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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BUTTON MAKERS (STATE) AWARD
  
Date02/21/2003
Volume338
Part5
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1646
CategoryAward
Award Code 077  
Date Posted02/20/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(077)

SERIAL C1646

 

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 16 years of age

55

At 17 years of age

59

At 17 years of age

64

At 18 years of age

69

At 18 years of age

75

At 19 years of age

80

At 19 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.

 

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