leave of absence for not more than 46 hours of working
time, subject to any accumulated leave to which the employee may be entitled in
accordance with subclause 28.3.
(c) The employee
shall be entitled during the third or subsequent sick leave year of continuous
service with an employer to paid leave of absence for not more than 61 hours of
working time, subject to any accumulated leave to which the employee may be entitled
in accordance with subclause 28.3.
(d) Sickness on
Day Off, etc. -
(i) Where an
employee is sick or injured on the week day the employee is to take off in
accordance with paragraphs 25.1.3 and 25.1.4, they shall not be entitled to
sick pay nor will the employee’s sick pay entitlement be reduced as a result of
this sickness or injury that day.
(ii) An employee
who is absent on the ordinary working day preceding and/or the ordinary working
day following a rostered day off shall not be entitled to payment of sick pay
for the day or days unless the employee produces to the employer a certificate
from a duly qualified medical practitioner.
Providing that if satisfactory evidence of sickness or injury acceptable
to the employer is produced then the necessity of a medical certificate may be
waived.
30.2 For the purpose
of this clause, a month shall be reckoned as commencing with the beginning of
the first day of employment in question and as ending at the beginning of the
day which in the latest month in question has the same date number as that
which the commencing day has in its month and if there be no such day in such
subsequent month, shall be reckoned as ending at the end of such subsequent
month.
30.3 For the purpose
of this clause, service shall also be deemed to be continuous in the case of an
employee who is terminated by an employer and is re-engaged within two calendar
months by that same employer. In such a
case an employee on such re-engagement shall be entitled to any sick leave
accumulated during the previous period of employment.
30.4 Accumulation of
sick leave
30.4.1 Sick
leave shall accumulate from year to year so that any balance of the period
prescribed above which has in any year not been allowed to any employee by an
employer as paid sick leave may be claimed by the employee and, subject to the
conditions hereinbefore prescribed, shall be allowed by that employer in a
subsequent year without diminution of the sick leave prescribed in respect of
that year. Provided that sick leave
which accumulated pursuant to this subclause shall be available to the employee
for a period of 12 years but no longer from the end of the year in which it
accrues.
30.5 An employee
paid by results is entitled to be paid leave of absence under this clause shall
be paid at the time rate applicable to the classification.
30.6 For the purpose
of this clause, a year shall be deemed to be from 1 January to 31 December,
inclusive.
30.7 Part-time
employees shall, in respect of sick leave, be paid only at the rate actually
being received by them at such time.
31.
Personal/Carer’s Leave
31.1 Use
of Sick Leave
31.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in paragraph 31.1.3 (b) 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 at Clause 30, Sick
Leave, 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.
31.1.2 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.
31.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the
person concerned being:
(c) a spouse of
the employee; or
31.1.4 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
31.1.5 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
31.1.6 a
same sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
31.1.7 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
(a) 'relative'
means a person related by blood, marriage of affinity;
(b) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) 'household'
means a family group living in the same domestic dwelling.
31.1.8 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.
31.2 Unpaid
Leave for Family Purpose
31.2.1 An
employee may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a member of a class of person set
out in paragraph 31.1.3 (b) who is ill.
31.3 Annual
Leave
31.3.1 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.
31.3.2 Access
to annual leave, as prescribed in 31.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this Award.
31.3.3 An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
31.4 Time
Off in Lieu of Payment for Overtime
31.4.1 An
employee may elect, with the consent of the employer, to take time off in lieu
of payment for overtime at a time or times agreed with the employer within 12
months of the said election.
31.4.2 Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is an hour for each hour worked.
31.4.3 If,
having elected to take time as leave in accordance with 31.4.1, the leave is not
taken for whatever reason, payment for time accrued at overtime rates shall be
made at the expiry date of the 12 month period or on termination.
31.4.4 Where
no election is made in accordance with 31.4.1, the employee shall be paid
overtime rates in accordance with the Award.
31.5 Make-up
Time
31.5.1 An
employee may elect, with the consent of the employer, to work 'make-up time',
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the Award, at
the ordinary rate of pay.
31.5.2 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.
31.6 Rostered
Days Off
31.6.1 An
employee may elect, with the consent of the employer, to take a rostered day
off at any time.
31.6.2 An
employee may elect, with the consent of the employer, to take rostered days off
in part day amounts.
31.6.3 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.
31.6.4 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.
32.
Bereavement Leave
32.1 An employee
other than a casual employee shall be entitled to up to three days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 32.3.
32.2 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.
32.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 31.1.3 (b), provided that,
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
32.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
32.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
31.1, 31.2, 31.3, 31.4, 31.5 and 31.6.
In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operation requirement of
the business.
33.
Public Holidays
33.1 Full-time
and part-time employees shall be entitled, without loss of pay, to holidays on
the following days:
33.1.1 New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day; and
33.1.2 Industry
day (Easter Tuesday) except in years when Anzac Day falls on a Tuesday when the
holiday shall be observed on the preceding day or where Anzac Day falls on a
Thursday or a Friday in which case the holiday shall be observed on the
succeeding working day except on a Saturday or a Sunday.); and
33.1.3 Any
other day proclaimed as a public holiday for the State shall be holidays
provided that any day proclaimed as a holiday for the State for a special
purpose but observed throughout the State on different days also shall be a
holiday.
33.2 Any work
performed on a day specified in subclause 33.1 shall be paid at the Public Holidays
rate of pay in accordance with clause 34.
33.3 When Christmas
Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on
27 December.
33.4 When Boxing Day
is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28
December.
33.5 When New Year’s
Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall
be observed on the next Monday.
33.6 An
employer, with the agreement of the Union, may substitute another day for any
prescribed in this clause.
33.6.1 An
employer and his or her employees may agree to substitute another day for any
prescribed in this clause. For this
purpose, the consent of the majority of affected employees shall constitute
agreement.
(a) An agreement
pursuant to subclause 33.6 shall be recorded in writing and be available to
every affected employee.
(b) The
Union shall be informed of an agreement pursuant to 33.6 and may within seven
days refuse to accept it. The Union
will not unreasonably refuse to accept the agreement.
33.7 Payment by
results workers
33.7.1 An
employee working under any system of payment by results shall be paid for such
holidays at the ordinary rate payable to an employee working as a time worker
doing the same class of work.
33.8 Rostered Day
Off or Accumulated Time Off Falling on a Holiday
33.8.1 In
the case of an employee whose ordinary hours of work are arranged in such a
manner as to entitle the employee to a rostered day off, the weekday to be
taken off shall not coincide with a holiday fixed in accordance with this
clause. If a holiday is prescribed after an employee has been given or gives
notice of a weekday off and the holiday falls on such weekday, the employer
shall allow the employee to take an alternative weekday off in lieu of the
holiday.
33.9 Termination
within twenty-one days of Christmas/New Year and Easter
33.9.1 In
the case of an employee with at least one months' service with the employer
whose services are terminated by the employer through no fault of the employee
within twenty one days prior to the Christmas, New Year or Easter holiday(s),
the employee shall be paid for any such holiday the amount the employee would
have received had employment not been terminated.
33.10 Full-Time
Employees Who Do Not Regularly Work A Five-Day, Monday - Friday Week
33.10.1 Such
an employee will not be disadvantaged by the fact that a prescribed holiday
falls upon a day when the employee would not be working. The appropriate compensation is:
(a) An alternative
"day off"; or
(b) An addition of
one day to annual leave; or
(c) An additional
day’s wages.
33.10.2 Where
a full-time employee normally works on Saturdays and/or Sundays and a public
holiday falls on the weekend and is the subject of a substitution provision,
the employee shall either:
(a) Have the
"actual" day off without loss of pay, with no additional entitlement
to the substitute day; or
(b) If required to
work on the "actual" day, be paid the normal Saturday or Sunday rate
and be entitled to the substitute day, or if the substitute day falls on the
employee’s normal "day off", an alternative day off (as per paragraph
33.10.1).
(c) If required to
work on both the "actual" day and the substitute day be paid the
normal Saturday or Sunday rate for work on the "actual" day and in
recognition of the work performed on the substitute day receive either:
(i) An
alternative "day off"; or
(ii) An addition
of one day to annual leave; or
(iii) Payment of
public holiday rates for the day’s work.
33.10.3 For
the purpose of this subclause "an alternative day off", "an
addition of one day to annual leave" or "an additional days’
wages" shall mean 7.6 hours.
33.10.4 Full-time
employees who do not work a five day week should get the hours that they work
and 7.6 hours where holidays fall on days they do not work.
33.11 Non-Casual
Part-Time Employees
33.11.1 Where
the normal roster of a part-time employee includes a day which is a holiday the
employee should either enjoy the holiday without loss of pay or receive the
appropriate public holiday rate for working on it.
33.11.2 Where
a part-time employee normally works on Saturdays and/or Sundays and a public
holiday falls on the weekend and is the subject of a substitution provision,
the employee shall either:
(a) Have the
"actual" day off without loss of pay, with no additional entitlement
to the substitute day; or
(b) If required to
work on the "actual" day, be paid at the normal Saturday or Sunday
rate and be entitled to take another day, which may or may not be the prescribed
substitute day, as a holiday or receive payment at ordinary-time rates for an
additional day of equal length.
33.11.3 A
part-time employee who works an average five days per week, but whose roster is
not a regular Monday to Friday roster, will not be disadvantaged by the fact
that a prescribed holiday falls upon a day when the employee would not be
working. The appropriate compensation
is:
(a) An alternative
‘day off’; or
(b) An addition of
one day to annual leave; or
(c) An additional day’s
wages.
For the purposes of this subclause ‘day off’ shall mean
the average number of hours rostered per day by the employee in the four week
cycle prior to the public holiday.
33.12 When Christmas
Falls On A Saturday Or Sunday
Permanent full-time and part-time employees required to
work on 25 December shall receive the Saturday or Sunday rate (as appropriate)
plus a loading of 50 per cent (of the ordinary time rate) and be entitled to
the benefit of a substitute day.
33.13 Casual Employees
A casual employee who works on the day prescribed as
the public holiday shall be paid the appropriate public holiday pay as
described elsewhere in this award. The
employee should receive the ordinary casual rate plus the applicable
penalty. That is, the casual loading of
twenty per cent and the prescribed holiday rate for non-casual employees of 2.5
times ordinary rates. The casual will
be paid 2.7 times the ordinary rate for non-casual employees.
33.14 Absences before
or after public holidays
33.14.1 Where
an employee is absent from employment on the working day or part of the working
day before or the working day or part of the working day after a public holiday
or group of public holidays to which the employee is entitled, and such absence
is without reasonable cause, proof whereof shall be upon the employee, the
employee shall not be entitled to payment for the holiday immediately
succeeding or immediately preceding the absence, as the case may be.
33.14.2 When
an employee is absent through illness or other reasonable cause from his or her
employment for a period exceeding ten working days, the employee shall not be
entitled to payment for any holidays occurring during such period of absence.
Provided that where an employer consents to an employee
having leave beyond the period mentioned, payment shall be made for such
holiday or holidays occurring in the period of absence.
34.
Payment for Work Done on Holidays
34.1 Any
weekly or part time employee who works on any holiday provided for in clause
shall, for all time worked on that day, be paid at the rate of double time and
one-half of the ordinary rate.
34.2 Any employee
working under any system of payment by results who works on any holiday
provided for in clause 33 shall, for all time worked on that day, be paid the
employee’s ordinary earnings under such system of payment by results, and an
amount calculated on the basis of half of the ordinary rate for the class of
work being performed, in addition to the ordinary rate payable to employees on
time work doing the same class of work.
34.3 The minimum
payment for work performed on a public holiday shall be four hours.
35.
Sunday Work
35.1 All work done
by an employee on a Sunday shall be paid for as follows:
35.1.1 A
weekly or part time employee shall be paid at the rate of double time.
35.1.2 A
time employee shall be entitled to receive payment for the time worked at their
ordinary rate in addition to their ordinary rate.
35.1.3 A
piece worker shall be entitled to receive payment for the time worked on the
basis of the ordinary rate payable to an employee on time work doing the same
class of work in addition to the employee's piece work earnings.
35.2 An employee
required to work on a Sunday shall be afforded at least 3 hours work or paid
for 3 hours at the appropriate rate except where such work is continuous with a
shift or rostered work period or with overtime which commenced on the day
previous.
36.
Parental Leave
The terms of Part 4 of Chapter 2 of the Industrial Relations Act 1996 (New South Wales) shall form part of
this award. It is in the following terms,
36.1 Employees to
whom Part applies
36.1.1 This
Part applies to all employees, including part-time employees or regular casual
employees, but does not apply to other casual or seasonal employees.
36.1.2 For
the purposes of this Part, a regular casual employee is a casual employee who
works for an employer on a regular and systematic basis and who has a
reasonable expectation of on-going employment on that basis.
36.2 Entitlement to
unpaid parental leave
36.2.1 An
employee is entitled to a total of 52 weeks unpaid parental leave in connection
with the birth or adoption of a child, as provided by this Part.
36.2.2 Parental
leave is not to extend beyond 1 year after the child was born or adopted.
36.3 What is
parental leave?
36.3.1 For
the purposes of this Part, parental leave is maternity leave, paternity leave
or adoption leave.
36.3.2 Maternity
leave is leave taken by a female employee in connection with the pregnancy or
the birth of a child of the employee. Maternity leave consists of an unbroken
period of leave.
36.3.3 Paternity
leave is leave taken by a male employee in connection with the birth of a child
of the employee or of the employee's spouse. Paternity leave consists of:
(a) an unbroken
period of up to one week at the time of the birth of the child or other
termination of the pregnancy (short paternity leave), and
(b) a further
unbroken period in order to be the primary care-giver of the child (extended
paternity leave).
36.3.4 Adoption
leave is leave taken by a female or male employee in connection with the
adoption by the employee of a child under the age of 5 years (other than a child
who has previously lived continuously with the employee for a period of at
least 6 months or who is a child or step-child of the employee or of the
employee's spouse). Adoption leave
consists of:
(a) an unbroken
period of up to 3 weeks at the time of the placement of the child with the
employee (short adoption leave), and
(b) a further
unbroken period in order to be the primary care-giver of the child (extended
adoption leave).
36.3.5 For
the purposes of this Part, spouse includes a de facto spouse.
Note. Employees are also entitled to special maternity
leave for recovery from a termination of pregnancy or illness related to
pregnancy (section 71) and to special adoption leave up to 2 days to attend
interviews or examinations for the purposes of adoption (section 72). The
requirement of unbroken periods of leave is subject to section 63 (Employee and
employer may agree to interruption of parental leave by return to work).
36.4 This Part
provides minimum entitlements
36.4.1 This
Part sets out the minimum entitlements of employees to parental leave.
36.4.2 The
provisions of an industrial instrument, contract of employment or other
agreement (whether made or entered into before or after the commencement of
this Part) do not have effect to the extent that they provide an employee with
a benefit that is less favourable to the employee than the benefit to which the
employee is entitled under this Part.
36.5 Length of
service for eligibility
36.5.1 An employee
is entitled to parental leave only if the employee has had at least 12 months
of continuous service with the employer.
36.5.2 Continuous
service is service under one or more unbroken contracts of employment,
including:
(a) any period of
authorised leave or absence, and
(b) any period of
part-time work.
36.5.3 case
of a casual employee:
(a) the employee
is entitled to parental leave only if the employee has had at least 24 months
of continuous service with the employer as a regular casual employee (or partly
as a regular casual employee and partly as a full-time or part-time employee),
and
36.5.4 continuous
service is work for an employer on an unbroken regular and systematic basis
(including any period of authorised leave or absence).
Note. A period of service in the business of a former
employer counts as service with a new employer to whom the business concerned
has been transferred.
36.6 Notices and
documents required to be given to employer
36.6.1 Maternity
leave
The notices and documents to be given to the employer
for the purposes of taking maternity leave are as follows:
(a) The employee
should give at least 10 weeks' written notice of the intention to take the
leave.
(b) The employee
must, at least 4 weeks' before proceeding on leave, give written notice of the
dates on which she proposes to start and end the period of leave.
(c) The employee
must, before the start of leave, provide a certificate from a medical practitioner
confirming that she is pregnant and the expected date of birth.
(d) The employee
must, before the start of leave, provide a statutory declaration by the
employee stating, if applicable, the period of any paternity leave sought or
taken by her spouse.
36.6.2 Paternity
leave
The notices and documents to be given to the employer
for the purposes of taking paternity leave are as follows:
(a) In the case of
extended paternity leave, the employee should give at least 10 weeks' written
notice of the intention to take the leave.
(b) The employee
must, at least 4 weeks before proceeding on leave, give written notice of the
dates on which he proposes to start and end the period of leave.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that his spouse is pregnant and the expected date of
birth.
(d) In the case of
extended paternity leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if
applicable, the period of any maternity leave sought or taken by his spouse,
and
(ii) that he is
seeking that period of extended paternity leave to become the primary
care-giver of a child.
36.6.3 Adoption
leave
The notices and documents to be given to the employer
for the purposes of taking adoption leave are as follows:
(a) In the case of
extended adoption leave, the employee should give written notice of any
approval or other decision to adopt a child at least 10 weeks' before the
expected date of placement.
(b) The employee
must give written notice of the dates on which the employee proposes to start
and end the period of leave, as soon as practicable after the employee is
notified of the expected date of placement of the child but at least 14 days
before proceeding on leave.
(c) The employee
must, before the start of leave, provide a statement from an adoption agency or
another appropriate body of the expected date of placement of the child with
the employee for adoption purposes.
(d) In the case of
extended adoption leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if
applicable, the period of any adoption leave sought or taken by his or her
spouse, and
(ii) that the employee
is seeking that period of extended adoption leave to become the primary
care-giver of a child.
36.6.4 An
employee does not fail to comply with this section if the failure was caused
by:
(a) the child
being born (or the pregnancy otherwise terminating) before the expected date of
birth, or
(b) the child
being placed for adoption before the expected date of placement,
or if it was not otherwise reasonably practicable to
comply in the circumstances.
In the case of the birth of a living child, notice of
the period of leave is to be given within 2 weeks after the birth and the
certificate of the medical practitioner is to state that the child was born and
the date of birth. In the case of the adoption of a child, notice of the period
of leave is to be given within 2 weeks after the placement of the child.
36.6.5 An
employee must notify the employer of any change in the information provided
under this section within 2 weeks after the change.
36.6.6 If
required by the employer, an employee who applies for parental leave is to give
the employer a statutory declaration, or enter into an agreement with the
employer, that for the period of the leave the employee will not engage in any
conduct inconsistent with the employee's contract of employment.
36.7 Continuity of
service
36.7.1 Parental
leave does not break an employee's continuity of service, but is not to be
taken into account in calculating an employee's period of service for any
purpose.
36.7.2 However,
parental leave counts as service for any purpose authorised by law or by any
industrial instrument or contract of employment.
36.8 Parents not to
take parental leave at the same time
36.8.1 An
employee is not entitled to parental leave at the same time as his or her spouse
is on parental leave under this Part.
36.8.2 If
this section is contravened the period of parental leave to which the employee
is entitled under this Part is reduced by the period of leave taken by his or
her spouse.
36.8.3 This
section does not apply to short paternity leave or short adoption leave.
36.9 Cancellation of
parental leave
36.9.1 Before
starting leave
Parental leave applied for but not commenced is
automatically cancelled if:
(a) the employee
withdraws the application for leave by written notice to the employer, or
(b) the pregnancy
concerned terminates other than by the birth of a living child or the placement
of the child concerned does not proceed.
36.9.2 After
starting leave
If:
(a) the pregnancy
of an employee or an employee's spouse terminates other than by the birth of a
living child while the employee or spouse is on parental leave, or
(b) the child in
respect of whom an employee is then on parental leave dies, or
(c) the placement
of a child for adoption purposes with an employee then on adoption leave does
not proceed or continue,
the employee is entitled to resume work at a time
nominated by his or her employer within 2 weeks after the date on which the employee
gives his or her employer a notice in writing stating that the employee intends
to resume work and the reason for the intended resumption.
36.9.3 Special
leave not affected
This section does not affect an employee's entitlement
to special maternity leave under section 71.
36.10 Parental leave
and other leave
36.10.1 An
employee may take any annual leave or long service leave (or any part of it) to
which the employee is entitled instead of or in conjunction with parental
leave.
36.10.2 However,
the total period of leave cannot be so extended beyond the maximum period of
parental leave authorised by this Part.
36.10.3 Any
paid sick leave or other paid absence authorised by law or by an industrial
instrument or contract of employment is not available to an employee on
parental leave, except if the paid absence is annual leave or long service
leave or with the agreement of the employer.
36.11 Employee and
employer may agree to interruption of parental leave by return to work
36.11.1 An
employee on parental leave may, with the agreement of the employer, break the
period of leave by returning to work for the employer, whether on a full-time,
part-time or casual basis.
36.11.2 The
period of leave cannot be extended by such a return to work beyond the maximum
period of leave authorised by this Part.
36.11.3 Nothing
in this section affects any other work undertaken by the employee during
parental leave.
Note. Section
58(6) requires the employee when taking parental leave to provide the employer
with a statutory declaration, or enter into an agreement with the employer,
that the employee will not engage during leave in any conduct inconsistent with
the employee's contract.
36.12 Extension of
period of parental leave
36.12.1 An
employee may extend the period of parental leave once only by giving the
employer notice in writing of the extended period at least 14 days before the
start of the extended period. The period of leave cannot be extended by such a
notice beyond the maximum period of leave authorised by this Part.
36.12.2 An
employee may extend the period of parental leave at any time with the agreement
of the employer. The period of leave
can be extended by such an agreement beyond the maximum period of leave
authorised by this Part.
36.12.3 This
section applies to an extension of leave while the employee is on leave or
before the employee commences leave.
36.13 Shortening of
period of parental leave
An employee may shorten the period of parental leave
with the agreement of the employer and by giving the employer notice in writing
of the shortened period at least 14 days before the leave is to come to an end.
36.14 Return to work
after parental leave
36.14.1 An
employee returning to work after a period of parental leave is entitled to be
employed in:
(a) the position
held by the employee immediately before proceeding on that leave, or
(b) if the
employee worked part-time or on a less regular casual basis because of the
pregnancy before proceeding on maternity leave-the position held immediately
before commencing that part‑time work or less regular casual work, or
(c) if the
employee was transferred to a safe job under subclause 52.18 before proceeding
on maternity leave-the position held immediately before the transfer.
36.14.2 If
the position no longer exists but there are other positions available that the
employee is qualified for and is capable of performing, the employee is
entitled to be employed in a position as nearly as possible comparable in
status and pay to that of the employee's former position.
36.14.3 This
section extends to a female employee returning to work after a period of leave
under section 71 (Special maternity leave and sick leave).
36.14.4 An
employer who does not make available to an employee a position to which the
employee is entitled under this section is guilty of an offence.
36.14.5 In
this section, a reference to employment in a position includes, in the case of
a casual employee, a reference to work for an employer on a regular and
systematic basis.
Note. An
employee returning to work after parental leave may also have an entitlement to
work part-time under an industrial instrument or a part-time work agreement.
36.15 Employer's
obligations
36.15.1 Information
to employees
On becoming aware that an employee (or an employee's
spouse) is pregnant, or that an employee is adopting a child, an employer must
inform the employee of:
(a) the employee's
entitlements to parental leave under this Part, and
(b) the employee's
obligations to notify the employer of any matter under this Part.
An employer cannot rely on an employee's failure to
give a notice or other document required by this Part unless the employer
establishes that this subsection has been complied with in relation to the
employee.
36.15.2 Records
An employer must keep, for at least 6 years, a record
of parental leave granted under this Part to employees and all notices and
documents given under this Part by employees or the employer.
36.16 Termination of
employment because of pregnancy or parental leave
36.16.1 An
employer must not terminate the employment of an employee because:
(a) the employee
or employee's spouse is pregnant or has applied to adopt a child, or
(b) the employee
or employee's spouse has given birth to a child or has adopted a child, or
(c) the employee
has applied for, or is absent on, parental leave,
but otherwise the rights of an employer in relation to
termination of employment are not affected by this Part.
36.16.2 For
the purposes of establishing such a termination of employment, it is sufficient
if it is established that the alleged reason for termination was one of two or
more reasons for termination.
36.16.3 This
section does not affect any other rights of a dismissed employee under this or
any other Act or under any industrial instrument or contract of employment, or
the rights of an industrial organisation representing such an employee.
Note. A dismissed employee may also make a claim for
unfair dismissal.
36.17 Replacement
employees
36.17.1 A
replacement employee is a person who is specifically employed as a result of an
employee proceeding on parental leave (including as a replacement for an
employee who has been temporarily promoted or transferred in order to replace
the employee proceeding on parental leave).
36.17.2 Before
a replacement employee is employed, the employer must inform the person of the
temporary nature of the employment and of the rights of the employee on
parental leave to return to work.
36.17.3 A
reference in this section to an employee proceeding on parental leave includes
a reference to a pregnant employee exercising a right under section 70 to be
transferred to a safe job.
36.18 Transfer to a
safe job
36.18.1 This
section applies whenever the present work of a female employee is, because of
her pregnancy or breastfeeding, a risk to the health or safety of the employee
or of her unborn or new born child. The assessment of such a risk is to be made
on the basis of a medical certificate supplied by the employee and of the
obligations of the employer under the Occupational
Health and Safety Act 1983.
36.18.2 The
employer is to temporarily adjust the employee's working conditions or hours of
work to avoid exposure to that risk.
36.18.3 If
such an adjustment is not feasible or cannot reasonably be required to be made,
the employer is to transfer the employee to other appropriate work that:
(a) will not
expose her to that risk, and
(b) is as nearly
as possible comparable in status and pay to that of her present work.
36.18.4 If
such a transfer is not feasible or cannot reasonably be required to be made,
the employer is to grant the employee maternity leave under this Part (or any
available paid sick leave) for as long as is necessary to avoid exposure to
that risk, as certified by a medical practitioner.
36.18.5 An
employer who does not comply with any obligation imposed on the employer by
this section is guilty of an offence.
36.19 Special
maternity leave and sick leave
36.19.1 If
the pregnancy of an employee terminates before the expected date of birth
(other than by the birth of a living child), or she suffers illness related to
her pregnancy, and she is not then on maternity leave:
(a) the employee
is entitled to such period of unpaid leave (to be known as special maternity
leave) as a medical practitioner certifies to be necessary before her return to
work, or
(b) the employee
is entitled to such paid sick leave (either instead of or in addition to
special maternity leave) as she is then entitled to and as a medical
practitioner certifies to be necessary for her return to work.
36.20 Special adoption
leave
(a) An employee
who is seeking to adopt a child is entitled to up to 2 days unpaid leave if the
employee requires that leave to attend compulsory interviews or examinations as
part of the adoption procedure.
PART
7
MISCELLANEOUS
37. Lockers
Where there are five or more employees, an employer shall
provide locker accommodation for each employee.
38. Notice Board
An employer shall permit the erection in a prominent
position to be decided by the employer on the employer's premises of a notice
board of reasonable dimensions or a number of such notice boards reasonable in
the circumstances, upon which an accredited representative of an industrial
union of employees bound by this Award shall be permitted to post formal union
notices signed by the secretary of the union concerned. Provided that such notices shall be referred
to the employer before being posted on the notice board. Any notice posted on a board not so signed
or not referred to the employer may be removed by an accredited representative
of the union concerned or by the employer.
39. Damage to Clothing and Physical Aids
Where the clothing and/or physical aids of an employee are
damaged or destroyed by any substance used in the course of the employee's
employment, the employer shall reimburse the employee to the full extent of the
employee's loss.
For the purpose of this clause, the words "physical
aids" shall be deemed to include crutches, artificial members, eyes or
teeth, hearing aids, spectacle glasses and other artificial aids.
40.
Shop Stewards and Representatives
Shop stewards and official union representatives shall be
recognised by the employer and shall be allowed time off during working hours
to interview the employer if there is any legitimate complaint. Shop stewards
shall have reasonable access to a telephone during working hours.
41.
Trade Union Training Leave
41.1 Subject to
subclause 41.2, a Union delegate or elected employee work place representative
shall, upon application in writing, be granted up to five days' leave with pay
each calendar year, non-cumulative, to attend courses conducted or approved by
the Australian Trade Union Training Authority which are designed to promote
good industrial relations and industrial efficiency within the button industry.
This notice to the employer must include details of the
type, content and duration of the course to be attended.
41.2 Employers
may approve leave in accordance with this clause, subject to the following
limitations:
41.2.1 Where
the employer employs up to and including 49 employees in a workplace, 5 union
delegates or elected workplace representatives may be granted 5 days' leave per
calendar year.
41.2.2 Where
the employer employs between 50 and 150 employees inclusive in a workplace, 10
union delegates or elected work place representatives may be granted 5 days'
leave per calendar year.
41.2.3 Where
the employer employs 150 or more employees in a workplace, 15 union delegates
or elected workplace representatives may be granted 5 days' leave per calendar
year.
41.2.4 The
numbers contained in this clause may be varied by mutual agreement between the
Union and an employer.
41.3 The granting of
such leave shall be subject to the employee or the Union giving at least one
calendar month's notice of the intention to attend such course, or such lesser
period as may be agreed between the employer, the Union and the employee
concerned.
Provided that the taking of such leave shall be
arranged so as to minimise any adverse effect on the employer's operations.
41.4 Leave of
absence granted pursuant to this clause shall count as service for all
purposes.
41.5 Each employee
on leave approved in accordance with this clause shall be paid all ordinary
time earnings which normally become due and payable during the period of the
leave.
41.6 All expenses
(such as travel, accommodation and meals) associated with or incurred by the
employee attending a training course during leave approved pursuant to this
clause shall be the responsibility of the employee or the Union unless
otherwise agreed between the employer, the Union and the employee concerned.
41.7 Should an
employee granted leave pursuant to this clause fail to attend the nominated
course, the employer shall be notified by the Union as soon as practicable, and
no payment is to be made by the employer in respect of leave for the employee
concerned.
41.8 In the event
that a scheduled rostered day off resulting from a work arrangement established
in accordance with clause 230 falls within a period of leave approved pursuant
to this clause, no alternative day shall be substituted in lieu.
41.9 Employees granted
leave pursuant to this clause shall inform their employer after the completion
of the course of the nature of the course and their observations on it.
42.
Jury Service
An employee required to attend for jury service during
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of attendance for such jury
service and the amount of the award classification rate he/she would have
received had he/she not been on jury service. An employee shall notify his/her
employer as soon as possible of the date upon which he/she is required to
attend for jury service. Further, the
employee shall give his/her employer proof of attendance, the duration of such
attendance and the amount received in respect of such jury service.
Provided that where an employee is working on afternoon or
night shift and is required to attend for jury service and is empanelled or is
required to remain until the afternoon session of Court, he/she shall not be
required to attend for work on the shift occurring on the same day in the case
of afternoon shift, or in the case of night shift on the shift preceding the
period of jury service, and shall be entitled to reimbursement as indicated
above. Provided that in the case of night shifts this provision shall only
apply where the night shift is rostered to finish on the morning the employee
is called for jury service.
43.
Blood Donors
A weekly employee who is absent during ordinary working
hours to attend a recognised clinic for the purpose of donating blood shall not
suffer any deduction of ordinary pay, up to a maximum of two hours on each
occasion and subject to a maximum of four separate absences each calendar
year. Provided that such employee shall
arrange, as far as practicable, for their absence to be as close as possible to
the beginning or the ending of their ordinary working hours.
Proof of the attendance of the employee at a recognised
place for the purpose of donating blood, and the duration of such attendance,
shall first be furnished to the satisfaction of the employer. Further, the
employee shall notify their employer as soon as possible of the time and date
upon which they are requesting to be absent for the purpose of donating blood.
44.
Attendance at Hospital
An employee suffering an injury through an accident arising
out of and in the course of the employee’s employment (not being an injury in
respect of which the employee is entitled to workers' compensation) necessitating
the employee’s attendance during working hours at a doctor or at hospital,
shall not suffer any deduction from their pay for the time (not exceeding four
hours) so occupied on the day of the accident, and shall be reimbursed by the
employer all expenses reasonably incurred in connection with such attendance.
45.
Accident Pay
45.1 An employer
shall pay and an employee shall be entitled to receive accident pay in
accordance with this clause.
45.2 Definitions -
For the purposes of this clause and subject to the terms thereof the words
hereunder shall bear the respective definitions set out hereunder:
45.2.1 Workers'
Compensation Act - The Workers' Compensation Acts applicable in New South Wales
are the Workers’ Compensation Act
1987 as amended from time to time, and the Workplace
Injury Management and Workers Compensation Act 1998 as amended from time to
time.
45.2.2 Injury
- Injury shall be given the same meaning and application as applying under the
respective Workers’ Compensation Acts. No injury occurring at the place of
employment shall result in the application of accident pay unless an
entitlement exists under such Acts.
45.2.3 Accident
Pay -
(a) Total
Incapacity - In the case of an employee who is or is deemed to be totally
incapacitated within the meaning of the Workers Compensation Acts means a
weekly payment of an amount representing the difference between, on one hand,
the total amount of compensation, including other allowances, paid to the
employee during incapacity for the week in question and, on the other hand, the
total weekly award rate and weekly overaward payment, if any, being paid to
such employee at the date of the injury.
Provided that, in making such calculation, any payment for overtime
earnings, shift premiums, attendance bonus, incentive earnings under any system
of payment of results, fares and travelling time allowances, penalty rates and
any other ancillary payments payable by the employer shall not be taken into
account.
(b) Partial
Incapacity - In the case of an employee partially incapacitated within the
meaning of the Workers’ Compensation Acts, means a weekly payment of an amount
representing the difference between, on the one hand, the total amount of
compensation paid to the employee during incapacity for the week in question,
together with the average weekly amount the employee is earning or is able to
earn in some suitable employment or business (as determined expressly or by
implication by the appropriate Accident or Workers' Compensation Tribunal or its
equivalent in the State or Territory of employment or as agreed between the
parties) and, on the other hand, the total weekly award rate and weekly
overaward payment, if any, being paid to such employee at the date of the
injury. Provided that, in making such calculation, any payment for overtime
earnings, shift premiums, attendance bonus, incentive earnings under any system
of payment by results, fares and travelling time allowances, penalty rates and
any other ancillary payments payable by the employer shall not be taken into
account.
The total weekly award rate and weekly overaward
payment abovementioned shall be the same as that applying for a total
incapacity. Provided that, where an employee receives a weekly payment of
compensation under the Workers Compensation Acts and subsequently such payment
is reduced pursuant to the said Act, such reduction shall not increase the
liability of the employer to increase the amount of accident pay in respect of
that injury.
(c) Payment for
Part of a Week - Where an employee receives accident pay and such pay is
payable for incapacity for part of a week the amount shall be a direct pro
rata.
45.3 Qualifications
for Payment - Always subject to the terms of this clause, an employee covered
by this award shall, upon receiving payment of compensation and continuing to
receive such payment in respect of a weekly incapacity within the meaning of
the Workers’ Compensation Acts, be paid accident pay by their employer who is liable to pay compensation
under the respective Acts. The
liability by the employer for accident pay may be discharged by another person
on the employer’s behalf, provided that:
45.3.1 Accident
pay shall only be payable to an employee whilst they remain in the employment
of the employer by whom they were employed at the time of the incapacity.
Provided that if an employee on partial incapacity cannot obtain suitable
employment from their employer but such alternative employment is available
with another employer then the relevant amount of accident pay shall still be
payable.
Provided further that, in the case of the termination
by an employer of an employee who is incapacitated and receiving accident pay,
accident pay shall continue to apply subject to the provisions of this clause
except in those cases where:
(a) the
termination is due to serious and/or wilful misconduct on the part of the
employee; or
(b) arises from a
declaration of liquidation of the company, in which case the employee's entitlement
shall be determined by the appropriate New South Wales legislation.
In order to qualify for the continuance of accident pay
on termination an employee shall, if required, provide evidence to their
employer of the continuing payment of weekly workers' compensation payments.
45.3.2 Accident
pay shall not apply in respect of any injury sustained during the first five
normal working days of incapacity.
45.3.3 An
employee on engagement may be required to declare all workers' compensation
and/or accident claims made pursuant to the Acts as herein defined in the
previous five years. In the event of
false or inaccurate information being deliberately and knowingly declared the
employer may require the employee to forfeit their entitlement to accident pay
under this award.
45.4 Maximum Period
of Payment - The maximum period or aggregate of periods of accident pay to be
made by an employer shall be a total of 26 weeks for any one injury as defined
in paragraph 45.2.2.
45.5 Absences on
Other Paid Leave - An employee shall not be entitled to the payment of accident
pay in respect of any period of paid annual leave or long service leave or for
any paid public holiday in accordance with the appropriate award provisions.
45.6 Notice of
Injury - An employee upon receiving an injury for which the employee claims to
be entitled to receive accident pay shall give notice in writing of the injury
to their employer and of its manner of happening as soon as practicable and
shall provide in writing all other information as the employer may reasonably
require.
45.7 Furnishing of
Evidence - An employee who has suffered any injury for which they are receiving
payment or payments for incapacity in accordance with the provisions of the
respective Workers Compensation Acts shall furnish evidence to the employer
from time to time as required by the employer of such payments. Compliance with this obligation shall be a
condition precedent to any entitlement under this clause.
Any employee who is receiving or who has received
accident pay in respect of any injury shall, if required by the employer or
other person on the employer’s behalf, authorise their employer to obtain any
information required concerning such injury or compensation payable from the
insurance company.
45.8 Medical
Examination - Nothing in this clause shall in any way be taken as restricting
or removing the employer's rights under the respective Workers Compensation
Acts to require the employee to submit themself to examination by a legally
qualified medical practitioner, provided and paid by the employer. If the employee refuses to submit themself
to such examination or in any way obstructs the same, the employee’s right to
receive or continue to receive accident pay shall be suspended until such
examination has taken place.
Where in accordance with the respective Workers
Compensation Acts a medical referee gives a certificate as to the condition of
the employee and the employee’s fitness for work or specifies work for which
the employee is fit and such work is made available by the employer and refused
by the employee or the employee fails to commence the work, accident pay shall
cease from the date of such refusal or failure to commence the work.
Where an employer is unable to provide work of the
nature stipulated by the medical referee, an employee shall take all reasonable
steps to obtain such work with another employer and, in the event of the
employee’s failure to do so, payment of accident pay shall cease.
45.9 Insurance
Against Liability - Nothing in this clause shall require an employer to insure
against the employer’s liability for accident pay nor shall it affect the right
of an employer to terminate the employment of the employee.
45.10 Variation in Compensation
Rates - Any changes in compensation rates under the respective Acts shall not
increase the amount of accident pay above the amount that would have been
payable had the rates of compensation remained unchanged.
45.11 Death of
Employee - All rights to accident pay shall cease on the death of an employee.
45.12 Safety
Regulations - Without prejudice to the terms of this clause the Union shall use
its endeavours to have its members carry out all statutory and other
regulations applicable to the employment of such members and to further carry
out any orders relating to the preservation of safety given by or on behalf of
any employer of its members.
45.13 Superannuation -
An employer shall pay superannuation contributions paid in accordance with clause
21 to an employee receiving accident pay in accordance with this clause.
PART 8
AWARD COMPLIANCE AND RELATED MATTERS
46.
Time Book, Sheet Or Records
46.1 The employer
shall provide in each factory, workshop or place where work is being performed,
a time and wages book or sheet or records, which shall have correctly recorded
in ink, or by other means except pencil and in the English language, the
following particulars:
46.1.1 The
initials and surname and classification or classifications (when engaged on
mixed functions) of each employee.
46.1.2 The
date of birth and experience and time work rate of pay of improvers in respect
of new employees at the date of engagement.
46.1.3 The
number of hours of ordinary time worked by each employee each day and each week
and the amount of weekly superannuation contributions paid in accordance with
clause 21.
46.1.4 The
number of hours of overtime worked by each employee each day and each week.
46.1.5 The
total amount of wages paid to each employee each week.
46.1.6 The
actual name of the day and the date of each day of each week and also the name
of the day and the date on which each week ends.
46.1.7 All
holiday, annual leave, long service and sick leave payments.
46.2 Where any
employee is employed under any system of payment by results, the employer shall
keep a correct record of the rates and of the class and number of articles or
parts of articles on which work is done by such employee each week.
46.3 For further
information, see the Industrial Relations
Act 1996.
47.
Entry and Inspection By Officers of Industrial Organisations
47.1 Each breach of
this clause shall be a separate breach of this award
47.2 Part 7, Chapter
5 of the Industrial Relations Act
1996, Entry and inspection by officers of industrial organisations, as amended
from time to time shall be incorporated into and read as part of this Award.
Provided, however, and it is hereby expressly declared that nothing in this
clause shall be deemed to confer additional rights of entry or inspection or
rights which are inconsistent with Part 7, Chapter 5 of the Industrial Relations Act 1996 as amended
from time to time.
47.3 Part 7, Chapter
5 of the Industrial Relations Act 1996
provides as follows:
47.3.1 Definitions
(a) In this Part:
authorised industrial officer means an officer or
employee of an industrial organisation of employees who holds an instrument of
authority for the purposes of this Part issued by the Industrial Registrar
under section 299 of the Act
employees' records includes records of the remuneration
of employees, part-time work agreements with the employees or other records
relating to the employees that are required to be kept by the employer by or
under the industrial relations legislation or an industrial instrument.
officer of an industrial organisation includes any
person who is concerned in, or takes part in, the management of the
organisation.
relevant employee, when used in connection with the
exercise of a power by an authorised officer of an industrial organisation,
means an employee who is a member of the organisation or who is eligible to
become a member of the organisation.
47.3.2 This
Part does not confer authority on an authorised industrial officer to enter any
premises for the purposes of holding discussions with employees or of an
investigation if:
(a) the persons
employed at that place are employed by a person who holds a certificate of
conscientious objection under section 212 (3) of the Act because of membership of
a religious society or order (such as the Brethren), and
(b) none of the
persons employed at those premises are members of an industrial organisation,
and
(c) there are no
more than 20 persons employed at those premises.
47.4 Right of entry
for discussion with employees
An authorised industrial officer may enter, during
working hours, any premises where relevant employees are engaged, for the
purpose of holding discussions with the employees at the premises in any lunch
time or non-working time.
47.5 Right of entry
for investigating breaches
47.5.1 An
authorised industrial officer may enter, during working hours, any premises
where relevant employees are engaged, for the purpose of investigating any
suspected breach of the industrial relations legislation, or of any industrial
instrument that applies to any such employees.
47.5.2 For
the purpose of investigating any such suspected breach, the authorised
industrial officer may:
(a) require any
employer of relevant employees to produce for the officer's inspection, during
the usual office hours at the employer's premises or at any mutually convenient
time and place, any employees' records and other documents kept by the employer
that are related to the suspected breach, and
(b) make copies of
the entries in any such records or other documents related to any such
suspected breach.
47.5.3 An
authorised industrial officer must, before exercising a power conferred by this
section, give the employer concerned at least 24 hours' notice.
47.5.4 The
Commission or the Industrial Registrar may, on the ex parte application of an
authorised industrial officer, waive the requirement to give the employer
concerned notice of an intended exercise of a power conferred by this section
if the Commission or the Industrial Registrar is satisfied that to give such
notice would defeat the purpose for which it is intended to be exercised.
47.5.5 If
the requirement for notice is waived under paragraph 47.5.4.
(a) the Commission
or Industrial Registrar is to give the authorised industrial officer a warrant
authorising the exercise of the power without notice, and
(b) the authorised
industrial officer must, after entering the premises and before carrying out any
investigation, give the person who is apparently in charge of the premises the
warrant or a copy of the warrant
47.6 Provisions
relating to authorities issued to officers
47.6.1 The
Industrial Registrar may, on application, issue an instrument of authority for
the purposes of this Part to an officer or employee of an industrial
organisation of employees.
47.6.2 An
authorised industrial officer is required to produce the authority:
(a) if requested
to do so by the occupier of any premises that the officer enters, or
(b) if requested
to do so by a person whom the officer requires to produce anything or to answer
any question.
47.6.3 The
authority:
(a) remains in
force until it expires or is revoked under this section, and
(b) expires when
the person to whom it was issued ceases to be an officer or employee of the
industrial organisation of employees concerned.
47.6.4 The
Industrial Registrar may, on application, revoke the authority if satisfied
that the person to whom it was issued has intentionally hindered or obstructed
employers or employees during their working time or has otherwise acted in an
improper manner in the exercise of any power conferred on the person by this
Part.
47.6.5 An
application for the revocation of an authority is to set out the grounds on
which the application is made.
47.6.6 A
person to whom an authority has been issued under this section must, within 14
days after the expiry or revocation of the authority, return the authority to
the Industrial Registrar for cancellation.
47.7 No entry to
residential premises without permission - An authorised industrial officer does
not have authority under this Part to enter any part of premises used for
residential purposes, except with the permission of the occupier.
47.8 Offences
47.8.1 An
authorised industrial officer must not deliberately hinder or obstruct the
employer or employees during their working time.
47.8.2 A
person must not deliberately hinder or obstruct an authorised industrial
officer in the exercise of the powers conferred by this Part.
47.8.3 A
person must not, without lawful excuse, fail to comply with a requirement of an
authorised industrial officer under this Part.
47.8.4 A
person must not purport to exercise the powers of an authorised industrial
officer under this Part if the person is not the holder of a current authority
issued by the Industrial Registrar under this Part.
47.9 Powers of
Commission
The Commission may deal with an industrial dispute
about the operation of this Part, but does not have any jurisdiction to make an
award or order conferring additional or inconsistent powers of entry or
inspection.
Industrial relations legislation means any of the following
Acts and the regulations made under any such Act:
This Act
Annual Holidays
Act 1944
Employment
Protection Act 1982
Long Service
Leave Act 1955
Long Service
Leave (Metalliferous Mining Industry) Act 1963.
An industrial instrument means an award, an enterprise
agreement, a public sector industrial agreement, a contract determination or a
contract agreement.
48.
Workplace Consultation
48.1 Enterprises
covered by this award shall establish a consultative mechanism and procedures
appropriate to their size, structure and needs for consultation and negotiation
on matters affecting their efficiency, productivity, hours of work, enterprise
bargaining, redundancy and workplace change.
48.2 Consultative
mechanisms/practices shall be implemented within each enterprise where agreement
exists between employers, employees and the Union.
48.3 The form,
structure and method of implementing consultative mechanisms/practices shall be
determined at the enterprise level through negotiation between the employer,
employees and the Union. The Union shall where involved be represented in the
consultative process by shop stewards.
48.4 The Union
agrees that at enterprises where consultative mechanisms/practices are in place
the parties may, by agreement, vary the application of designated award
conditions referred to in this award. The Union shall be party to the
ratification of any agreement but shall not unreasonably withhold such
agreement where the employees genuinely agree.
49.
Posting of Award
49.1 A current copy
of this award shall be exhibited by each employer in a prominent place
accessible to all employees.
50. Long Service
Leave
50.1 An employee
shall be entitled to long service leave in accordance with the provision of the
Long Service Leave Act 1955.
51.
Amenities
51.1 Lighting and
Heating - In connection with every factory or workshop, the employer shall make
provision for adequate warmth during cold weather and cooling during hot
weather where necessary (fans or the like) and adequate light for the employees
to perform their work, and as far as possible artificial light shall be
avoided.
51.1.1 For
the purposes of this clause a factory or workshop shall include any building,
establishment, depot or place where any person is employed upon any work to
which this award is applicable.
51.1.2 The
requirements specified by this subclause shall also apply to any dining room
and/or rest room provided by the employer in accordance with the provisions of
subclauses 51.6 or 51.7.
51.2 Floor Covering
- Suitable floor coverings shall be placed before machines and no employee
shall be required to stand on bare concrete, stone or wooden floors when
operating or attending to their workstation or machine. Such floors shall be
covered in a manner to adequately ensure comfortable and safe conditions.
51.3 Drinking Water
- Refrigerated, clean and wholesome drinking water shall be provided in places
easily accessible to all employees. Drinking water kept in a refrigerator shall
constitute compliance with this subclause.
51.4 State Regulations
- The laws and regulations in force from time to time in New South Wales
relating to factories and workshops in respect to sanitation, lavatories,
factory cleanliness, heating and light and limitations as to the weights
permitted to be lifted or carried, shall be incorporated into and be read as
part of this award insofar as such laws and regulations do not conflict with
this award. Provided, however, and it is hereby expressly declared that nothing
in this clause shall be deemed to abrogate, effect, repeal, amend or in any
degree render inoperative any State law except of any inconsistency of such
State law with this award.
51.5 Toilet
Accommodation - Notwithstanding the foregoing, a separate toilet shall be provided
in factories where mixed sexes are employed, and approaches thereto properly
separated for the sexes, shall be provided.
51.6 Dining
Accommodation -
51.6.1 An
employer of more than 10 employees shall provide a separate room (reasonably
convenient to the working area) or portion of the factory or workshop as a
dining room and keep the same and its facilities hygienically clean.
(a) Dining room
tables shall be of laminated plastic top construction or be covered by some
material which can be kept hygienically clean.
(b) The seating
provided shall be fitted with backs.
(c) An adequate
supply of boiling water shall be made readily available to employees without
charge at the time at which their meal break or rest period commences. The
employer shall also provide a refrigerator and a facility for heating food.
(d) The size of
the dining room, the number of tables and its seating accommodation shall be
adequate if at least three quarters of the employees taking a meal break at the
one time are able to use the same in reasonable manner and without congestion.
(e) The dining
room shall not be used for work room or work room storage purposes.
51.6.2 An
employer of more than 10 employees may make an application to the Industrial
Relations Commission of New South Wales for exemption from any of the
provisions of paragraph 51.6.1 and the Commission may grant such exemption
provided that it is satisfied either:
(a) that is it
impracticable for such employer to provide the said dining room and/or
facilities; or
(b) that for some
other good reason exemption from the provisions of such paragraph ought to be
granted to such employer.
Provided that where such an exemption is obtained, the
disability payments prescribed in clause 52 shall still be payable.
51.6.3 Without
affecting the rights of any party before the Industrial Relations Commission of
New South Wales, the Commission shall consider and, if necessary, make
recommendations as to the suitability or otherwise of the dining room and/or
dining room facilities of a particular employer before proceedings for breach
of this clause or clause 52 may be taken.
51.7 Rest
Room -
51.7.1 In
any factory or workshop in which females are employed, a separate properly ventilated
room (reasonably convenient to the working area) with seating and a couch or
folding lounge shall be provided as a rest room.
An area enclosed by permanent partitioning of hardboard
or the like, at least six feet high, with a door or curtained doorway shall be
acceptable as a separate room. Where a folding lounge is provided, it shall be
set up for immediate use. A pillow, blanket and hot water bottle shall be
provided. The rest room and its facilities shall be kept ready for immediate
use.
The rest room shall not be used for work room or work
room storage purposes.
51.7.2 An
employer of less than 10 female employees may make an application to the
Industrial Relations Commission of New South Wales for exemption from any of
the provisions of clause 51.7.1 and such a tribunal may grant such exemption
provided that it is satisfied either -
(a) that it is
impracticable for such employer to provide the said rest room and/or
facilities; or
(b) that for some
other good reason an exemption from the provisions of such paragraph ought to
be granted to such employer.
Provided that where such an exemption is obtained, the
disability payments prescribed in clause 52 shall still be payable.
51.7.3 Without
affecting the right of any party before the Industrial Relations Commission of
New South Wales, the Commission shall consider and, if necessary, make
recommendations as to the suitability or otherwise of the dining and/or rest
room facilities of a particular employer before proceedings for breach of this
clause and/or clause 52 may be taken.
51.8 Hanging
Facilities - Each employer shall at some reasonably convenient place on the
employer’s premises provide proper hanging facilities which afford reasonable
protection for employees' clothes.
52.
Disability Allowance
52.1 Subject to
paragraphs 51.6.2 and/or 51.6.3 where a dining room and/or its facilities, in
any establishment having more than ten employees, are inadequate in that they
do not satisfy the provisions of subclause 51.6 the employer shall, in addition
to the rates set out elsewhere in this award, pay to each employee in that
establishment a disability allowance as set in Item 6 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, per day for each day worked by such
employee whilst suffering such disability of inadequate conditions.
Where such dining room and its facilities are only
adequate for a lesser number of employees than the required minimum prescribed
by paragraph 51.6.2, the disability referred to shall be deemed to have been
suffered by the balance of the total employees in that establishment taking a
meal break at the one time. In such case the total amount of the disability
payments due to the number of employees who suffered such disability shall be
shared equally amongst all the employees in that establishment.
52.2 Subject to
paragraphs 51.7.2 and/or 51.7.3 where a rest room and/or its facilities, in an
establishment, are inadequate in that they do not satisfy the provisions of
subclause 51.7 the employer shall, in addition to the rates set out elsewhere
in this award, pay to each female employee in that establishment a disability
allowance as set in Item 6 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, per day for each day worked by such employee whilst suffering
such disability of inadequate conditions.
The disability referred to shall be deemed to have been
suffered by all female employees in that establishment during that period of their
respective employment when the rest room and its facilities were not of the
prescribed standard.
Provided that an employer shall not be held liable for
payment of such disability allowance should any of the equipment specified in
paragraph 51.7.1 supplied by the employer be subsequently missing through no
fault of such employer.
52.3 Any excess
wages payable to an employee on account of work performed or for any other
reasons shall not be off-set against the disability payments prescribed in this
clause.
53.
Area, Incidence and Duration
53.1 This award
shall apply to all employees engaged in the manufacture and/or treatment of
buckles, buttons and of badges in the State of New South Wales, excluding the
County of Yancowinna.
53.2 This award
shall take effect from the beginning of the first pay period to commence on or
after 8 July 2002 and shall remain in force thereafter for a period of twelve
months.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Rates of pay from the beginning of the first pay period to
commence on or after 8 July 2002
|
Skill
|
Description
|
Award
|
|
Level
|
|
Rate Per Week
|
|
|
|
$
|
|
1
|
Trainee/ Labourer
|
431.40
|
|
2
|
General Operations Duties
|
456.50
|
|
3
|
Warehouse Duties
|
470.70
|
|
4
|
Technically Skilled and Assistant Supervisor
|
491.50
|
|
5
|
Trades person/ Assistant Foreperson
|
523.20
|
|
6
|
Production Support Supervisor
|
546.10
|
|
7
|
Supervisor
|
566.90
|
Table 2 - Other Rates and Allowances
Allowances from the beginning of the first pay period to
commence on or after 8 July 2002
|
Item No
|
Clause No
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
20.1
|
First-aid Allowance
|
8.90 per week
|
|
2
|
20.2
|
Leading Hand Allowance
|
Per week
|
|
|
|
|
|
|
|
|
In charge of up to 10 employees
|
18.80
|
|
|
|
In charge of 11 to 20 employees
|
27.40
|
|
|
|
In charge of 21 or more employees
|
33.20
|
|
3
|
20.8
|
Payment by Results Systems -
|
|
|
|
|
Employee who instructs learners
|
|
|
|
|
1st Week
|
4.50
|
|
|
|
2nd Week
|
4.00
|
|
|
|
3rd Week
|
3.50
|
|
|
|
continue instructing a learner thereafter
|
3.50
|
|
4
|
20.9
|
Change of shifts without
|
14.70
|
|
|
|
2 days' notice - compensation
|
|
|
5
|
20.10
|
Meal Allowance
|
6.30
|
|
|
|
For each subsequent meal
|
4.60
|
|
6
|
52.1
|
Disability Allowance
|
$3.20 per day
|
|
|
52.2
|
Inadequate dining and/or rest facilities
|
$3.20 per day
|
E. A. R. BISHOP,
Commissioner.
____________________
BUTTONS (STATE) INDUSTRIAL COMMITTEE
Industries and Callings
All persons engaged in the manufacture and/or treatment of
buckles, buttons and of badges in the State of New South Wales excluding the
County of Yancowinna;
Excepting employees within the jurisdiction of the Textile
Workers (State) and Metal Engineering and Associated Industries (State)
Industrial Committees.
____________________
Printed by
the authority of the Industrial Registrar.