UNIVERSITY UNIONS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Applications by Employers First, State peak council of employers, and the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

 

(Nos. IRC 6047 of 1996 and 7688 of 2001)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.      Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Classification Structure

4.         Terms of Employment

5.         Part-Time Work

6.         Casual Employees

7.         Hours

8.         Make-Up Time

9.         Meal Break/Rest Pause

10.       Wages

11.       Mixed Functions

12.       Overtime and Penalty Rates

13.       Public Holidays

14.       Juniors

15.       Apprentices

16.       Payment of Wages

17.       Annual Leave

18.       Annual Leave Loading

19.       Long Service Leave

20.       Parental Leave

21.       Sick Leave

22.       Personal/Carer’s Leave

23.       Bereavement Leave

24.       Work Clothes and Safety Equipment

25.       Laundry Allowance

26.       First-Aid

27.       Jury Service

28.       Blood Donors

29.       Redundancy

30.       Supported Wage

31.       Training Wage

32.       Anti-Discrimination

33.       Grievance Handling and Dispute Procedure

34.       Exhibition of Award in Workplace

35.       Employee Representative and Union Business

36.       Exemptions

37.       Savings

38.       Superannuation

39.       Enterprise Bargaining

40.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Other Rates and Allowances

 

Appendix A - Training Wage Rates

 

Table 1 - Weekly Rates - Industry/Skill Level A

Table 2 - Weekly Rates - Industry/Skill Level B

Table 3 - Weekly Rates - Industry/Skill Level C

Table 4 - School Based Traineeships

Table 5 - Hourly Rates for Trainees who have left school

Table 6 - Hourly Rates for school based Traineeships

 

Attachment A - Industry/Skill Levels

 

2.  Definitions

 

2.1        "University Union" is a body, being either an incorporated or unincorporated association of members established under the auspices of a University as the principal provider of services as exemplified in 2.2 below, to the university community.

 

2.2        Examples of "University Union services" include:

 

operation of food and bar services;

 

catering and retail facilities;

 

conferencing and special events;

 

sporting facilities and programs;

 

lounge and recreational areas;

 

social, cultural and recreational activities;

 

support for student clubs and societies; and

 

programs which assist in the development of students and other facilities or services required by students and others within the University community.

 

2.3        "Casual Employee" means an employee who is engaged as such and paid as such.

 

2.4        "Employee" means an employee whose conditions of employment are regulated by this award.

 

2.5        "Fixed Term Employee" means an employee who is engaged as a full-time or part-time employee for a fixed period.

 

2.6        "Full-Time Employee" means a permanent employee who is engaged to work an average of 38 ordinary hours per week in accordance with this award.

 

2.7        "Part-Time Employee" is defined in Clause 5.

 

2.8        "Sessional Employee" is defined in subclause 4.3.

 

3.  Classification Structure

 

3.1        The following classification structure shall apply:

 

3.1.1     Level One

 

Is an employee who is:

 

3.1.1.1              providing general assistance to employees of a higher grade, not including cooking or direct service to customers, and is primarily engaged in one or more of the following:

 

General cleaning, gardening and labouring tasks.

 

Cleaning and tidying of kitchens, food preparation and customer service areas, including the cleaning of equipment, crockery and general utensils.

 

Assembly and preparation of ingredients for cooking.

 

Setting and/or wiping down tables, removing food plates, emptying ashtrays and/or picking up glasses.

 

Assisting in social, cultural or sporting events.

 

Handling pantry items and linen

 

Progression to Level Two will depend upon successful application and availability of a position.

 

3.1.2     Level Two

 

Means an employee who is primarily engaged in one or more of the following:

 

Undertaking general waiting duties of both food and/or beverages, including cleaning of equipment, preparation of tables and sideboards, clearing tables and taking customer orders at a table.

 

Supplying, dispensing or mixing of liquor including cleaning of bar area and equipment, preparing the bar for service, taking orders and serving drinks and assisting in the cellar.

 

Heating pre-prepared meals and/or preparing simple food items, such as sandwiches, salads and toasted foodstuffs.

 

Taking orders or bookings by telephone or whilst stationed at a fixed ordered point.

 

Serving food and/or beverages to tables.

 

Receipt of monies, giving change, operation of cash registers, use of electronic swipe input devices.

 

Specialised cleaning duties involving the use of specialised cleaning equipment and/or chemicals.

 

Allocated building, maintenance or gardening duties.

 

Service from a snack bar, buffet or meal counter;

 

Greeting and seating guests under general supervision.

 

Attending a cloakroom.

Assisting with classes and directing leisure, sport and recreational activities.

 

Receiving, storing and distributing goods not involving the extensive use of documents and records.

 

Progression to Level Three will depend upon successful application and availability of a position.

 

3.1.3     Level Three

 

(a)        Food and Beverage Operation / Health, Fitness and Indoor Sports Centre / Miscellaneous

 

Means an employee who is primarily engaged in one or more of the following:

 

Preparing and cooking a limited range of basic food items such as breakfasts, grills and snacks.

 

Receiving, storing and distributing goods not involving the control of the store or cellar.

 

Waiting duties of food and/or beverages, including providing assistance in choosing the meal and wines by providing detailed information when required of each item listed on menus, advising customers on the appropriate choices of wine and providing information on wine types and all items on the wine list, taking customer orders, serving food and/or beverages, supervises or undertakes the clearing of tables after and during meals, receipt of monies, taking reservations, greeting and seating guests.

 

Security work requiring the holding of an appropriate license

 

Instructor who works directly with more qualified staff to provide supervision of a group or individual fitness activity or program, only after commencing a recognised course or undertaking accredited training;

 

Aerobics instructor undertaking accredited training with less than 12 months experience in the industry;

 

Recreational/leisure activities, involving the planning, and/or co-ordinating and/or conduct of individual leisure, games, promotional and/or entertainment activities;

 

Maintaining machinery, plant and technical equipment for routine building and/or grounds maintenance but not possessing the appropriate trade qualifications.

 

Driving a passenger vehicle or courtesy bus.

 

Technical assistant including computer room duties, lighting and sound set up.

 

Assisting in the instruction on a one to one basis of employees of a lower grade.

 

Progression to Level Four will depend upon successful application and availability of a position.

 

(b)       Shop Assistant

 

A shop assistant means an employee engaged in a shop, other than a take away food shop or restaurant.

 

Progression to Level Four will depend upon successful application and availability of a position.

 

3.1.4     Level Four

 

Means an employee who is primarily engaged in one or more of the following:

 

Undertaking general cooking duties; including a la carte cookery, baking, pastry cooking or butchery.

 

Full control of a cellar, retail or food/beverage outlet; with duties encompassing general purchasing and stock control.

 

Performing specialist waiting duties in a fine dining or otherwise complex environment such as those performed by a head waiter.

 

Providing basic supervision and instruction to employees of a lower grade.

 

Planning and/or co-ordinating of conferences or other banquets.

 

Aerobics instructor who has undertaken accredited training plus who has a minimum of 12 months of regular employment in the industry.

 

Non Trade Graphic Art, design and printing

 

Designing, preparing and serving a range of sophisticated cocktails and other drinks, or duties performed by a head bar person.

 

Progression to Level Five will depend upon successful application and availability of a position.

 

3.1.5     Level Five

 

Means an employee who is primarily engaged in one or more of the following:

 

Trade work appropriate to an employee’s trade, and who has completed an apprenticeship or who has passed the appropriate trade test such as cookery and printing/graphic arts.

 

Responsible for supervision, training and co-ordination (including rostering) of employees within their respective work area to ensure delivery of service.

 

Instructor (including Aerobics instructor) who conducts more than one level or type of class or activity and who may assist in the design and delivery of programs and is capable of assessing participants.

 

Progression to Level Six will depend upon successful application and availability of a position.

 

3.1.6     Level Six

 

Means an employee who is engaged in supervising, training and co-ordinating staff and who is responsible for the maintenance of service and operational standards.  Duties may include preparation of operational reports, development of stock control and security procedures, menu planning, staff rostering and staff recruitment and induction, but an employee at this grade shall not have the right to engage or terminate the services of employees.

 

3.1.7     Level Seven

 

Is an employee who has completed an apprenticeship or has passed the appropriate trade tests in cookery, butchery, baking, or pastry cooking and has completed appropriate additional training and who is engaged in supervision of other trade qualified cooks.

3.2        Trainee means an employee engaged as a trainee under the Training Wage Clause 31.

 

3.3        The above levels cover all employees of university union, but not managerial staff whose principal functions are not described in the level descriptions. Where an employee’s duties are not mentioned within these classifications, the employee shall be classified in a level that, by reference to the level descriptors, most closely reflects the skills and responsibilities of the job.

 

4.  Terms of Employment

 

4.1        Employees shall be engaged on a full-time, part-time or casual basis.

 

4.2        Full-time and part-time employees may be engaged as a permanent employee, sessional employee or fixed term employee.

 

4.3        Sessional Employees

 

4.3.1     Employees may be engaged to work full-time or part-time during University Semester dates as promulgated by the university from time to time.

 

4.3.2     An employee engaged in a full-time or part-time capacity as a sessional employee is entitled in all other respects to the provisions of this award on a pro rata basis, provided that accrued and untaken leave entitlements will carry forward to the next engagement period.

 

4.3.3     Subject to Clause 4.3.1, during University examination and recess periods, sessional employees may elect either:

 

4.3.3.1              not to be available to work during such periods; or

 

4.3.3.2              to be available for work during such periods in full-time or a part-time capacity; or

 

4.3.3.3              to be available for work but only in a casual capacity.

 

4.3.4     During University examination and recess periods, a sessional employee will receive preference over casual employees subject to sufficient work being available to comply with the rostering requirements applicable to their status.

 

4.4        Upon engagement an employee shall be informed by the employer of:

 

4.4.1     Whether the employee is to be engaged on a full-time, part-time, sessional or casual basis.

 

4.4.2     The employee’s classification, job description and the duties to be performed.

 

4.4.3     The working times including when meal breaks and rest breaks will be taken.

 

4.4.4     Who will supervise the employee.

 

4.4.5     The training the employee will receive.

 

4.4.6     The career path the employee can expect.

 

4.4.7     Whether the employee starts work on probation (not applicable to apprentices or trainees).

 

4.5        Leaving Employment

 

4.5.1     An employer may terminate the employment of a full-time or part-time, employee by giving the amount of notice set out below for the employee's period of continuous employment or by paying the employee the monies the employee would otherwise have earned during this period:

 

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

 

4.5.2     Nothing in this clause shall affect the right of the employer to dismiss an employee without notice for misconduct.  This may include, but is not limited to, an employee acting dishonestly in employment or an employee failing to carry out a lawful and reasonable direction.

 

4.5.3     A full-time or part-time employee, when leaving employment, must give the employer at least one week’s notice or forfeit wages for any part of the notice period not worked.

 

4.5.4     On termination of employment for any reason the employer will give a full or part-time employee a certificate of service stating how long the employee had worked for the employer and what job the employee did.

 

4.6        Employees shall perform such work as the employer shall, from time to time, reasonably require (including working reasonable overtime) provided the employee is competent to do the work or, if not, the employer is prepared to train the employee to do the work.

 

4.7        Where an employee is detained at work after the normal finishing time and it is then too late to travel by the employee’s usual transport to go home, the employer shall either arrange transport or repay the employee’s taxi fare.

 

4.8        Employees shall not be asked to pay any cash shortages unless the employee deliberately failed to charge the customer the full amount or deliberately failed to collect the amount payable.

 

5.  Part-Time Work

 

5.1        A part-time employee shall mean a weekly employee engaged to work:

 

5.1.1     not less than 3 hours per day;

 

5.1.2     not less than 12 hours per week; and

 

5.1.3     not more than an average of 128 hours over a four week period.

 

5.2        A part-time employee may agree to different arrangements to those set out in Clause 5.1 by way of a part-time work agreement as provided in the Industrial Relations Act 1996.

 

5.3        A part-time employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a full-time employee of the same classification contained in Table 1 of this Award.

 

5.4        Any hours worked by a part-time employee outside the ordinary hours of work as set out in Clause 7, or in addition to the 38 hours per week shall be paid at overtime rates.

 

5.5        Subject to this clause, all the provisions of this award shall apply to a part-time employee on a pro rata basis.

 

6.  Casual Employees

 

6.1        The ordinary daily working hours of casual employees will not be more than 10 hours in any one engagement not including the time taken for meal breaks.  By agreement between the employer and the employee, hours per engagement may be not more than 12 including the time taken for meal breaks (employees under 18 years old will not be required to work more than 10 hours in any one shift), without the payment of a penalty under subclause 12.1.

 

 

6.2        A casual employee is entitled to a minimum engagement of 3 continuous hours except:

 

6.2.1     A 1 hour minimum start shall apply where the employee is involved in the presentation or conducting of sports games/training (eg. instructors); or

 

6.2.2     A $15.00 minimum payment shall apply to a student of the University employed to assist with social, cultural or sporting events, e.g. putting up posters, handing out leaflets, making banners, taking bookings for social, cultural and sports events, selling tickets for band nights and other functions, assisting with quiz nights and other like functions, providing service to students such as hiring equipment, as well as other related functions.

 

7.  Hours

 

7.1        The ordinary hours of work, exclusive of meal breaks, shall not exceed thirty eight (38) hours per week. These ordinary hours may not be averaged over more than a 4 week period.  The span of ordinary hours for shop assistants (as defined in Level 3b) shall be between the hours of 6.00 am to 9.00 pm.

 

7.2        Full-time and part-time employees will work not more than 5 days per week or, by agreement between the employer and the employee, not more than 20 days in a 4 week period. Provided that ordinary hours may be worked on six days in one week if in the following week ordinary hours are worked on not more than four days.

 

7.3        Rosters

 

7.3.1     The employer shall display a roster in a place accessible to all employees.  The roster shall set out the starting, finishing and meal times for full-time and part-time employees for each week.  The roster shall be posted at least seven days before its commencement.

 

7.3.2     Subject to other clauses of this award, employees must work at such times and on such days as the employer needs them. An employer cannot change the roster of a full-time or part-time employee without giving the employee 7 days notice except in an emergency beyond the employer's control.  The employer will discuss any change with the employee and try to take into account the employee’s family and personal needs.

 

7.4        The ordinary daily working hours of full-time and part-time employees will not be more than 10 hours in any one shift not including the time taken for meal breaks.  By agreement between the employer and the employee, an employee, other than an employee under 18 years old, may work up to 12 ordinary hours including the time taken for a paid meal break, without the payment of a penalty under Clause 12.1.

 

7.5        If a full-time employee works less than 3 hours on a shift the employee will be paid for no less than 3 hours worked.

 

7.6        Break Between Shifts

 

Full-time and part-time employees will be given 10 clear hours off between finishing work on one shift (including overtime) and starting work on the next shift, or paid double the employees ordinary rate of pay for all time worked until the employee has had ten clear hours off.

 

7.7        Broken Shifts

 

Where an employee works a broken shift the employer will pay the employee for not less than 8 hours worked on any one shift.  The shift will be spread over not more than 2 periods within a span of not more than 14 hours inclusive of meal breaks.  For each broken shift worked, an employee shall be paid an allowance of one half of the hourly ordinary rate of pay payable from time to time to employees at the level 2 work classification.  This subclause does not apply to shop assistants (as defined in Level 3b).

 

8.  Make-Up Time

 

8.1        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during 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.

 

8.2        An employee on a regular night shift 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.

 

9.  Meal Break/Rest Pause

 

9.1        An employee who is engaged to work in excess of 5 hours shall be given an unpaid meal break of between 30 minutes and 1 hour. This meal break shall be given after working not more than 5 hours.  For full-time and part-time employees, the second meal break will be a paid break, and the employee will be paid a meal allowance for the second break the amount of which is set out in Item 1 of Table 2 of Part B, or be given a meal.

 

9.2        In addition, employees engaged in the preparing, selling or serving of food, beverages or refreshments:

 

9.2.1     may agree to work up to six hours without a break for a meal;

 

9.2.2     shall be provided with a meal when the unpaid meal break is given.

 

9.3        In addition to a part-time or full-time employee’s meal break(s), such employee will be given a paid rest pause of ten minutes once during each work period of 5 hours.

 

10.  Wages

 

10.1      Full-Time Employees

 

10.1.1   Adult full-time employees shall be paid the appropriate minimum weekly wage rate for the employees grade as set out in Table 1 of Part B.

 

10.1.2   The rates of pay in this award include the adjustments payable under the State Wage Case 2002.  The arbitrated safety net adjustment increases may be offset against any equivalent overaward payments.

 

10.1.3   Wage rates will be calculated to the nearest 10 cents.

 

10.2      Part-Time Employees

 

Part-time employees shall be paid in accordance with Clause 5 - Part-Time Work.

 

10.3      Casual Employees

 

10.3.1   Casual employees, excluding those engaged as shop assistants (as defined in Level 3b), will be paid for each hour worked 1/38th of the weekly rate for the grade which applies to the employee plus 20%.  All overtime and other penalty payments will be calculated on this rate.

 

10.3.2   Casual shop assistants (as defined in Level 3b) will be paid for each hour worked 1/38th of the weekly rate for the grade which applies to the employee plus 17.5%.  All overtime and other penalty payments will be calculated on this rate.

 

10.3.3   Casual employees are also entitled to be paid 1/12th of the employee’s ordinary pay in accordance with the Annual Holidays Act 1944 (NSW).

 

11.  Mixed Functions

 

11.1      An employee who is required by the employer to carry out work on a temporary basis that carries a higher rate of pay than the employee’s ordinary classification, shall be paid the higher rate while doing that work.  This clause shall not apply to work performed under supervision for training purposes.

 

12.  Overtime and Penalty Rates

 

12.1      If the employer requires an employee to work:

 

12.1.1   overtime being for full-time employees more than 38 hours per week or the employer may average these hours over up to a 4 week period;

 

12.1.2   overtime being more than the ordinary daily working hours set out in 7.4;

 

12.1.3   on a Saturday (except if the employee works a regular night shift referred to in Clause 12.2);

 

12.1.4   on a Sunday;

 

12.1.5   on a public holiday;

 

the employer will pay the employee extra wages (called a penalty) being:

 

in the case of 12.1.1 and 12.1.2 time and one half of the ordinary rate of pay for the first 2 hours worked and after that double time,

 

in the case of 12.1.3 for ordinary hours on Saturday, time and a quarter of the ordinary rate of pay for all time worked,

 

in the case of 12.1.4 for ordinary hours on Sunday, time and a half of the ordinary rate of pay for all time worked, and

 

in the case of 12.1.5 for work on a public holiday, two and a half times the ordinary rate of pay for all time worked.

 

12.2      Where an employee works ordinary hours between midnight and 6.00 am they are to be paid an extra 30% penalty for all time worked during these hours.  Notwithstanding the foregoing, if the employee works more than half of a regular shift on any day between midnight and 6.00 am, the employer will pay the employee for all time worked on that shift an extra 30% penalty and paragraphs 12.1.2 and 12.1.3 will not apply to the employee.  The above penalties are not payable for work on Sundays and public holidays, or for overtime worked under subclause 12.1.

 

12.3      Time Off In Lieu of Payment for Overtime

 

The employee may, with the consent of the employer take time off within 12 months of becoming entitled to these payments instead of being paid with the time off being calculated at the rate of one hour off for every hour worked.  Time off not taken within 12 months will be paid out at the overtime rates applying at the time it was earned.

 

13.  Public Holidays

 

13.1      The days on which the following holidays are observed shall be holidays under this award, namely, New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day and any day which may hereafter be proclaimed a public holiday throughout the State and the picnic day of the union, which shall be held on a day to be determined each year by agreement between the employer and the employees.  Provided that where a day is observed either as a picnic day or as an additional day by the general body of employees in any establishment, then such day may be substituted for the picnic day of the union as a holiday for any employees in that establishment entitled to such a picnic day or additional day as a holiday under this award.

 

13.2      Work performed on a public holiday shall be paid in accordance with Clause 12.

 

13.3      An employee other than a casual employee who is not rostered to work, and does not ordinarily work, on the day on which a public holiday falls is not entitled to any payment, as the employee will not suffer a loss of pay as a result.

 

13.4      If an employee, other than a casual employee, is not normally rostered to work regularly on the same days each week and the employee is not rostered to work on a public holiday, the employer will either pay the employee an additional day’s wages, or add a day to the employees annual holiday’s leave, or give the employee another day off on ordinary pay within 28 days after or within one week before that public holiday.

 

13.5      An employer may not change an employee’s normal rosters to avoid paying the employee for a public holiday.

 

13.6      If an employee, other than a casual employee, is absent from work on the working day before or the working day after a public holiday without reasonable excuse, the employee shall not be entitled to payment for such a holiday.

 

14.  Juniors

 

The minimum weekly wage rate for a junior employee shall be calculated by applying the following percentages of the appropriate adult rate for the classification in which the employee is employed:

 

Age	%
17 years of age and under	62
18 years of age	70
19 years of age	80
20 years of age	90

 

15.  Apprentices

 

15.1      The minimum weekly wage rate for apprentices shall be calculated by applying the following percentages to the total rate of a Grade 5 employee.

 

Four year apprentice cooks	% of Grade 5
1st year (or equivalent training stage)	46
2nd year (or equivalent training stage)	54
3rd year (or equivalent training stage)	67
4th year (or equivalent training stage)	80

 

"Equivalent training stage" recognises that an employee could receive credit for training undertaken prior to the commencement of the employees apprenticeship or have the ability to accelerate the period of the employees apprenticeship.

 

15.2      Tool Allowance

 

An apprentice in cooking who provides the employees own tools shall be paid an allowance set out in Item 2 of Table 2 of Part B.

 

16.  Payment of Wages

 

16.1      All wages will be paid weekly, or by agreement with the employee fortnightly or monthly, by cheque or electronic funds transfer.

 

16.2      Wages will be transferred not later than 3 working days following the end of any pay period.

 

16.3      All wages will be calculated in 15 minute intervals for time worked of less than an hour.

 

17.  Annual Leave

 

An employee covered by this award is entitled to annual leave in accordance with the Annual Holidays Act 1944 and subsequent amendments to that Act.

 

18.  Annual Leave Loading

 

18.1      In this clause the Annual Holidays Act 1944 is referred to as 'the Act'.

 

18.2      Before an employee (other than a casual employee) is given and takes annual leave, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one (1) separate period, then before each of such separate periods, the employer shall pay his/her employee a loading determined in accordance with this clause.

 

NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause 18.6.

 

18.3      The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

18.4      The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each separate period.

 

NOTE: See subclause 18.6 as to holidays taken wholly or partly in advance.

 

18.5      The loading is the amount payable for the period of annual leave at the rate per week of seventeen and one half percent (17.5%) of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include any amount prescribed for Saturday, Sunday or public holiday loadings or any other allowances, penalty rates, overtime or any other payment prescribed by this award.

 

18.6      No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause 18.5 of this clause applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

18.7      Where, in accordance with the Act, an employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned

 

(a)        An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause.

 

(b)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.

 

18.8      Where the employment of an employee is terminated by the employer, for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause 18.4 for the period not taken.

 

18.9      Except as provided in subclause 18.8 no loading is payable on the termination of an employee's employment.

 

18.10    This clause extends to an employee who is given and takes an annual holiday and who would ordinarily have worked on a weekend, or who might have worked such hours as would qualify for a night shift penalty as described in Clause 12.2. Provided that if the amount to which the employee would have been entitled for weekend or night shift penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the annual leave loading.

 

18.11    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 between the employer and the employee.

 

18.12    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.

 

19.  Long Service Leave

 

An employee covered by this award shall be entitled to long service leave in accordance with the provisions under the Long Service Leave Act 1955 and subsequent amendments to that Act.

 

20.  Parental Leave

 

See Industrial Relations Act 1996.

 

21.  Sick Leave

 

21.1      An employee, other than a casual employee, who has worked for the employer for more than one month shall be entitled to up to 38 hours off in the first year of employment and 60.8 hours off in each of the second and subsequent years of employment without loss of pay if the employee is unable to attend work because the employee is ill or has been injured.

 

21.2      An employee employed by the employer on 15 February, 1993 and who is still employed by that employer may have rights to cash in some or all of any sick leave entitlement accumulated to that date when the employee’s employment terminates, in accordance with the Industrial Relations Act 1996.

 

21.3      The employee shall, within 24 hours of the commencement of such absence, inform the employer of his/her inability to attend for duty and, as far as possible, state the nature of the illness or injury and the estimated duration of the absence. The employee shall furnish to the employer such evidence as the employer reasonably may desire that he/she was unable by reason of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

21.4      Sick Leave accumulates from year to year for three years, that is, sick leave not taken in each year of service will be available to the employee for a period of three years from the end of each such year.  Provided that the sick leave conditions for shop assistants (as defined in Level 3b) engaged prior to 13 December 2001 will not be changed.

 

22.  Personal/Carer’s Leave

 

22.1      Use of Sick Leave

 

22.1.1   An employee, other than a casual, with responsibilities in relation to a class of person set out in Clause 22.1.3.2 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 21, 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.

 

22.1.2   The employee shall, if required, establish 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.

 

22.1.3   The entitlement to use sick leave in accordance with this subclause is subject to:

 

22.1.3.1            the employee being responsible for the care and support of the person concerned; and

 

22.1.3.2            the person concerned being:

 

22.1.3.2.1         a spouse of the employee; or

 

22.1.3.2.2         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;

 

22.1.3.2.3         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

 

22.1.3.2.4         a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

22.1.3.2.5         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 or 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.

 

22.1.4   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.

 

22.2      Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 20.1.3.2 above who is ill.

 

22.3      Annual Leave

 

22.3.1   An employee may elect, with the consent of the employer and 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.

 

22.3.2   Access to annual leave, as prescribed in paragraph 22.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

22.3.3   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.

 

22.4      Time Off in Lieu of Payment for Overtime

 

22.4.1   For the purpose only of providing care and support for a person in accordance with subclause 22.1 of this clause, and despite the provisions of subclause 12.3 the following provisions shall apply:

 

22.4.2   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.

 

22.4.3   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.

 

22.4.4   If, having elected to take time as leave in accordance with paragraph 22.4.2 of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

22.4.5   Where no election is made in accordance with the said paragraph 22.4.2, the employee shall be paid overtime rates in accordance with the award.

 

22.5      Make-up Time -

 

22.5.1   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.

 

22.5.2   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.

 

23.  Bereavement Leave

 

23.1      An employee, other than a casual employee, shall be entitled to up to three days bereavement leave in each year of employment without deduction of pay on the death of a person prescribed in 23.3 below.

 

23.2      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.

 

23.3      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 22.1.3, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

23.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which employee has already been granted other leave.

 

23.5      Bereavement leave may be taken in conjunction with other leave available under subclauses 22.1,22.2, 22.3, 22.4 and 22.5 of Clause 22 - Personal/Carer’s Leave.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.  Work Clothes and Safety Equipment

 

24.1      The employer will provide an employee with all necessary safety equipment and clothing.  The employee must use/wear these items at all times when necessary and must take good care of them.

 

24.2      The employer will replace all broken or lost items but the employer can ask the employee to pay the employer back if they are lost or broken because of carelessness of the employee.  The onus of proving this will be on the employer.

 

25.  Laundry Allowance

 

25.1      The employer will launder an employee’s special clothing or pay the employee a laundry allowance the amount of which is set out in Item 3 of Table 3 of Part B.

 

25.2      Special clothes are those which the employer asks the employee to wear as a uniform and which the employee could not use for everyday wear or, if the employee is a chef or cook, the employees uniform.

 

26.  First - Aid

 

26.1      An employee nominated by the employer to perform the duties of First Aid Officer shall be paid a weekly allowance as contained in Item 4 of Table 2 - Other Rates and Allowances for each week or per shift as set out in Item 4 of Table 2 - Other Rates and Allowances for each shift the employee is nominated to perform such tasks provided that:

 

the employee shall keep the certificate in a state of currency; and

 

shall undertake to keep abreast of new first aid methods relevant to such certificate; and

 

the employer shall provide training for employees to obtain and maintain a first aid certificate.

 

27.  Jury Service

 

27.1      A full-time or part-time employee shall be allowed leave of absence during any period when required to attend for jury service.

 

27.2      During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's award rate of pay as if working.

 

27.3      An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.

 

28.  Blood Donors

 

If an employee wishes to donate blood, the employee may do so during working hours without loss of pay provided that:

 

28.1      The time and day selected meet with the employer’s convenience and does not unduly disrupt the employers operations.

 

28.2      The employee is able to donate blood at a place within 5 walking minutes of the workplace.

 

28.3      The employee must provide the employer with proof that the employee donated blood; and

 

28.4      This entitlement is limited to a maximum of 2 hours on no more than 3 occasions in any one year of employment.

 

29.  Redundancy

 

This clause only applies to employers which have 15 or more employees (whether employed under this award or otherwise) immediately before taking a decision to make an employee redundant.

 

If it is necessary to make an employee redundant the employer will:

 

29.1      Only do so if there is no other job the employer can reasonably give the employee, bearing in mind the employee’s skills and experience and any training that can reasonably be given to the employee.

 

29.2      Give the employee as much notice as possible and, in any event, not less than the period of notice set out below for the employee’s period of continuous employment:

 

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

 

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.

 

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.

 

29.3      If the employee accepts a transfer to lower paid duties, maintain the employees higher rate of pay for the period of notice set out in subclause 29.2 above.

 

29.4      Also give the employee one day a week off without loss of pay for each week of notice set out in subclause 29.2 above to look for another job, provided that the employee tells the employer beforehand details of what the employee will be doing.

 

29.5      Give the employee a written statement that the employee is to be made redundant, together with details of the employee’s employment record with the employer.

 

29.6      Pay the employee severance pay in accordance with the following table:

 

Years of Service	Number of Weeks Severance Pay
	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

 

 

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

 

"Week’s pay" means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with this award.

 

However, an employer can apply to the Industrial Relations Commission for permission to pay a lower amount if the employee gets another job or if an employer cannot afford to pay all or part of those severance moneys.

 

30.  Supported Wage

 

30.1      Definitions

 

30.1.1   "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 with the Supported Wage System.

 

30.1.2   "Assessment Instrument" 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.

 

30.1.3   "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.

 

30.1.4   "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".

 

30.2      Application

 

30.2.1   This clause applies only to employees 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, because of the effects of a disability on the employees productive capacity and who meet the impairment criteria for the receipt of a Disability Support Pension.

 

30.2.2   This 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.

 

30.2.3   This clause does not apply to employers in respect of the employers facility, programme, 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 Section 10 or Section 12A of the Act, or if a part only has received recognition, that part.

 

30.3      Wages

 

30.3.1   Following the trial period prescribed in paragraph 31.4.5, employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by the relevant parent award for the class of work which the person is performing according to the following schedule:

 

Assessed Capacity Rate	% of Relevant Parent Award
10%	10%
20%	20%
30%	30%
40%	40%
50%	50%
60%	60%
70%	70%
80%	80%
90%	90%

 

NOTATION:  Where a person’s assessed capacity is 10% the person shall receive a high degree of assistance and support.

 

30.3.2   The minimum weekly ordinary time rate of pay payable to the employee during the trial period shall be no less than $53.00 per week.

 

30.3.3   Notwithstanding anything otherwise contained in this award, the weekly ordinary time rate of pay for employees employed under the terms of this clause shall not be less than $53.00 or such other amounts as are fixed from time to time by an competent Commonwealth Government Authority for the purposes of the Supported Wage System.

 

30.3.4   The weekly wage shall be the rate of pay for all purposes.

 

30.4      Employment Conditions

 

30.4.1   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:

 

30.4.1.1            The employer and the union to which the employee belongs, in consultation with the employee or, if desired by an of these:

 

30.4.1.2            The employer, the employee and an accredited Assessor.

 

30.4.2   Lodgement of assessment instrument

 

30.4.2.1            All assessment instruments under the conditions of this award, including the appropriate percentage of the award rate to be paid to the employee, shall be lodged by the employer with the Registry of the Industrial Relations Commission of NSW.

 

30.4.2.2            All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registry to the union by certified mail and shall take effect unless an objection is notified to the Registry within ten working days.

 

30.4.3   Review of assessment

 

The assessment of the applicable percentage shall be subject to annual review or earlier on the basis of a reasonable request for such a review.  The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

 

30.4.4   Workplace adjustment

 

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job.  Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.

 

30.4.5   Trial Period

 

30.4.5.1            In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provision of this award for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

 

30.4.5.2            During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

 

30.4.5.3            Work trials should include induction or training as appropriate to the job being trailed.

 

30.4.5.4            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 subparagraph 30.4.5.2.

 

31.  Training Wage

 

(1)        Objectives

 

The objective of this clause is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed.  The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Nothing in this award shall be taken to replace the prescription of training requirements in this Award.

 

(2)        Definitions

 

Structured Training - means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant NSW Training Authority.  It includes training undertaken both on and off-the-job in a traineeship scheme and involves formal instruction, both theoretical and practical, and supervised practice.  The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification set out in Clause 31 (3)(f).

 

Relevant Union - means the Shop, Distributive and Allied Employees' Association, New South Wales, the Shop Assistants and Warehouse Employees’ Federation of Australia, Newcastle and Northern, New South Wales, and the Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, New South Wales Branch.

 

Trainee - is an individual who is a signatory to a training agreement registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job.  A trainee can be full-time, part-time or school-based.

 

Traineeship - means a system of training which has been approved by the relevant NSW Training Authority, and includes full-time traineeships and part-time traineeships including school-based traineeships.

 

Training Agreement - means an instrument which establishes a Traineeship under the Apprenticeship and Traineeship Act 2001.  (Note:  Under the Apprenticeship and Traineeship Act 2001 a training agreement is also referred to as an indenture). 

 

Training Plan - means a programme of training which forms part of a Training Agreement registered with the Relevant NSW Training Authority.

 

School-Based Trainee - is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.

 

Relevant NSW Training Authority - means the Department of Education and Training, or successor organisation.

 

Year 10 - for the purposes of this award any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

 

(3)        Traineeship Conditions

 

(a)        The Trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the Relevant NSW Training Authority in an accredited and relevant traineeship.

 

(b)        A Traineeship shall not commence until the relevant Training Agreement, has been signed by the employer and the trainee and lodged for registration with the Relevant NSW Training Authority.

 

(c)        The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.

 

(d)        The employer shall provide a level of supervision in accordance with the Training Agreement during the traineeship period.

 

(e)        The employer agrees that the overall training program will be monitored by officers of the Relevant NSW Training Authority and that training records or work books may be utilised as part of this monitoring process.

 

(f)         Training shall be directed at:

 

(i)         the achievement of key competencies required for successful participation in the workplace (e.g. literacy, numeracy, problem solving, team work, using technology) and an Australian Qualification Framework Certificate Level I.

 

This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

 

(ii)        the achievement of key competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies) as are proposed to be included in an Australian Qualification Framework Certificate Level II or above.

 

(4)        Employment Conditions

 

(a)        A Trainee shall be engaged as a full-time employee for a maximum of one year's duration or a part-time trainee for a period no greater than the equivalent of one year full-time employment.

 

For example, a part-time trainee working 2 ½ days per week (including the time spent in approved training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.

 

In any event, unless the Relevant NSW Training Authority directs, the maximum duration for a traineeship shall be thirty six months.

 

By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship.

 

(b)        A trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer.

 

(c)        Where the trainee completes the qualification in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.

 

(d)        A traineeship shall not be terminated before its conclusion, except in accordance with the Apprenticeship and Traineeship Act 2001, or by mutual agreement.

 

An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Relevant NSW Training Authority of their decision.

 

(e)        The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training in accordance with the Training Agreement.

 

(f)         Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any Parent Award or any other legislative entitlements.

 

(g)

 

(i)         The Traineeship Agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.

 

(ii)        No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the Parent Award.

 

(iii)       No Trainee shall work shiftwork unless the relevant parties to this Award agree that such shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.

 

(iv)      The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the Parent Award.

 

(h)        All other terms and conditions of the this Award that are applicable to the Trainee or would be applicable to the Trainee but for this clause shall apply unless specifically varied by this clause.

 

(i)         A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the Traineeship shall not be entitled to any severance payment.

 

The following employment conditions apply specifically to part-time and school-based trainees:

 

(j)         A part-time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full-time trainee.  All the provisions of this award shall apply to part-time trainees except as specified in this clause.

 

(k)        A part-time trainee may, by agreement, transfer from a part-time to a full-time traineeship position should one become available.

 

(l)         The minimum daily engagement periods applying to part-time employees specified in the Parent Awards shall also be applicable to part-time trainees. 

 

Where there is no provision for a minimum daily engagement period in the Parent Award(s) or other industrial instrument(s), applying to part-time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:

 

(i)         a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, or

 

(ii)        the place of work is within a distance of 5km from the employee’s place of  residence.

 

(m)       School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.

 

(n)        For the purposes of this award, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.

 

(5)        Wages - Full-time Trainees

 

(a)        The weekly wages payable to full-time trainees are set out in Appendix A, are as follows:

 

Industry/Skill Level A	Table 1
Industry/Skill Level B	Table 2
School-Based Trainees	Table 4

 

(b)        These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes approved training as defined in this Award.

 

(c)        The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.

 

(d)        For the purposes of this provision, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to

 

(i)         include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

 

(ii)        include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10;

 

(iii)       not include any period during a calendar year in which a year of schooling is completed; and

 

(iv)      have effect on an anniversary date being January 1 in each year.

 

Wages for Part-Time and School-Based Trainees:

 

(e)        This sub clause shall apply to trainees who undertake a traineeship on a part-time basis by working less than full-time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.

 

(f)         Table 5 - Hourly Rates for Trainees Who Have Left School and Table 6 - Hourly Rates for School-based Traineeships of Part B, Monetary Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training.  These rates are derived from a 38 hour week.

(g)        The hours for which payment shall be made are determined as follows:

 

(i)         Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part-time trainee on-the-job.

 

(ii)        Where the approved training is undertaken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full-time traineeship):

 

(1)        If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

 

(2)        If the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

 

NOTE: 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full-time traineeships.

 

(iii)       Where the normal full-time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full-time hours.

 

(h)        For traineeships not covered by subclause 5(a) above, the following formula for the calculation of wage rates shall apply:

 

The wage rate shall be pro-rata the full-time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula:

 

Wage = Full-time wage rate x	Trainee hours - average weekly training time
	30.4*

 

* NOTE:  30.4 in the above formula represents 38 ordinary full-time hours less the average training time for full-time trainees (i.e. 20%) a pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary full-time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

 

(i)         "Full-time wage rate" means the appropriate rate as set out in Table 1 - Weekly Rates -Industry/Skill Level A, Table 2 - Weekly Rates - Industry/Skill Level B, Table 3 - Weekly Rates - Industry/Skill Level C and Table 4 - School-based Traineeships of Part B, Monetary Rates.

 

(ii)        "Trainee hours" shall be the hours worked per week including the time spent in approved training.  For the purposes of this definition, the time spent in approved vocational training may taken as an average for that particular year of the traineeship.

 

(iii)       "Average weekly training time" is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:

 

 

Average Weekly Training Time   =	7.6 x 12
	length of the traineeship in months

 

 

NOTE 1: 7.6 in the above formula represents the average weekly training time for a full-time trainee whose ordinary hours are 38 per week a pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary time hours for example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.

 

NOTE 2: The parties note that the traineeship agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies the parties also note that this would result in the equivalent of a full day’s on the job work per week.

 

Example of the Calculation for the Wage Rate For a Part-time Traineeship   A school student commences a traineeship in year 11 the ordinary hours of work in the Parent Award are 38. The training agreement specifies two years (24 months) as the length of the traineeship.   "Average weekly training time" is therefore 7.6 x 12/24 = 3.8 hours.   "Trainee hours" totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus 1-1/2 hours on the job training plus 2-1/2 hours off the job approved training at school and at TAFE.   So the wage rate in year 11 is:   $181 x 15 - 3.8 = $66.68 plus any applicable penalty rates under the Parent Award.                30.4   The wage rate varies when the student completes year 11 and passes the anniversary date of 1 January the following year to begin year 12 and/or if "trainee hours" changes.

 

32.  Anti-Discrimination

 

32.1      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.

 

32.2      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.

 

32.3      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.

 

32.4      Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

32.5      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."

 

33.  Grievance Handling and Disputes Procedure

 

33.1      Procedures Relating to Grievances of Individual Employees:-

 

33.1.1   The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

33.1.2   A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

33.1.3   Reasonable time limits must be allowed for discussion and resolution at higher levels of authority.

 

33.1.4   At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

33.1.5   While a procedure is being followed normal work must continue.

 

33.2      Procedures Relating to Disputes etc. Between Employers and their Employees:

 

33.2.1   A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduate steps for further discussion and resolution at higher levels of authority.

 

33.2.2   Reasonable time limits must be allowed for discussion at each level of authority.

 

33.2.3   While a procedure is being followed, normal work must continue.

 

33.3      The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

34.  Exhibition of Award in Workplace

 

The Industrial Relations Act 1996 requires that a copy of this award be exhibited in a conspicuous place at the university union.

 

35.  Employee Representative and Union Business

 

The employer will recognise any delegate elected in accordance with the rules of the appropriate trade union.  The employer will provide a Notice Board in a staff area for the delegate to place notices.

 

36.  Exemptions

 

36.1      Except as to the provisions of subclause 13.1, 13.2, 13.3 of Clause 13 - Public Holidays, Clause 17 - Annual Leave, Clause 21 - Sick Leave, Clause 22 - Personal/Carer’s Leave, Clause 23 - Bereavement Leave, Clause 20 - Parental Leave, Clause 27 - Jury Service, Clause 29 - Redundancy and Clause 38 - Superannuation, this award shall not apply to employees employed by the week who are in receipt of a weekly wage in excess of 15% above the rate set out in Table 1 - Wages of Part B, Monetary Rates for the highest grade in this award - provided that the wage is not inclusive of overtime payments and/or shift allowances due to the employee under this award.

 

This provision shall not be taken to effect any right to make other salary arrangements.

 

37.  Savings

 

37.1      Employees engaged as at 13 December 2001 at a rate of pay or associated conditions from the Club Employees (State) Award published 20 October 2000 (319 I.G. 589) or the Security Industry (State) Award published 2 November 2001 (329 I.G. 1):

 

37.1.1   shall not have this rate of pay or conditions reduced as a result of the coming into force of this award;

 

37.1.2   future State Wage Case increases will not be absorbed into the rate of pay from that award.

 

37.2      Stop work arrangements currently operating pursuant to the Club Employees (State) Award will not be affected by the operation of this award.

 

37.3      Except by agreement, no other existing employee shall lose income as a result of the coming into force of this award.

 

37.4      Except by agreement, no existing full-time, part-time or casual employee will be made a sessional employee.

 

37.5      No existing part-time employee working less than 12 hours per week shall be required to work a minimum of 12 hours per week.

 

38.  Superannuation

 

The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth) and s124 of the Industrial Relations Act 1996.  This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

39.  Enterprise Bargaining

 

39.1      The Industrial Relations Commission of New South Wales may approve enterprise agreements arising from this process pursuant to Part 2 - Division 1 of the Industrial Relations Act 1996.

 

39.2      Where any University Union or trade union indicate that they wish to negotiate an Enterprise Agreement in order to identify areas where improvements to conditions of employment and the efficient operation of the enterprise can be made, the parties shall attend meetings they have agreed to attend, provide documentation they have agreed to provide, and comply with agreed or reasonable negotiating procedures.

 

39.3      In negotiations for a proposed Enterprise Agreement, the parties will consider matters such as workplace reform, productivity and efficiency.

 

40.  Area, Incidence and Duration

 

40.1      This award applies to University Unions and their employees for the work described in the classification structure, except:

 

(1)        persons employed under the Miscellaneous Workers' - Kindergartens and Child Care Centres, &c., (State) Award published 22 June 2001 (325 IG 652), the Motels Accommodation and Resorts &c., (State) Award published 31 August 2001 (327 I.G. 244) and the University of Newcastle Union Food and Beverage Staff (State) Award published 28 September 2001 (328 IG 160);

 

(2)        persons performing work covered by the Clerical & Administrative Employees (State) Award published 14 February 1997 (296 I.G. 619)other than the work within the constitutional coverage of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch and the Shop, Distributive and Allied Employees' Association, New South Wales;

 

(3)        employees under a federal industrial instrument;

 

(4)        employees of a student representative council or sport and recreation association at a university campus where there is also a university union.

 

(5)        employees of the University of Western Sydney, Campbelltown Campus Student’s Association.

 

(6)        work performed at locations other than at the University Campus, unless that work is primarily for the benefit or services and use of University Union members.

 

40.2      This award rescinds and replaces the University Unions Interim (State) Award made 29 April and 24 May 2002.

 

40.3      This award takes effect from the beginning of the first pay period to commence on or after 17 September 2002 and shall remain in force for a period of twelve months.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Level	From the first pay period on or after 17 September 2002
	Per Week
	$
1	438.30
2	455.30
3(a)	480.90
3(b)	489.80
4	499.60
5	534.00
6	574.60
7	595.90

 

Table 2 - Other Rates And Allowances

 

Item.	Clause	Brief Description	Amount
No	No.		$
1	9.1	Meal Allowance	9.40
2	15.2	Apprentices Tool Allowance	0.57 per week
3	25.1	Laundry Allowance;
		- special clothing requiring ironing	2.72 per day to a maximum
			of 8.10 per week
		- special clothing not requiring ironing	1.60 per day to a maximum
			of 4.90 per week
4	26.1	First-Aid Allowance	8.30 per week
			1.66 per shift

 

 

APPENDIX A

 

Training Wage Rates

 

Table 1 - Weekly Rates - Industry/Skill Level A

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

 

	Highest year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	200.00	219.00	265.00
Plus 1 year out of school	219.00	265.00	309.00
Plus 2 years	265.00	309.00	359.00
Plus 3 years	309.00	359.00	410.00
Plus 4 years	359.00	410.00
Plus 5 years or more	410.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

Table 2 - Weekly Rates - Industry/Skill Level B

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.

 

	Highest year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	200.00	219.00	255.00
Plus 1 year out of school	219.00	255.00	294.00
Plus 2 years	255.00	294.00	345.00
Plus 3 years	294.00	345.00	392.00
Plus 4 years	345.00	392.00
Plus 5 years or more	392.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

Table 3 - Weekly Rates - Industry/Skill Level C

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.

 

	Highest year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	200.00	219.00	247.00
Plus 1 year out of school	219.00	247.00	278.00
Plus 2 years	247.00	278.00	311.00
Plus 3 years	278.00	311.00	347.00
Plus 4 years	311.00	347.00
Plus 5 years or more	347.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

Table 4 - School-Based Traineeships

 

	Year of Schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	200.00	219.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

Table 5 - Hourly Rates For Trainees Who Have Left School

 

Skill Level A	Year 10	Year 11	Year 12
	$	$	$
School leaver	6.58	7.20	8.72
Plus 1 year after leaving school	7.20	8.72	10.16
Plus 2 years	8.72	10.16	11.81
Plus 3 years	10.16	11.81	13.49
Plus 4 years	11.81	13.49
Plus 5 years or more	13.49
Skill Level B
School leaver	6.58	7.20	8.39
Plus 1 year after leaving school	7.20	8.39	9.67
Plus 2 years	8.39	9.67	11.35
Plus 3 years	9.67	11.35	12.89
Plus 4 years	11.35	12.89
Plus 5 years or more	12.89
Skill Level C
School leaver	6.58	7.20	8.13
Plus 1 year after leaving school	7.20	8.13	9.14
Plus 2 years	8.13	9.14	10.23
Plus 3 years	9.14	10.23	11.41
Plus 4 years	10.23	11.41
Plus 5 years or more	11.41

 

Table 6 - Hourly Rates For School-Based Traineeships

 

	Year of Schooling
	Year 11	Year 12
	$	$
Skills levels A, B and C	6.58	7.20

 

 

ATTACHMENT A

 

Industry/Skill Levels

 

Industry/Skill Level A - Office Clerical

 

Commonwealth Public Sector Clerical

 

State Public Sector Clerical

 

Local Government Clerical

 

Finance, Property and Business Services

 

Industry/Skill Level B - Wholesale and Retail

 

Recreation and Personal Services

 

Transport and Storage

 

Manufacturing

 

Industry/Skill Level C - Community Services and Health

 

Pastoral

 

Environmental

 

Wholesale and Retail

 

 

 

I. W. CAMBRIDGE, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.