(828)

SERIAL C2637

 

BREAD INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5696 of 2003)

 

Before Commissioner Macdonald

5 February 2004 and 20 August 2004

 

REVIEWED AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

PART A

 

1.         Definitions

2.         Terms of Employment

3.         Classifications

4.         Rates of Pay

5.         Hours of Work

6.         Meals

7.         Shift Work

8.         Overtime

9.         Payment of Wages

9A.      Union Dues

10.       Holidays

11.       Annual Holidays

12.       Annual Holiday Loading

13.       Long Service Leave

14.       Sick Leave

15.       Personal Carers Leave

16.       Bereavement Leave

17.       Occupational Superannuation

18.       Shortage of Money or Bread

19.       Jury Service

20.       Redundancy

21.       Anti - Discrimination

22.       Settlement of Disputes

23.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay (See current Wage Schedule)

Table 2 - Other Rates and Allowances (See current Wage Schedule)

 

PART A

 

1.  Definitions

 

(i)         "Casual employee" means an employee who is engaged as such and paid as such.

 

(ii)        "Part-time employee" means a weekly employee who works a standard roster of ordinary hours which does not average more than 30 hours per week.

 

(iii)       "Full time employee" means a weekly employee whose ordinary hours of work do not average less than 38 hours per week.

 

(iv)       "Weekly employee" means a full time employee or a part time employee.

 

(v)        "Union" means The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales.

 

2.  Terms of Employment

 

(i)         Employees Generally.

 

(a)        With the exception of production supervisors, each employer shall fix a pay period which shall be common to the employer’s employees. Such pay period shall not be altered without 14 days notice.

 

(b)        Employment shall be terminated by a week’s notice on either side given at any time during the week or by the payment or forfeiture, as the case may be, of one week’s wages. This paragraph shall not apply with respect to casual employees.

 

(c)        When employment is terminated, wages and any other payments due shall be paid at the completion of the last week of employment.

 

(d)        The employer shall be entitled to dismiss any employee without notice for neglect of duty or other misconduct and in such cases the wages shall be paid up to the time of dismissal only.

 

(e)        Subject to clauses 10, 11, 13, 14, 15, 16, and 19 an employee not attending for duty shall lose pay for the actual time of such non-attendance.

 

(f)         Supply of clothing:  There shall be provided and maintained in good order and condition, for the use of every person engaged in the bakehouse in a manufacturing process, a sufficient supply of clothing consisting of -

 

(a)        an overall, or a bib apron or short trousers;

 

(b)       suitable head covering.

 

Provided that short trousers shall not be provided for the use of any person unless he/she agrees to wear short trousers.  All overalls, bib aprons and short trousers provided pursuant to this clause shall be of light coloured washable material and all head covering so provided shall be of light coloured washable or disposable material.  Each such person shall be provided with clean clothing at least twice weekly.

 

(g)        An employer shall provide protective clothing to employees of the employer so as to ensure the health, safety and welfare of such employees in accordance with the requirements of the Occupational Health and Safety Act 2000.

 

(h)        Baskets and basket covers, where they are required by the employer to be used, shall be supplied by the employer. Baskets shall be washed and basket covers laundered by the employer.

 

(i)         The employer shall provide an employee handling cash with a money bag, if it is required by the employee.

 

(j)         Employers shall provide a waterproof cape or coat to employees when they are required to work outdoors during wet weather.

 

(k)        Employees are responsible for the care and safekeeping of all issued articles from the employer and shall return each such article to the employer on request or on termination of their employment; in default, the employer may deduct from wages due an amount equal to its replacement value less reasonable depreciation, having regard to the condition of the item.

 

(l)         an employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training.

 

(ii)        Part-time Employees.

 

(a)        Part-time employees shall be paid at an hourly rate of one thirty eighth of the appropriate wage rate prescribed in clause 4, Rates of Pay and Allowances, of this award.

 

(b)        The ordinary hours of work for part time employees shall not exceed an average of 30 hours per week.

 

(c)        Part time employees when on sick leave, annual holiday, long service leave, jury service, bereavement leave or holidays, shall be paid the amount which they would have been paid for ordinary hours on the day if they had worked.

 

(d)        A full-time employee shall not be required to work as a part-time employee unless otherwise agreed.

 

(e)        Subject to this subclause, all provisions of this award shall apply to part-time employees.

 

(f)         The ordinary hours of work shall not be less than 4 hours on any day nor more than 10 hours on any day.

 

(iii)       Casual Employees.

 

(a)        Subject to this subclause the provisions of this award shall apply to a casual employee save and except the following clauses:

 

Clause 14.	Sick Leave
Clause 19.	Jury Service
Clause 16.	Bereavement Leave

 

(b)        The ordinary hours of work shall not be less than 2 hours on any day nor more than 10 hours on any day.

 

(iv)       Employment of Juniors.

 

(a)        The total wage for juniors shall be calculated to the nearest 10 cents.

 

(b)        A junior employee shall be entitled to full adult pay upon attaining the age of 18.

 

(c)        The number of juniors shall be limited to one per 10 or part thereof employees 18 years of age or over.

 

(v)        Employment of Apprentices - Apprentices shall be employed in accordance with the relevant provisions of the Apprenticeship and Traineeship Act 2001 and this award. The following provisions shall apply in respect of apprentices:

 

(a)        The period of apprenticeship for persons entering the trade of bread manufacturing shall be as set out in his/her training contract.

 

(b)        An apprentice who gains a pass at the Stages 1 examination of the trade or correspondence shall be paid a margin of an amount as set out in Item, Table 2  - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the award rate prescribed in this award for the remainder of the employee’s term of apprenticeship commencing from the first pay period in the calendar year following the examination.

 

(c)        An apprentice who completes successfully his/her full course in the bead manufacturing trade or correspondence course of technical training shall be paid a margin of an amount as set out in Item 2 of Table 2, in addition to the margin prescribed in paragraph (b) of this subclause and, in addition to the award rate prescribed within this award, for the remainder of his/her term of apprenticeship commencing from the first pay period in the calendar year following the examination.

 

(d)        An apprentice who passes at all stages of the trade course in the period normally required for its completion and whose workshop performance is satisfactory shall, during the lat six months of the apprenticeship or the balance of the apprenticeship whichever is the less, be paid at the rate, including shift penalty rates, prescribed for a tradesperson under this award.

 

(e)        An apprentice whose place of work and of residence are so situated that it is reasonably practicable for him/her to attend a registered training organisation which conducts the trade course, shall attend such registered training organisation for study in the trade course for the period necessary for him/her to qualify in the course and shall repeat any stage or any subject in a stage of the course which he/she has failed to complete satisfactorily; provided that an apprentice who, due to circumstances beyond his/her control, fails in any subject of the course, may continue with the course beyond the normal duration of the course if reports from the registered training organisation show that satisfactory progress is being made; and provided further that an apprentice who fails in any stage of the course may progress to the next stage of the course if permitted to do so by the registered training organisation under an arrangement approved by the New South Wales Department of Education and Training.

 

(f)         The registered training organisation fees for instruction of each apprentice shall be paid by the employer for each year of the trade course or correspondence course.

 

(g)        Any apprentice who is given time off during ordinary working hours for the purpose of attending at a registered training organisation for instruction and fails to so attend shall not be paid for such time off.

 

(h)        An employer shall reimburse to an apprentice all fares reasonably incurred in attending the registered training organisation.

 

(i)         An employer shall cooperate with the registered training organisation in the training of an apprentice in the manner recommended by the registered training organisation.

 

(j)         An apprentice who is not obliged to attend the trade course in accordance with subclause (c) of this clause shall study the trade course by correspondence, as conducted by the New South Wales Department of Education and Training. For the purpose of taking full advantage of the instruction by correspondence, the apprentice to whom this subclause shall apply, during ordinary working hours, shall study to carry out assignments of this course for two hours each week, and the employer shall pay such apprentice his/her wage and shift penalty rates during such time.

 

(k)        During each stage of the correspondence course referred to in paragraph (j) of this subclause, the apprentice shall attend a registered training organisation for training for such period as is required from time to time by the New South Wales Department of Education and Training, provided that satisfactory progress has been made with correspondence lessons.  Such attendances shall not be undertaken during the period of annual leave, and the employer shall pay all fees, fares and reasonable accommodation expenses in connection with the training for each period of four weeks not otherwise made by the Government of New South Wales.

 

3.  Classifications

 

Bread Industry Employee - Level 6

 

A Bread Industry Employee Level 6 undertakes for a period of up to three months induction training which may include instruction on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, food industry hygiene, equal employment opportunity and quality control/assurance.

 

(i)         General Description

 

An employee at this level performs routine and repetitive duties essentially of a manual nature and to the level of his/her training:

 

1.          Performs general labouring and cleaning duties; including tidying of work area, stacking crates, removing rubbish etc;

 

2.          Exercises minimal judgement;

 

3.          Works under direct supervision;

 

4.          Maintains sanitation/hygiene of work area;

 

5.          Demonstrates good housekeeping procedures;

 

6.          Undertakes structured training so as to enable him/her to progress to higher levels.

 

Bread Industry Employee - Level 5

 

A Bread Industry Employee Level 5 has completed structured training so as to enable the employee to perform work within the scope of this level.

 

(i)         General Description

 

An employee at this level performs work above and beyond the skills of a Level 6 employee and to the level of his/her training:

 

1.          Works under routine supervision or instruction, either individually or in a team environment;

 

2.          Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

 

3.          Reads instructions, records activities and utilises basic statistical control procedures.

 

Indicative of the tasks which an employee at this level may perform are the following:

 

repetition work on automatic, semi automatic or single purpose machines or equipment;

 

use of selected hand tools;

 

keeping of simple records;

 

use of hand trolleys and pallet trucks;

 

assistance in the provision of on the job training;

 

routine repetitive tasks;

 

basic customer service and liaison;

 

maintenance sanitation/hygiene of work area; and

 

awareness of hygiene and importance of microbiological containment.

 

(ii)        Production Strand

 

A Level 5 Production employee must be capable of the following:

 

Performing general product handling, labouring and cleaning duties;

 

performing the tin change operations;

 

monitoring line operation at a work station for quality and consistency.

 

(iii)       Breadroom Strand

 

A Level 5 Breadroom employee must be capable of the following:

 

Operating a crate washer safely;

 

maintaining sanitation of area;

 

loading baskets;

 

operating bagging machine;

 

identifying correct bags;

 

operating cliplocks;

 

knowing correct product codes;

 

monitoring quality - (both bread and packaging);

 

following orders and production runs.

 

(iv)       Sales Strand

 

A Level 5 Sales employee must be capable of the following:

 

Accuracy with figures;

 

possessing and demonstrating good territory and product knowledge;

 

punctuality, diligence and reliability;

 

performing delivery of bulk loads;

 

demonstrating good customer relations;

 

providing customer feedback;

 

communicating with consumers, supervisors and customer staff;

 

recording and maintaining basic records and making simple written reports.

 

Bread Industry Employee Level 4

 

A Bread Industry Employee Level 4 has a general knowledge of the employer’s operations as it relates to production, breadroom or sales processes.

 

Such an employee shall be trained and capable of operating flexibly on more than one work station.

 

(i)         General Description

 

A Level 4 Employee performs work above and beyond the skills of an employee at Level 5 and to the level of his/her training:

 

1.          Is responsible for the quality of his/her own work subject to routine supervision;

 

2.          Works under routine supervision either individually or in a team environment;

 

3.          Exercises discretion within his/her level of skills and training;

 

4.          Is trained to operate machinery and equipment required in the performance of his/her work.

 

Indicative of the tasks which an employee at this level may perform are the following:

 

Receiving, despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), delivering, documenting and recording of goods, materials and components;

 

basic inventory control in the context of a production process;

 

basic keyboard skills;

 

boiler attendant;

 

operation of mobile equipment including forklifts, overhead cranes and winch operation;

 

ability to assess product quality and maintain basic statistical records; and

 

assist in the provision of on the job training.

 

(ii)        Production Strand

 

A Level 4 Production employee must be capable of the following:

 

Understanding the dividing operation and operating machinery;

 

operating affiliated machinery (eg. dusters, rounders, 1st proof);

 

understanding the moulding process and be able to set and adjust.

 

(iii)       Breadroom Strand

 

A Level 4 Breadroom employee must be capable of the following:

 

Understanding the slicing process and operating machinery;

 

operating affiliated equipment (eg. cliplocks, baggers);

 

effectively operating as an order filler (eg. lines person).

 

(iv)       Sales Strand

 

A Level 4 Sales employee must be capable of the following:

 

Maintaining good customer relations;

 

achieving run sales targets;

 

communicating with workers and supervisors;

 

settling accounts;

 

identifying sales opportunities;

 

providing good customer service;

 

general enthusiasm, energy, punctuality and personal hygiene;

 

having good territorial and product knowledge;

 

increasing store sales;

 

providing customer feedback;

 

possessing good people skills.

 

Bread Industry Employee Level 3

 

A Bread Industry Employee Level 3 is an employee who holds an appropriate trades certificate, or an employee of equivalent standing, who has a sound knowledge of the employer’s operations as it relates to production, breadroom or sales processes.

 

Such an employee shall be trained and capable of operating flexibly on more than one work station under limited supervision.

 

(i)         General Description

 

Indicative tasks performed at this level are:

 

1.          Machine setting, loading and operation, on more than one machine;

 

2.          basic quality checks on work of others;

 

3.          lubrication of machinery and equipment;

 

4.          assistance in provision of on job training; and

 

5.          recognition and identification of quality faults, or machine operation faults, rejection of substandard product.

 

(ii)        Production Strand

 

A Level 3 Production Employee must be capable of the following:

 

Recognising and weighing ingredients;

 

monitoring dough quality and adjusting accordingly;

 

operating subsidiary equipment (e.g. broth tanks, seeder, conveyors, dough dividers etc.);

 

operating computerised machinery;

 

understanding the final proof process and operating machinery;

 

understanding the baking process and operating machinery.

 

(iii)       Breadroom Strand

 

A Level 3 Breadroom Employee must be capable of the following:

 

Responsibility for the make up and assembly of orders;

 

despatching deliveries;

 

receiving and checking returns;

 

checking of loads.

 

(iv)       Sales Strand

 

A Level 3 Sales Employee must be capable of the following in addition to the skills of a Level 4 Sales Employee:

 

Assisting with on the job training of new employees;

 

possessing good territorial knowledge of sales area or group sales runs;

 

relieving salesmen and vendors on short notice.

 

Bread Industry Employee Level 2

 

A Bread Industry Employee Level 2 is required to exercise skills and knowledge above and beyond an employee at Level 3 and to the level of his/her training:

 

Understand and apply quality control techniques;

 

exercise good interpersonal communication skills;

 

exercise keyboard skills;

 

exercise discretion within the scope of this grade;

 

perform work under limited supervision either individually or in a team environment;

 

perform work which, while primarily involving the skills of the employee’s training, is incidental or peripheral to the primary task and facilitate the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

 

be able to inspect products and/or materials for conformity with established operational standards;

 

be able to evaluate, analyse and recommend changes to work station problems and procedures.

 

Within the production strand a Level 2 employee has a high understanding of baking technology and practice, including recipe interpretation and mixing processes, and is capable of operating flexibly throughout the production area, including doughmaking.

 

Bread Industry Employee Level 1

 

A Bread Industry Employee Level 1, who may hold a Trade Certificate, may be responsible for task allocation, work scheduling within a plan, training staff, work performance assessment of staff and recommendations for engagement, termination or promotion of staff. Such an employee exercises skills, knowledge and discretion above and beyond a Level 2 employee, and to the level of his/her training:

 

Is able to set up, operate and adjust all machinery and equipment relevant to his/her work area;

 

provides guidance and assistance as part of a work team;

 

exercises discretion within the scope of this level;

 

works under general supervision either individually or in a team environment;

 

understands and implements quality control techniques.

 

(ii)        Production Strand

 

Employees of this level must be of trade or equivalent qualifications; being responsible for an operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section (i.e. equal standard to each operator).

 

(iii)       Breadroom Strand

 

Being responsible for an operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section.

 

(iv)       Sales Strand

 

Understand the sales operations, especially the achievement of sales targets through control of orders, product maintenance and good customer and vendor rapport;

 

develop new business opportunities;

 

understand promotional operations;

 

able to maintain account payments through debt collection;

 

responsible for an operation sales section.

 

4.  Rates of Pay and Allowances

 

(i)         Full-Time Employees

 

(a)        Minimum Rates - the minimum adult weekly rates of pay for full-time employees for each classification from time to time effective, are set out in Table 1, Wages, of Part B Monetary Rates of this Award.

 

(b)        The rates of pay in this Award include the adjustments payable under the State Wage Case 2003. These adjustments may be offset against:

 

1.         any equivalent over award payments and/or

 

2.         award increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

(ii)        Part Time Employees

 

Part time employees shall be paid at the hourly rate of one thirty eighth of the appropriate wage rate of this award, with a minimum payment for four hours each day.

 

(iii)       Casual employees.

 

The hourly rate of pay for casual employees shall be calculated by dividing the appropriate weekly rate of pay by 38 plus 15 per cent, with a minimum payment for two hours for each day.  Casual employees shall be engaged and paid by the hour.

 

(iv)       Rates of pay for Apprentices:

 

 

(v)        Junior Employees, other than apprentices shall receive the following rates of pay:

 

Percentage of Appropriate Classification
Under 17 years of age	71%
At 17 years of age	85%
At 18 years of age	100%

 

(vi)       Allowances

 

The following allowances shall be paid:

 

(a)        Leading Operator Allowances

 

1.         A Leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of more than four people, the achievement of their work task and on the job training, shall receive, in addition to the rate payable for his/her classification, an allowance as set out in Item 3 of Table 2 of Part B.

 

2.         A leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of less than four people, the achievement of their work task, and on the job training, shall receive in addition to the rate payable for his/her classification, an allowance as set out in Item 4 of Table 2 of Part B.

 

(b)        Heavy Vehicle Driving Allowance

 

An employee who is required to drive a vehicle of more than 3 tonnes Gross Vehicle Weight as part of the conditions of employment shall be paid an allowance for all purposes of this Award for driving a vehicle.

 

1.         of over 3 tonnes G.V.W. and up to 4.5 tonnes G.V.W., the amount as set out in Item 5.1 of Table 2;

 

2.         of over 4.5 tonnes G.V.W. and up to 14.95 tonnes G.V.W., the amount set out in Item 5.2 of Table 2;

 

3.         of over 14.95 tonnes G.V.W., the amount set out in Item 5.3 of Table 2;

 

4.         which is a semi-trailer, the amount set out in Item 5.4 of Table 2.

 

(c)        Merchandiser Allowance

 

An employee performing merchandising/demonstrator work who works at a place away from the bakery and is required by the employer to use the employee’s vehicle shall be paid a vehicle allowance consisting of a flat amount as set out in Item 6.1 of Table 2 of Part B of this Award and a variable amount for distance travelled up to 70 km per day worked averaged over the pay week as set out in Item 6.2 of Table 2 of Part B.

 

(d)        First Aid Allowance

 

An employee who has been trained to render first-­aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. John Ambulance or similar body shall be paid an allowance as set out in Item 7 of Table 2 of Part B if appointed by the employer to perform first aid duty.

 

(e)        Boiler Allowance

 

Where an employee is appointed to be in charge of firing a boiler and is appropriately certificated by the Department of Industrial Relations, the employee shall be paid an allowance as set out in Item 8 of Table 2 of Part B.

 

(f)         Meal Allowance

 

An employee required to work overtime for more than two hours without being notified the day before that the employee will be so required to work, shall be paid a meal allowance as set out in Item 9 of Table 2.

 

(g)        Apprentice Allowance

 

(i)         An apprentice who gains a pass at the Stage 1 examination of the trade or correspondence shall, commencing from the first pay period in the calendar year following the examination and continuing for the remainder of his/her term of apprenticeship, be paid a weekly margin as set out in Item 1 of Table 2.

 

(ii)        An apprentice who completes successfully his/her full course in the bread manufacturing trade or correspondence course of technical training shall, in addition to the margin prescribed by paragraph 1 of this subclause and commencing from the first pay period in the calendar year following the examination and continuing for the remainder of his/her term of apprenticeship, be paid a weekly margin as set out in Item 2 of Table 2.

 

5.  Hours of Work

 

(i)         The ordinary hours of work for employees other than part-time employees shall not exceed an average of 38 per week, to be worked on one of the following bases:

 

(a)        38 hours within a work cycle not exceeding 7 consecutive days; or

 

(b)        76 hours within a work cycle not exceeding 14 consecutive days; or

 

(c)        114 hours within a work cycle not exceeding 21 consecutive days; or

 

(d)        152 hours within a work cycle not exceeding 28 consecutive days; or

 

(e)        any other work cycle during which a weekly average of 38 hours is worked as may be agreed between the employer and the employees concerned.

 

(ii)        The ordinary hours of work for part-time employees shall not exceed an average of 30 hours per week, worked on one of the following bases:

 

(a)        30 hours within a work cycle not exceeding 7 consecutive days; or

 

(b)        60 hours within a work cycle not exceeding 14 consecutive days; or

 

(c)        90 hours within a work cycle not exceeding 21 consecutive days or; or

 

(d)        120 hours within a work cycle not exceeding 28 consecutive days; or

 

(e)        any other work cycle during which a weekly average of 30 hours is worked as may be agreed between the employer and the employees concerned.

 

(iii)       The ordinary hours of work prescribed herein may be worked on any day Sunday to Saturday.

 

(iv)       The ordinary hours of work shall be worked on not more than five consecutive days per week provided that by agreement between the employer and the majority of employees affected, the ordinary hours of work may be worked over non-consecutive days of the week.

 

(v)        The ordinary daily hours of work shall be:

 

(a)        for full-time employees, not less than 6 hours nor more than 10 hours per day;

 

(b)        for part-time employees, not less than 4 hours nor more than 10 hours per day.

 

(c)        for casual employees, not less than 2 hours nor more than 10 hours per day.

 

(vi)       Circumstances may arise where different methods of implementation of a 38-hour week will apply to various groups or sections of employees in the factory or establishment concerned.

 

(vii)      Where the hours of work of an establishment, factory or section are organised so as to provide employees with rostered days off, an employee may agree to accrue up to a maximum of 10 rostered days off to be taken within 12 months of the date of accrual.

 

(viii)     The ordinary hours of work prescribed herein shall be worked continuously except for meal breaks.

 

6.  Meals

 

(i)         Each employee must take and each employer must give on each day at least half an hour for a meal after the expiration of 3 hours and commencing within 5 hours of starting work.

 

(ii)        An employee not commencing a meal break within 5 hours of starting work shall be paid ordinary time extra until a meal break is taken with a minimum of one half hour’s pay at such rate.

 

(iii)       Meal breaks shall not count as time worked.

 

(iv)       The meal breaks prescribed in this clause shall be given and taken so as not to interfere with the continuity of work and at times mutually agreed between the employer and the employee.

 

7.  Shift Work

 

(i)         Except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

(ii)        Roster: shift rosters shall specify the commencing and finishing times of ordinary hours of work of the respective shifts. The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees affected to suit the circumstances and needs of the plant or establishment or in the absence of agreement by fourteen days’ notice of alteration given by the employer to the employee.

 

(iii)       An employee shall be entitled to ten consecutive hours off duty after ceasing work on one shift and before commencing work on the next shift. If the next shift is scheduled to commence before ten hours has expired, the employee shall be entitled to be absent from work on that shift until he/she has had ten hours off duty without any deduction being made in ordinary pay or shift penalty payable for such absence.

 

(iv)       Rotation: shifts may be rotated. Different methods of rotation may apply in respect of particular groups or sections of employees in a plant or establishment. Where shifts rotate, the rotation may be weekly, fortnightly, four weekly or at such other interval as may be agreed from time to time between the employer and the majority of the employees affected.

 

(v)        Shift allowance:

 

(a)        an employee whose ordinary hours of work between midnight Sunday and midnight the following Friday are rostered within the hours of 6.00 p.m. one day and 4.00 a.m. the following day shall be paid a shift allowance of 20 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked;

 

(b)        an employee working ordinary hours of work between midnight Friday and midnight Saturday shall be paid a shift allowance of 30 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked; and

 

(c)        an employee working ordinary hours of work between midnight Saturday and midnight Sunday shall be paid a shift allowance of 70 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked.

 

(d)        an employee working ordinary hours of work on a holiday shall be paid a shift allowance of 110 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked.

 

8.  Overtime

(i)

 

(a)        All time worked by an employee in excess of or outside the employee’s ordinary hours of work shall be overtime and shall be paid for at the ordinary hourly rate plus 30 per cent of the ordinary hourly rate for the first two hours on any day, and at the ordinary hourly rate plus 70 per cent of the ordinary hourly rate thereafter.

 

(b)        All overtime worked on a Sunday shall be paid at the ordinary hourly rate plus 70 per cent of the ordinary hourly rate.

 

(c)        All overtime worked on a holiday as provided for in clause 10, Holidays, shall be paid at twice the ordinary hourly rate plus 10 per cent of the ordinary hourly rate.

 

(ii)        Where an employee works overtime on any day and such overtime does not immediately precede or follow ordinary hours of work, an employee shall be paid for a minimum of four hours overtime at the appropriate rate.

 

(iii)       Rest Period After Overtime:

 

(a)        When overtime is necessary it shall wherever reasonably practicable be so arranged that the employee has at least 10 consecutive hours off duty between the work of successive days.

 

(b)        An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next that he/she has not had at least 10 consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        Failing an instruction from his/her employer that an employee should not resume or continue work without having had such 10 consecutive hours off duty he/she shall be paid at the ordinary hourly rate plus 70 per cent until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(iv)

 

(a)        Subject to paragraph (b) of this subclause, an employer may require an employee to work reasonable overtime at overtime rates.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of the said paragraph (b), what is unreasonable or otherwise will be determined having regard to:

 

(1)        any risk to employee health and safety;

 

(2)        the employee’s personal circumstances, including any family and carer responsibilities;

 

(3)        the needs of the workplace or enterprise;

 

(4)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(5)        any other relevant matter.

 

9.  Payment of Wages

 

(i)         Employees shall be paid weekly or in accordance with such other arrangements as may be agreed between the employer and the employees affected.

 

(ii)        Where an employer alters the pay week the employer shall in respect of that week, pay to each employee then employed, by way of an advance, any moneys earned from the end of the new pay week until the end of the "old" pay week.  In respect of each week thereafter until such advance has been repaid the employer may retain $20 from payments due to the employee.  In the event of the termination of employment before repayment of such advance a further deduction of any balance required for that purpose may be made from moneys due to the employee.  Such deductions, together with any additional deductions made for that purpose with the written authority of the employee shall be deductions authorised by this award.

 

9A.  Union Dues

 

(i)         The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(c)        deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

(ii)        The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so.  Such consent may form part of the written authorisation.

 

(iii)       Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

(iv)       Where the employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

(v)        The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly, as the case may be.  The Union shall give the employer a minimum of two months’ notice of any such change.

 

(vi)       An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(vii)      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

(viii)     The above variations shall take effect:

 

(i)         In the case of employers who currently deduct Union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 9 August 2003.

 

(ii)        In the case of employers who do not fall within subparagraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 9 November 2003.

 

(iii)       For all other employers, from the beginning of the first pay period to commence on or after 9 February 2004.

 

10.  Holidays

 

(i)

 

(a)        The days on which the following holidays are observed shall be award holidays, viz., New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen’s Birthday, Anzac Day, Labour Day, Christmas Day, Boxing Day, together with any other days proclaimed or gazetted as a public holiday for the State. The picnic day of the union (which shall be held on the first Tuesday in November each year, or such other day as agreed between the employer and the employee) shall also be observed as a holiday, provided that in Queanbeyan, the picnic day shall be observed as the same day as Labour Day in the Australian Capital Territory.

 

(b)        For the purpose of this subclause an employee shall be treated as working on one of the days specified in paragraph (a) only if that employee works on a shift which is worked in order to produce bread for sale on one of such days even though the shift is not worked on one of such days.

 

(ii)        A weekly employee normally rostered to work on the above holidays shall be entitled to the holiday without loss of ordinary time pay or shift penalty provided that the employee worked on the working day immediately preceding and the working day immediately succeeding the holiday.  Where two holidays fall on consecutive days an employee who worked on either the working day preceding or the working day succeeding either such day but not on both shall be paid for the holiday nearer to the said day on which the employee worked; provided that an employee who produces evidence satisfactory to the employer that the absence from work on any such day before or after a holiday was due to a good and sufficient cause shall not lose payment for the relevant holiday.

 

(iii)       A weekly employee rostered off on a public holiday, except Easter Saturday, shall be entitled to one additional day as a holiday which shall be taken as agreed between the employee and the employer or failing agreement to be added to the employee’s entitlement to annual holidays.

 

11.  Annual Holidays

 

(i)         See the Annual Holidays Act 1944.

 

(ii)        The shift penalty payments prescribed in subclause (v) of clause 7, Shiftwork, of this award shall be regarded as part of the ordinary pay of employees entitled to such payments for the purposes of the Annual Holidays Act 1944.

 

(iii)       An employee who was engaged as a doughmaker on 3 January, 1990, and who has been receiving additional annual holiday per year shall continue to receive that annual holiday whilst ever engaged in that capacity.

 

12.  Annual Holiday Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        Before an employee is given and takes annual holidays, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employee shall be paid 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 (v)).

 

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

 

(iv)       The loading is 17.5% of the employee’s ordinary rate of pay for the period of the annual holiday prescribed by clause 11, Annual Holidays of this award for the classification in which the employee was employed immediately before commencing the annual holiday period or separate periods.

 

(v)        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 the employee 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 (iv) of this clause applying the award rates of wages payable on that day.

 

(vi)       Where, in accordance with the Act, the 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 annual holiday shall be paid the loading calculated in accordance with subclause (iv) 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 under the Act such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the closedown as the employee’s qualifying period of employment in completed weeks bears to 52.

 

(vii)

 

(a)        When 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 (iv) for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee’s employment.

 

(viii)     This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if not on annual holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading prescribed by this clause.

 

13.  Long Service Leave

 

(i)         See Long Service Leave Act 1955.

 

(ii)        The shift penalty payments prescribed by subclause (v) of clause 7, Shiftwork, of this award shall be regarded as part of the ordinary rate of pay of employees entitled to such payments for the purposes of the Long Service Leave Act 1955.

 

14.  Sick Leave

 

(i)         Employees on weekly hiring who, after not less than 3 months’ service, are absent from work on account of personal illness or injury by accident shall be entitled to sick leave, without deduction of pay, subject to the following conditions and limitations:

 

(a)        Employees shall not be entitled to paid sick leave of absence for any period in respect of which they are entitled to workers compensation.

 

(b)        Employees shall within 24 hours of commencement of such sick leave, inform the employer of 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.

 

(c)        An employee shall prove to the satisfaction of the employer that the employee was unable, on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed; provided that for the first two single days for which sick leave is claimed in a year of employment, a medical certificate shall not be required.

 

(d)        Subject to subparagraph (e) the entitlement to sick leave per year of employment shall be 38 hours during the first year of employment and 61 hours during the second and subsequent years of employment.

 

(e)        A part time employee shall, subject to the provisions of this clause be entitled to a proportionate amount of sick leave. The amount of sick leave to which a part time employee is entitled in any year shall bear the same proportion to sick leave prescribed during that year of employment for a full-time employee as the part time employee’s average number of ordinary hours worked during the previous six months of employment, or if there is not a 6 month period of employment then the average number of ordinary hours worked during the actual period of employment, bears to the number of ordinary hours worked by full time employees.

 

(f)         An employee shall be entitled to sick leave without reduction of penalty rates.

 

(ii)

 

(a)        The employee’s entitlement under this clause shall accumulate from year to year so long as the employee’s employment continues with the employer, whether under this or any other award, so that any sick leave entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer subject to the conditions prescribed by this clause in a subsequent year of such continued employment.

 

(b)        For each day’s absence from work, the employee’s accrued sick leave entitlement shall be reduced by the number of ordinary daily hours for which the employee was rostered for that day in accordance with clause 5, Hours of Work.

 

(c)        Where a business, undertaking or establishment or any part thereof is transmitted from one employer to another employer and an employee who at the time of the transmission was employed by the transmittor in that business, undertaking, establishment or part thereof becomes an employee in the employ of the transmittee any sick leave which has accumulated and not been taken during the employment with the transmittor may be claimed by the employee and shall be allowed by the transmittee subject to the conditions prescribed by this clause during the employee’s employment with the transmittee. Sick leave accumulated by an employee pursuant to this paragraph shall be deemed to be sick leave accumulated during the employee’s employment with the transmittee.  An employee who was employed by the transmittor at the time of the transmission and thereafter is employed by the transmittee shall be entitled to sick leave during the first 3 months employment with the transmittee notwithstanding subclause (i) of this clause.

 

(d)        Where an employee is transferred from the service of an employer being a corporation to the service of another employer, being a corporation related to the first employer at the time of the transfer, sick leave accumulated and not taken in the employ of the first employer shall after the transfer be deemed to be sick leave accumulated in the employ of the second employer and the employee shall be entitled to sick leave during the first 3 months of employment with the second employer.

 

(iii)       Service with the employer before the date of coming into force of this award shall be counted as service for the purpose of qualifying for sick leave.

 

15.  Personal Carer’s Leave

 

1.          Use of Sick Leave

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), 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 in clause 14, 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.

 

(b)        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.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a defacto 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

 

(c)        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 defacto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the defacto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

2.          Unpaid Leave for Family Purposes

 

(a)        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 subparagraph (i) of paragraph (c) of subclause (1) who is ill.

 

3.          Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holiday’s 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.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be inclusive of any shutdown period provided for elsewhere under this award.

 

(c)        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.

 

4.          Time Off in Lieu of Payment for Overtime

 

(a)        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 the 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) 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.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

5.          Make-up Time

 

(a)        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.

 

(b)        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), at the shift work rate which would have been applicable to the hours taken off.

 

6.          Rostered Days Off

 

(a)        An employee on shift work may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        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.

 

(d)        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.

 

16.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed by the said subclause (iii) of this clause. Where the death of a person as described by subclause (iii) occurs outside Australia, the employee shall be entitled to up to two days bereavement leave where the employee travels outside Australia to attend the funeral.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       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 as set out in subparagraph (ii) of paragraph © of subclause (1) of clause 15, Personal Carer’s Leave of this Award provided that, for the purpose of bereavement leave, the employee need not have been responsible for the are of the person concerned.

 

(iv)       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.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) (5) and (6) of the said clause 15. In determining such a request the employer will give consideration to the consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

17.  Occupational Superannuation

 

(i)         The employer shall pay on behalf of each full-time adult employee with six months continuous service 3% of the employee’s ordinary rate of pay per week in a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(ii)        The employer shall pay on behalf of each part-time adult employee with six months continuous service working more than twenty hours per week 3% of the employee’s ordinary rate of pay into a fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(iii)       Where an employee is absent, on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee, in respect of the period of unpaid absence.

 

(iv)       The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee’s employment with the employer.

 

(v)        An employer who at the date of the variation of this award is already contributing to a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation, in accordance with the principles established in the State Wage Case of December, 1987 shall be exempt from this clause.

 

(vi)       Where an employer has failed, pursuant to subclause (i) & (ii) of this clause to make application to participate in the fund, the employer shall make application to participate in the fund and upon acceptance by the Trustees shall make an initial contribution to the fund, in respect of each employee, as if the employer had made application to participate in the fund and been accepted by the Trustees prior to 28 February 1992, after which the employer shall then continue to make payments as prescribed by this award.  Other than for back-payment contributions, the employee shall not be entitled to:

 

(a)        interest on contributions; and/or

 

(b)        death and disability cover,

 

until such time as the employer becomes a member of the fund;  that is, the date of acceptance by the trustees.

 

18.  Shortage of Money Or Bread

 

(i)         An employee who delivers bread shall be supplied with a copy of the loading slip for each load taken during the day.

 

(ii)        Except in the case of dishonesty, an employee shall not be required to make good any shortage of money or bread appearing on the face of the employee’s book or statement of delivery unless notified of such shortage of money or bread within 48 hours after the day on which the entry in the book or statement has been made and that employee has been given an opportunity of checking same.  Saturdays, Sundays, and holidays are not to be reckoned in the said 48 hours.

 

(iii)       Where the employee is notified of the shortage within the period prescribed by subclause (ii) of this clause, the employer may, each week, until the whole shortage is satisfied, deduct an amount on account thereof from the wages due to the employee: provided that the employee is paid a gross sum not less than two-thirds of the pay prescribed for an employee by clause 4, Rates of Pay, of this award;  provided further that in the case of dishonesty or in the case of termination of services, the full amount of the wages due may be retained by the employer.

 

Deductions in respect of shortages notified in accordance with the provisions of this clause shall commence within 3 months of such notification and then continue each week until the shortage is repaid, otherwise the right to deduct shall be forfeited.

 

(iv)       Employees shall be notified each week of the overs and shortages.  Any overs are to be credited to the employee and shall be available to meet subsequent shortages; provided that any credit at the end of any accounting quarter may be forfeited except that shortages and overs in the last two weeks of any quarter may be offset against overs or shortages in the first two weeks of the next quarter.

 

(v)        For the purpose of this clause where more than one employee is regularly employed delivering on any bread run from one vehicle or conveyance, each shall be supplied by the employer with a book in which the employee shall enter up, daily, the amount of bread that the employee delivers to each customer served by the employee and any cash received.  This subclause shall not apply to an employee learning the run.

 

(vi)       Unless an employee is furnished with a list of bread and bread rolls delivered to customers and cash received on the employee’s run by some other person the employee shall not be responsible for the booking thereof.

 

19.  Jury Service

 

(i)         A weekly employee shall be allowed leave of absence during any period when required to attend for jury service.

 

(ii)        During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee’s normal rate of pay.

 

(iii)       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.

 

20.  Redundancy

 

(i)         Application

 

(a)        This clause shall apply in respect of full time and part time employees employed in the classifications specified by the parent award.

 

(b)        This award shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(c)        Notwithstanding anything contained elsewhere in this award, this clause 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.

 

(d)        Notwithstanding anything contained elsewhere in this award, this clause 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.

 

(ii)        Introduction To Change

 

(a)        Employer’s duty to notify

 

1.         Where an employer has made a definite decision to introduce major changes in 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.

 

2.         ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employers 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 or 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 herein, an alteration shall be deemed not to have significant effect.

 

(b)        Employers Duty To Discuss Change -

 

1.         The employers shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (ii) above, Employers duty to notify, of this clause, 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.

 

2.         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 subclause (ii) of this clause.

 

3.         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.

 

(iii)       Redundancy

 

(a)        Discussions Before Terminations -

 

1.         Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (a) of subclause (ii), Introduction of Change, 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.

 

2.         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 (1) of this subclause 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 of the employees concerned.

 

3.         For the purposes 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.

 

(iv)       Termination Of Employment

 

(a)        Notice For Changes In Production, Program, Organisation or Structure -

 

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘production’, ‘program’, ‘organisation’ or ‘structure’ in accordance with subclause (ii)(a) of this clause.

1.         In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

 

2.         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.

 

3.         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.

 

(b)        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 subclause (ii)(a) of this clause:

 

1.         In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

2.         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.

 

3.         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.

 

(c)        Time Off During The Notice Period -

 

1.         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 days, for the purposes of seeking other employment.

 

2.         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.

 

(d)        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 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.

 

(e)        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.

 

 

(f)         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.

 

(g)        Centrelink 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.

 

(h)        Transfer To Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in subparagraph (1) of subclause (ii), Introduction of Change, of this clause, the employee shall be entitled to the same period  of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

(v)        Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subparagraph (iv) of this clause, 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:

 

1.         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

 

2.         Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of service	45 years of Age & 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

 

3.         ‘Weeks 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:

 

(b)        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 subparagraph (a) above.

 

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subparagraph (a) above will have on the employer.

 

(c)        Alternative Employment -

 

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 subparagraph (a) above if the employer obtains acceptable alternative employment for an employee.

 

21.  Anti Discrimination

 

(i)         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 ground of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(ii)        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.

 

(iii)       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.

 

(iv)       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 practise 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.

 

(v)        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.

 

22.  Settlement of Disputes and Grievances

 

(i)         Procedures relating to grievances of individual employees:

 

(a)        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 remedies sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with gradual steps for further discussions and resolutions at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussions at each level of authority.

 

(d)        At the conclusion of the discussions, 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.

 

(e)        Whilst a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedures relating to disputes etcetera between employers and their employees:

 

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

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        Whilst a procedure is being followed, normal work must continue.

 

(d)        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 purpose of each procedure.

 

23.  Area, Incidence and Duration

 

(a)        The Bread Industry (State) Award and shall apply to:

 

(i)         the classes of employees specified in clause 3, Classifications, of this award within the jurisdiction of the Baking Industry (State) Industrial Committee.

 

(ii)        apprentices to the trade of bread manufacturing, being a trade declared for the purposes of the Apprenticeship and Traineeship Act 2001.

 

(b)        The changes made to the award pursuant to the award review under section 19(6) of the Industrial Relations Act 1996 and principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (85 IR 38) take effect on and from 5 February 2004.

 

(c)        This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Former Rate	SWC2003	Total Rate
	per Week		per Week
	$	$	$
Bread Industry Employee Level 1	605.70	17.00	622.70
Bread Industry Employee Level 2	564.20	17.00	581.20
Bread Industry Employee Level 3	542.50	17.00	559.50
Bread Industry Employee Level 4	508.10	17.00	525.10
Bread Industry Employee Level 5	486.50	17.00	503.50
Bread Industry Employee Level 6	463.60	17.00	480.60

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			Payable
			$
1	2(v)(b)	Apprentices’ Allowance: Stage 1 pass	5.20 per week
	4(vi)(g)(i)
2	2(v)©	Apprentices’ Allowance: Completion of course	14.70 per week
	4(vi)(g)(ii)
3	4(vi)(a)(1)	Leading Operator: More than 4 employees	26.80 per week
4	4(vi)(a)(2)	Leading Operator: Up to four employees	13.50 per week
5	4(vi)(b)	Heavy Vehicle Driving Allowance:
5.1	4(vi)(b)(1)	Over 3 and up to 4.5 tonnes	3.40 per week
5.2	4(vi)(b)(2)	Over 4.5 tonnes and up to 14.95 tonnes	26.70 per week
5.3	4(vi)(b)(3)	Over 14.95 tonnes	35.30 per week
5.4	4(vi)(b)(4)	Semi-trailer	63.50 per week
6	4(vi)©	Merchandiser Allowance:
6.1		Flat amount	14.00 per day
6.2		Variable amount	28 cents per km
7	4(vi)(d)	First-aid Allowance	12.00 per week
8	4(vi)(e)	Boiler Allowance	11.60 per week
9	4(vi)(f)	Meal Allowance	10.00 per meal

 

SCHEDULE A

 

Award and Variations Incorporated

 

Clause	Award/Variation	Date of Publication	Date of taking Effect	Industrial Gazette
				Vol	Page
4, Part B	B9610	19.01.01	09.08.00	321	967
4, Part B	CO817	14.12.01	09.08.01	330	443
21	C1016	08.03.02	31.05.01	331	1077
4, Part B	C1384	08.11.02	09.08.02	336	1166
4, Part B, 9A, 8	C2175	n/a	09.08.03	n/a	n/a

 

SCHEDULE B

 

Changes Made on Review

Date of Effect: 5 February 2004

(1) Provisions Modified:

 

Award	Clause	Previous Form of Clause
		Last Published at:
		IG Vol	Page
Miscellaneous Bread Industry (State) Award	2(i)(g)	319	506
Miscellaneous Bread Industry (State) Award	2(ii)(a)	319	507
Miscellaneous Bread Industry (State) Award	2(v)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(a)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(e)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(f)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(f)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(g)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(h)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(i)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(j)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(k)	319	509
Miscellaneous Bread Industry (State) Award	4	319	514
Miscellaneous Bread Industry (State) Award	10(i)(a)	319	519
Miscellaneous Bread Industry (State) Award	23(b)	319	530

 

(2) Provisions Removed

 

Award	Clause	Previous Form of Clause
		Last Published at:
		IG Vol	Page

 

(1)        Rescinded Obsolete Awards Related to this Review:

 

Not Applicable

 

Baking Industry (State) Industrial Committee

 

Industries and Callings

 

Bread salespersons and all persons engaged in or in connection with the selling and/or delivery of bread or bread rolls or baked goods (including persons engaged who are deemed to be employees pursuant to subclause (e) of Schedule 1 of the Industrial Relations Act 1996, breadroom hands, and all persons employed in bakeries in or in connection with the slicing and/or wrapping of bread, loaders, grooms, stablepersons and yardpersons, employed in connection therewith in the State, excluding the County of Yancowinna; and

 

Machine and hand bakers and assistants in the State, excluding the County of Yancowinna;

 

excepting -

 

Engine drivers and firepersons, greasers, trimmers, cleaners and pumpers engaged in and about the driving of engines, and electrical crane, winch and motor drivers.

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

(828)

SERIAL C2637

 

BREAD INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5696 of 2003)

 

Before Commissioner Macdonald

5 February 2004 and 20 August 2004

 

REVIEWED AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

PART A

 

1.         Definitions

2.         Terms of Employment

3.         Classifications

4.         Rates of Pay

5.         Hours of Work

6.         Meals

7.         Shift Work

8.         Overtime

9.         Payment of Wages

9A.      Union Dues

10.       Holidays

11.       Annual Holidays

12.       Annual Holiday Loading

13.       Long Service Leave

14.       Sick Leave

15.       Personal Carers Leave

16.       Bereavement Leave

17.       Occupational Superannuation

18.       Shortage of Money or Bread

19.       Jury Service

20.       Redundancy

21.       Anti - Discrimination

22.       Settlement of Disputes

23.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay (See current Wage Schedule)

Table 2 - Other Rates and Allowances (See current Wage Schedule)

 

PART A

 

1.  Definitions

 

(i)         "Casual employee" means an employee who is engaged as such and paid as such.

 

(ii)        "Part-time employee" means a weekly employee who works a standard roster of ordinary hours which does not average more than 30 hours per week.

 

(iii)       "Full time employee" means a weekly employee whose ordinary hours of work do not average less than 38 hours per week.

 

(iv)       "Weekly employee" means a full time employee or a part time employee.

 

(v)        "Union" means The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales.

 

2.  Terms of Employment

 

(i)         Employees Generally.

 

(a)        With the exception of production supervisors, each employer shall fix a pay period which shall be common to the employer’s employees. Such pay period shall not be altered without 14 days notice.

 

(b)        Employment shall be terminated by a week’s notice on either side given at any time during the week or by the payment or forfeiture, as the case may be, of one week’s wages. This paragraph shall not apply with respect to casual employees.

 

(c)        When employment is terminated, wages and any other payments due shall be paid at the completion of the last week of employment.

 

(d)        The employer shall be entitled to dismiss any employee without notice for neglect of duty or other misconduct and in such cases the wages shall be paid up to the time of dismissal only.

 

(e)        Subject to clauses 10, 11, 13, 14, 15, 16, and 19 an employee not attending for duty shall lose pay for the actual time of such non-attendance.

 

(f)         Supply of clothing:  There shall be provided and maintained in good order and condition, for the use of every person engaged in the bakehouse in a manufacturing process, a sufficient supply of clothing consisting of -

 

(a)        an overall, or a bib apron or short trousers;

 

(b)       suitable head covering.

 

Provided that short trousers shall not be provided for the use of any person unless he/she agrees to wear short trousers.  All overalls, bib aprons and short trousers provided pursuant to this clause shall be of light coloured washable material and all head covering so provided shall be of light coloured washable or disposable material.  Each such person shall be provided with clean clothing at least twice weekly.

 

(g)        An employer shall provide protective clothing to employees of the employer so as to ensure the health, safety and welfare of such employees in accordance with the requirements of the Occupational Health and Safety Act 2000.

 

(h)        Baskets and basket covers, where they are required by the employer to be used, shall be supplied by the employer. Baskets shall be washed and basket covers laundered by the employer.

 

(i)         The employer shall provide an employee handling cash with a money bag, if it is required by the employee.

 

(j)         Employers shall provide a waterproof cape or coat to employees when they are required to work outdoors during wet weather.

 

(k)        Employees are responsible for the care and safekeeping of all issued articles from the employer and shall return each such article to the employer on request or on termination of their employment; in default, the employer may deduct from wages due an amount equal to its replacement value less reasonable depreciation, having regard to the condition of the item.

 

(l)         an employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training.

 

(ii)        Part-time Employees.

 

(a)        Part-time employees shall be paid at an hourly rate of one thirty eighth of the appropriate wage rate prescribed in clause 4, Rates of Pay and Allowances, of this award.

 

(b)        The ordinary hours of work for part time employees shall not exceed an average of 30 hours per week.

 

(c)        Part time employees when on sick leave, annual holiday, long service leave, jury service, bereavement leave or holidays, shall be paid the amount which they would have been paid for ordinary hours on the day if they had worked.

 

(d)        A full-time employee shall not be required to work as a part-time employee unless otherwise agreed.

 

(e)        Subject to this subclause, all provisions of this award shall apply to part-time employees.

 

(f)         The ordinary hours of work shall not be less than 4 hours on any day nor more than 10 hours on any day.

 

(iii)       Casual Employees.

 

(a)        Subject to this subclause the provisions of this award shall apply to a casual employee save and except the following clauses:

 

Clause 14.	Sick Leave
Clause 19.	Jury Service
Clause 16.	Bereavement Leave

 

(b)        The ordinary hours of work shall not be less than 2 hours on any day nor more than 10 hours on any day.

 

(iv)       Employment of Juniors.

 

(a)        The total wage for juniors shall be calculated to the nearest 10 cents.

 

(b)        A junior employee shall be entitled to full adult pay upon attaining the age of 18.

 

(c)        The number of juniors shall be limited to one per 10 or part thereof employees 18 years of age or over.

 

(v)        Employment of Apprentices - Apprentices shall be employed in accordance with the relevant provisions of the Apprenticeship and Traineeship Act 2001 and this award. The following provisions shall apply in respect of apprentices:

 

(a)        The period of apprenticeship for persons entering the trade of bread manufacturing shall be as set out in his/her training contract.

 

(b)        An apprentice who gains a pass at the Stages 1 examination of the trade or correspondence shall be paid a margin of an amount as set out in Item, Table 2  - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the award rate prescribed in this award for the remainder of the employee’s term of apprenticeship commencing from the first pay period in the calendar year following the examination.

 

(c)        An apprentice who completes successfully his/her full course in the bead manufacturing trade or correspondence course of technical training shall be paid a margin of an amount as set out in Item 2 of Table 2, in addition to the margin prescribed in paragraph (b) of this subclause and, in addition to the award rate prescribed within this award, for the remainder of his/her term of apprenticeship commencing from the first pay period in the calendar year following the examination.

 

(d)        An apprentice who passes at all stages of the trade course in the period normally required for its completion and whose workshop performance is satisfactory shall, during the lat six months of the apprenticeship or the balance of the apprenticeship whichever is the less, be paid at the rate, including shift penalty rates, prescribed for a tradesperson under this award.

 

(e)        An apprentice whose place of work and of residence are so situated that it is reasonably practicable for him/her to attend a registered training organisation which conducts the trade course, shall attend such registered training organisation for study in the trade course for the period necessary for him/her to qualify in the course and shall repeat any stage or any subject in a stage of the course which he/she has failed to complete satisfactorily; provided that an apprentice who, due to circumstances beyond his/her control, fails in any subject of the course, may continue with the course beyond the normal duration of the course if reports from the registered training organisation show that satisfactory progress is being made; and provided further that an apprentice who fails in any stage of the course may progress to the next stage of the course if permitted to do so by the registered training organisation under an arrangement approved by the New South Wales Department of Education and Training.

 

(f)         The registered training organisation fees for instruction of each apprentice shall be paid by the employer for each year of the trade course or correspondence course.

 

(g)        Any apprentice who is given time off during ordinary working hours for the purpose of attending at a registered training organisation for instruction and fails to so attend shall not be paid for such time off.

 

(h)        An employer shall reimburse to an apprentice all fares reasonably incurred in attending the registered training organisation.

 

(i)         An employer shall cooperate with the registered training organisation in the training of an apprentice in the manner recommended by the registered training organisation.

 

(j)         An apprentice who is not obliged to attend the trade course in accordance with subclause (c) of this clause shall study the trade course by correspondence, as conducted by the New South Wales Department of Education and Training. For the purpose of taking full advantage of the instruction by correspondence, the apprentice to whom this subclause shall apply, during ordinary working hours, shall study to carry out assignments of this course for two hours each week, and the employer shall pay such apprentice his/her wage and shift penalty rates during such time.

 

(k)        During each stage of the correspondence course referred to in paragraph (j) of this subclause, the apprentice shall attend a registered training organisation for training for such period as is required from time to time by the New South Wales Department of Education and Training, provided that satisfactory progress has been made with correspondence lessons.  Such attendances shall not be undertaken during the period of annual leave, and the employer shall pay all fees, fares and reasonable accommodation expenses in connection with the training for each period of four weeks not otherwise made by the Government of New South Wales.

 

3.  Classifications

 

Bread Industry Employee - Level 6

 

A Bread Industry Employee Level 6 undertakes for a period of up to three months induction training which may include instruction on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, food industry hygiene, equal employment opportunity and quality control/assurance.

 

(i)         General Description

 

An employee at this level performs routine and repetitive duties essentially of a manual nature and to the level of his/her training:

 

1.          Performs general labouring and cleaning duties; including tidying of work area, stacking crates, removing rubbish etc;

 

2.          Exercises minimal judgement;

 

3.          Works under direct supervision;

 

4.          Maintains sanitation/hygiene of work area;

 

5.          Demonstrates good housekeeping procedures;

 

6.          Undertakes structured training so as to enable him/her to progress to higher levels.

 

Bread Industry Employee - Level 5

 

A Bread Industry Employee Level 5 has completed structured training so as to enable the employee to perform work within the scope of this level.

 

(i)         General Description

 

An employee at this level performs work above and beyond the skills of a Level 6 employee and to the level of his/her training:

 

1.          Works under routine supervision or instruction, either individually or in a team environment;

 

2.          Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

 

3.          Reads instructions, records activities and utilises basic statistical control procedures.

 

Indicative of the tasks which an employee at this level may perform are the following:

 

repetition work on automatic, semi automatic or single purpose machines or equipment;

 

use of selected hand tools;

 

keeping of simple records;

 

use of hand trolleys and pallet trucks;

 

assistance in the provision of on the job training;

 

routine repetitive tasks;

 

basic customer service and liaison;

 

maintenance sanitation/hygiene of work area; and

 

awareness of hygiene and importance of microbiological containment.

 

(ii)        Production Strand

 

A Level 5 Production employee must be capable of the following:

 

Performing general product handling, labouring and cleaning duties;

 

performing the tin change operations;

 

monitoring line operation at a work station for quality and consistency.

 

(iii)       Breadroom Strand

 

A Level 5 Breadroom employee must be capable of the following:

 

Operating a crate washer safely;

 

maintaining sanitation of area;

 

loading baskets;

 

operating bagging machine;

 

identifying correct bags;

 

operating cliplocks;

 

knowing correct product codes;

 

monitoring quality - (both bread and packaging);

 

following orders and production runs.

 

(iv)       Sales Strand

 

A Level 5 Sales employee must be capable of the following:

 

Accuracy with figures;

 

possessing and demonstrating good territory and product knowledge;

 

punctuality, diligence and reliability;

 

performing delivery of bulk loads;

 

demonstrating good customer relations;

 

providing customer feedback;

 

communicating with consumers, supervisors and customer staff;

 

recording and maintaining basic records and making simple written reports.

 

Bread Industry Employee Level 4

 

A Bread Industry Employee Level 4 has a general knowledge of the employer’s operations as it relates to production, breadroom or sales processes.

 

Such an employee shall be trained and capable of operating flexibly on more than one work station.

 

(i)         General Description

 

A Level 4 Employee performs work above and beyond the skills of an employee at Level 5 and to the level of his/her training:

 

1.          Is responsible for the quality of his/her own work subject to routine supervision;

 

2.          Works under routine supervision either individually or in a team environment;

 

3.          Exercises discretion within his/her level of skills and training;

 

4.          Is trained to operate machinery and equipment required in the performance of his/her work.

 

Indicative of the tasks which an employee at this level may perform are the following:

 

Receiving, despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), delivering, documenting and recording of goods, materials and components;

 

basic inventory control in the context of a production process;

 

basic keyboard skills;

 

boiler attendant;

 

operation of mobile equipment including forklifts, overhead cranes and winch operation;

 

ability to assess product quality and maintain basic statistical records; and

 

assist in the provision of on the job training.

 

(ii)        Production Strand

 

A Level 4 Production employee must be capable of the following:

 

Understanding the dividing operation and operating machinery;

 

operating affiliated machinery (eg. dusters, rounders, 1st proof);

 

understanding the moulding process and be able to set and adjust.

 

(iii)       Breadroom Strand

 

A Level 4 Breadroom employee must be capable of the following:

 

Understanding the slicing process and operating machinery;

 

operating affiliated equipment (eg. cliplocks, baggers);

 

effectively operating as an order filler (eg. lines person).

 

(iv)       Sales Strand

 

A Level 4 Sales employee must be capable of the following:

 

Maintaining good customer relations;

 

achieving run sales targets;

 

communicating with workers and supervisors;

 

settling accounts;

 

identifying sales opportunities;

 

providing good customer service;

 

general enthusiasm, energy, punctuality and personal hygiene;

 

having good territorial and product knowledge;

 

increasing store sales;

 

providing customer feedback;

 

possessing good people skills.

 

Bread Industry Employee Level 3

 

A Bread Industry Employee Level 3 is an employee who holds an appropriate trades certificate, or an employee of equivalent standing, who has a sound knowledge of the employer’s operations as it relates to production, breadroom or sales processes.

 

Such an employee shall be trained and capable of operating flexibly on more than one work station under limited supervision.

 

(i)         General Description

 

Indicative tasks performed at this level are:

 

1.          Machine setting, loading and operation, on more than one machine;

 

2.          basic quality checks on work of others;

 

3.          lubrication of machinery and equipment;

 

4.          assistance in provision of on job training; and

 

5.          recognition and identification of quality faults, or machine operation faults, rejection of substandard product.

 

(ii)        Production Strand

 

A Level 3 Production Employee must be capable of the following:

 

Recognising and weighing ingredients;

 

monitoring dough quality and adjusting accordingly;

 

operating subsidiary equipment (e.g. broth tanks, seeder, conveyors, dough dividers etc.);

 

operating computerised machinery;

 

understanding the final proof process and operating machinery;

 

understanding the baking process and operating machinery.

 

(iii)       Breadroom Strand

 

A Level 3 Breadroom Employee must be capable of the following:

 

Responsibility for the make up and assembly of orders;

 

despatching deliveries;

 

receiving and checking returns;

 

checking of loads.

 

(iv)       Sales Strand

 

A Level 3 Sales Employee must be capable of the following in addition to the skills of a Level 4 Sales Employee:

 

Assisting with on the job training of new employees;

 

possessing good territorial knowledge of sales area or group sales runs;

 

relieving salesmen and vendors on short notice.

 

Bread Industry Employee Level 2

 

A Bread Industry Employee Level 2 is required to exercise skills and knowledge above and beyond an employee at Level 3 and to the level of his/her training:

 

Understand and apply quality control techniques;

 

exercise good interpersonal communication skills;

 

exercise keyboard skills;

 

exercise discretion within the scope of this grade;

 

perform work under limited supervision either individually or in a team environment;

 

perform work which, while primarily involving the skills of the employee’s training, is incidental or peripheral to the primary task and facilitate the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

 

be able to inspect products and/or materials for conformity with established operational standards;

 

be able to evaluate, analyse and recommend changes to work station problems and procedures.

 

Within the production strand a Level 2 employee has a high understanding of baking technology and practice, including recipe interpretation and mixing processes, and is capable of operating flexibly throughout the production area, including doughmaking.

 

Bread Industry Employee Level 1

 

A Bread Industry Employee Level 1, who may hold a Trade Certificate, may be responsible for task allocation, work scheduling within a plan, training staff, work performance assessment of staff and recommendations for engagement, termination or promotion of staff. Such an employee exercises skills, knowledge and discretion above and beyond a Level 2 employee, and to the level of his/her training:

 

Is able to set up, operate and adjust all machinery and equipment relevant to his/her work area;

 

provides guidance and assistance as part of a work team;

 

exercises discretion within the scope of this level;

 

works under general supervision either individually or in a team environment;

 

understands and implements quality control techniques.

 

(ii)        Production Strand

 

Employees of this level must be of trade or equivalent qualifications; being responsible for an operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section (i.e. equal standard to each operator).

 

(iii)       Breadroom Strand

 

Being responsible for an operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section.

 

(iv)       Sales Strand

 

Understand the sales operations, especially the achievement of sales targets through control of orders, product maintenance and good customer and vendor rapport;

 

develop new business opportunities;

 

understand promotional operations;

 

able to maintain account payments through debt collection;

 

responsible for an operation sales section.

 

4.  Rates of Pay and Allowances

 

(i)         Full-Time Employees

 

(a)        Minimum Rates - the minimum adult weekly rates of pay for full-time employees for each classification from time to time effective, are set out in Table 1, Wages, of Part B Monetary Rates of this Award.

 

(b)        The rates of pay in this Award include the adjustments payable under the State Wage Case 2003. These adjustments may be offset against:

 

1.         any equivalent over award payments and/or

 

2.         award increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

(ii)        Part Time Employees

 

Part time employees shall be paid at the hourly rate of one thirty eighth of the appropriate wage rate of this award, with a minimum payment for four hours each day.

 

(iii)       Casual employees.

 

The hourly rate of pay for casual employees shall be calculated by dividing the appropriate weekly rate of pay by 38 plus 15 per cent, with a minimum payment for two hours for each day.  Casual employees shall be engaged and paid by the hour.

 

(iv)       Rates of pay for Apprentices:

 

 

(v)        Junior Employees, other than apprentices shall receive the following rates of pay:

 

Percentage of Appropriate Classification
Under 17 years of age	71%
At 17 years of age	85%
At 18 years of age	100%

 

(vi)       Allowances

 

The following allowances shall be paid:

 

(a)        Leading Operator Allowances

 

1.         A Leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of more than four people, the achievement of their work task and on the job training, shall receive, in addition to the rate payable for his/her classification, an allowance as set out in Item 3 of Table 2 of Part B.

 

2.         A leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of less than four people, the achievement of their work task, and on the job training, shall receive in addition to the rate payable for his/her classification, an allowance as set out in Item 4 of Table 2 of Part B.

 

(b)        Heavy Vehicle Driving Allowance

 

An employee who is required to drive a vehicle of more than 3 tonnes Gross Vehicle Weight as part of the conditions of employment shall be paid an allowance for all purposes of this Award for driving a vehicle.

 

1.         of over 3 tonnes G.V.W. and up to 4.5 tonnes G.V.W., the amount as set out in Item 5.1 of Table 2;

 

2.         of over 4.5 tonnes G.V.W. and up to 14.95 tonnes G.V.W., the amount set out in Item 5.2 of Table 2;

 

3.         of over 14.95 tonnes G.V.W., the amount set out in Item 5.3 of Table 2;

 

4.         which is a semi-trailer, the amount set out in Item 5.4 of Table 2.

 

(c)        Merchandiser Allowance

 

An employee performing merchandising/demonstrator work who works at a place away from the bakery and is required by the employer to use the employee’s vehicle shall be paid a vehicle allowance consisting of a flat amount as set out in Item 6.1 of Table 2 of Part B of this Award and a variable amount for distance travelled up to 70 km per day worked averaged over the pay week as set out in Item 6.2 of Table 2 of Part B.

 

(d)        First Aid Allowance

 

An employee who has been trained to render first-­aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. John Ambulance or similar body shall be paid an allowance as set out in Item 7 of Table 2 of Part B if appointed by the employer to perform first aid duty.

 

(e)        Boiler Allowance

 

Where an employee is appointed to be in charge of firing a boiler and is appropriately certificated by the Department of Industrial Relations, the employee shall be paid an allowance as set out in Item 8 of Table 2 of Part B.

 

(f)         Meal Allowance

 

An employee required to work overtime for more than two hours without being notified the day before that the employee will be so required to work, shall be paid a meal allowance as set out in Item 9 of Table 2.

 

(g)        Apprentice Allowance

 

(i)         An apprentice who gains a pass at the Stage 1 examination of the trade or correspondence shall, commencing from the first pay period in the calendar year following the examination and continuing for the remainder of his/her term of apprenticeship, be paid a weekly margin as set out in Item 1 of Table 2.

 

(ii)        An apprentice who completes successfully his/her full course in the bread manufacturing trade or correspondence course of technical training shall, in addition to the margin prescribed by paragraph 1 of this subclause and commencing from the first pay period in the calendar year following the examination and continuing for the remainder of his/her term of apprenticeship, be paid a weekly margin as set out in Item 2 of Table 2.

 

5.  Hours of Work

 

(i)         The ordinary hours of work for employees other than part-time employees shall not exceed an average of 38 per week, to be worked on one of the following bases:

 

(a)        38 hours within a work cycle not exceeding 7 consecutive days; or

 

(b)        76 hours within a work cycle not exceeding 14 consecutive days; or

 

(c)        114 hours within a work cycle not exceeding 21 consecutive days; or

 

(d)        152 hours within a work cycle not exceeding 28 consecutive days; or

 

(e)        any other work cycle during which a weekly average of 38 hours is worked as may be agreed between the employer and the employees concerned.

 

(ii)        The ordinary hours of work for part-time employees shall not exceed an average of 30 hours per week, worked on one of the following bases:

 

(a)        30 hours within a work cycle not exceeding 7 consecutive days; or

 

(b)        60 hours within a work cycle not exceeding 14 consecutive days; or

 

(c)        90 hours within a work cycle not exceeding 21 consecutive days or; or

 

(d)        120 hours within a work cycle not exceeding 28 consecutive days; or

 

(e)        any other work cycle during which a weekly average of 30 hours is worked as may be agreed between the employer and the employees concerned.

 

(iii)       The ordinary hours of work prescribed herein may be worked on any day Sunday to Saturday.

 

(iv)       The ordinary hours of work shall be worked on not more than five consecutive days per week provided that by agreement between the employer and the majority of employees affected, the ordinary hours of work may be worked over non-consecutive days of the week.

 

(v)        The ordinary daily hours of work shall be:

 

(a)        for full-time employees, not less than 6 hours nor more than 10 hours per day;

 

(b)        for part-time employees, not less than 4 hours nor more than 10 hours per day.

 

(c)        for casual employees, not less than 2 hours nor more than 10 hours per day.

 

(vi)       Circumstances may arise where different methods of implementation of a 38-hour week will apply to various groups or sections of employees in the factory or establishment concerned.

 

(vii)      Where the hours of work of an establishment, factory or section are organised so as to provide employees with rostered days off, an employee may agree to accrue up to a maximum of 10 rostered days off to be taken within 12 months of the date of accrual.

 

(viii)     The ordinary hours of work prescribed herein shall be worked continuously except for meal breaks.

 

6.  Meals

 

(i)         Each employee must take and each employer must give on each day at least half an hour for a meal after the expiration of 3 hours and commencing within 5 hours of starting work.

 

(ii)        An employee not commencing a meal break within 5 hours of starting work shall be paid ordinary time extra until a meal break is taken with a minimum of one half hour’s pay at such rate.

 

(iii)       Meal breaks shall not count as time worked.

 

(iv)       The meal breaks prescribed in this clause shall be given and taken so as not to interfere with the continuity of work and at times mutually agreed between the employer and the employee.

 

7.  Shift Work

 

(i)         Except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

(ii)        Roster: shift rosters shall specify the commencing and finishing times of ordinary hours of work of the respective shifts. The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees affected to suit the circumstances and needs of the plant or establishment or in the absence of agreement by fourteen days’ notice of alteration given by the employer to the employee.

 

(iii)       An employee shall be entitled to ten consecutive hours off duty after ceasing work on one shift and before commencing work on the next shift. If the next shift is scheduled to commence before ten hours has expired, the employee shall be entitled to be absent from work on that shift until he/she has had ten hours off duty without any deduction being made in ordinary pay or shift penalty payable for such absence.

 

(iv)       Rotation: shifts may be rotated. Different methods of rotation may apply in respect of particular groups or sections of employees in a plant or establishment. Where shifts rotate, the rotation may be weekly, fortnightly, four weekly or at such other interval as may be agreed from time to time between the employer and the majority of the employees affected.

 

(v)        Shift allowance:

 

(a)        an employee whose ordinary hours of work between midnight Sunday and midnight the following Friday are rostered within the hours of 6.00 p.m. one day and 4.00 a.m. the following day shall be paid a shift allowance of 20 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked;

 

(b)        an employee working ordinary hours of work between midnight Friday and midnight Saturday shall be paid a shift allowance of 30 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked; and

 

(c)        an employee working ordinary hours of work between midnight Saturday and midnight Sunday shall be paid a shift allowance of 70 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked.

 

(d)        an employee working ordinary hours of work on a holiday shall be paid a shift allowance of 110 per cent of the ordinary hourly rate of the employee’s classification for each hour so worked.

 

8.  Overtime

(i)

 

(a)        All time worked by an employee in excess of or outside the employee’s ordinary hours of work shall be overtime and shall be paid for at the ordinary hourly rate plus 30 per cent of the ordinary hourly rate for the first two hours on any day, and at the ordinary hourly rate plus 70 per cent of the ordinary hourly rate thereafter.

 

(b)        All overtime worked on a Sunday shall be paid at the ordinary hourly rate plus 70 per cent of the ordinary hourly rate.

 

(c)        All overtime worked on a holiday as provided for in clause 10, Holidays, shall be paid at twice the ordinary hourly rate plus 10 per cent of the ordinary hourly rate.

 

(ii)        Where an employee works overtime on any day and such overtime does not immediately precede or follow ordinary hours of work, an employee shall be paid for a minimum of four hours overtime at the appropriate rate.

 

(iii)       Rest Period After Overtime:

 

(a)        When overtime is necessary it shall wherever reasonably practicable be so arranged that the employee has at least 10 consecutive hours off duty between the work of successive days.

 

(b)        An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next that he/she has not had at least 10 consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        Failing an instruction from his/her employer that an employee should not resume or continue work without having had such 10 consecutive hours off duty he/she shall be paid at the ordinary hourly rate plus 70 per cent until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(iv)

 

(a)        Subject to paragraph (b) of this subclause, an employer may require an employee to work reasonable overtime at overtime rates.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of the said paragraph (b), what is unreasonable or otherwise will be determined having regard to:

 

(1)        any risk to employee health and safety;

 

(2)        the employee’s personal circumstances, including any family and carer responsibilities;

 

(3)        the needs of the workplace or enterprise;

 

(4)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(5)        any other relevant matter.

 

9.  Payment of Wages

 

(i)         Employees shall be paid weekly or in accordance with such other arrangements as may be agreed between the employer and the employees affected.

 

(ii)        Where an employer alters the pay week the employer shall in respect of that week, pay to each employee then employed, by way of an advance, any moneys earned from the end of the new pay week until the end of the "old" pay week.  In respect of each week thereafter until such advance has been repaid the employer may retain $20 from payments due to the employee.  In the event of the termination of employment before repayment of such advance a further deduction of any balance required for that purpose may be made from moneys due to the employee.  Such deductions, together with any additional deductions made for that purpose with the written authority of the employee shall be deductions authorised by this award.

 

9A.  Union Dues

 

(i)         The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(c)        deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

(ii)        The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so.  Such consent may form part of the written authorisation.

 

(iii)       Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

(iv)       Where the employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

(v)        The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly, as the case may be.  The Union shall give the employer a minimum of two months’ notice of any such change.

 

(vi)       An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(vii)      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

(viii)     The above variations shall take effect:

 

(i)         In the case of employers who currently deduct Union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 9 August 2003.

 

(ii)        In the case of employers who do not fall within subparagraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 9 November 2003.

 

(iii)       For all other employers, from the beginning of the first pay period to commence on or after 9 February 2004.

 

10.  Holidays

 

(i)

 

(a)        The days on which the following holidays are observed shall be award holidays, viz., New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen’s Birthday, Anzac Day, Labour Day, Christmas Day, Boxing Day, together with any other days proclaimed or gazetted as a public holiday for the State. The picnic day of the union (which shall be held on the first Tuesday in November each year, or such other day as agreed between the employer and the employee) shall also be observed as a holiday, provided that in Queanbeyan, the picnic day shall be observed as the same day as Labour Day in the Australian Capital Territory.

 

(b)        For the purpose of this subclause an employee shall be treated as working on one of the days specified in paragraph (a) only if that employee works on a shift which is worked in order to produce bread for sale on one of such days even though the shift is not worked on one of such days.

 

(ii)        A weekly employee normally rostered to work on the above holidays shall be entitled to the holiday without loss of ordinary time pay or shift penalty provided that the employee worked on the working day immediately preceding and the working day immediately succeeding the holiday.  Where two holidays fall on consecutive days an employee who worked on either the working day preceding or the working day succeeding either such day but not on both shall be paid for the holiday nearer to the said day on which the employee worked; provided that an employee who produces evidence satisfactory to the employer that the absence from work on any such day before or after a holiday was due to a good and sufficient cause shall not lose payment for the relevant holiday.

 

(iii)       A weekly employee rostered off on a public holiday, except Easter Saturday, shall be entitled to one additional day as a holiday which shall be taken as agreed between the employee and the employer or failing agreement to be added to the employee’s entitlement to annual holidays.

 

11.  Annual Holidays

 

(i)         See the Annual Holidays Act 1944.

 

(ii)        The shift penalty payments prescribed in subclause (v) of clause 7, Shiftwork, of this award shall be regarded as part of the ordinary pay of employees entitled to such payments for the purposes of the Annual Holidays Act 1944.

 

(iii)       An employee who was engaged as a doughmaker on 3 January, 1990, and who has been receiving additional annual holiday per year shall continue to receive that annual holiday whilst ever engaged in that capacity.

 

12.  Annual Holiday Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        Before an employee is given and takes annual holidays, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employee shall be paid 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 (v)).

 

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

 

(iv)       The loading is 17.5% of the employee’s ordinary rate of pay for the period of the annual holiday prescribed by clause 11, Annual Holidays of this award for the classification in which the employee was employed immediately before commencing the annual holiday period or separate periods.

 

(v)        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 the employee 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 (iv) of this clause applying the award rates of wages payable on that day.

 

(vi)       Where, in accordance with the Act, the 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 annual holiday shall be paid the loading calculated in accordance with subclause (iv) 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 under the Act such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the closedown as the employee’s qualifying period of employment in completed weeks bears to 52.

 

(vii)

 

(a)        When 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 (iv) for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee’s employment.

 

(viii)     This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if not on annual holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading prescribed by this clause.

 

13.  Long Service Leave

 

(i)         See Long Service Leave Act 1955.

 

(ii)        The shift penalty payments prescribed by subclause (v) of clause 7, Shiftwork, of this award shall be regarded as part of the ordinary rate of pay of employees entitled to such payments for the purposes of the Long Service Leave Act 1955.

 

14.  Sick Leave

 

(i)         Employees on weekly hiring who, after not less than 3 months’ service, are absent from work on account of personal illness or injury by accident shall be entitled to sick leave, without deduction of pay, subject to the following conditions and limitations:

 

(a)        Employees shall not be entitled to paid sick leave of absence for any period in respect of which they are entitled to workers compensation.

 

(b)        Employees shall within 24 hours of commencement of such sick leave, inform the employer of 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.

 

(c)        An employee shall prove to the satisfaction of the employer that the employee was unable, on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed; provided that for the first two single days for which sick leave is claimed in a year of employment, a medical certificate shall not be required.

 

(d)        Subject to subparagraph (e) the entitlement to sick leave per year of employment shall be 38 hours during the first year of employment and 61 hours during the second and subsequent years of employment.

 

(e)        A part time employee shall, subject to the provisions of this clause be entitled to a proportionate amount of sick leave. The amount of sick leave to which a part time employee is entitled in any year shall bear the same proportion to sick leave prescribed during that year of employment for a full-time employee as the part time employee’s average number of ordinary hours worked during the previous six months of employment, or if there is not a 6 month period of employment then the average number of ordinary hours worked during the actual period of employment, bears to the number of ordinary hours worked by full time employees.

 

(f)         An employee shall be entitled to sick leave without reduction of penalty rates.

 

(ii)

 

(a)        The employee’s entitlement under this clause shall accumulate from year to year so long as the employee’s employment continues with the employer, whether under this or any other award, so that any sick leave entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer subject to the conditions prescribed by this clause in a subsequent year of such continued employment.

 

(b)        For each day’s absence from work, the employee’s accrued sick leave entitlement shall be reduced by the number of ordinary daily hours for which the employee was rostered for that day in accordance with clause 5, Hours of Work.

 

(c)        Where a business, undertaking or establishment or any part thereof is transmitted from one employer to another employer and an employee who at the time of the transmission was employed by the transmittor in that business, undertaking, establishment or part thereof becomes an employee in the employ of the transmittee any sick leave which has accumulated and not been taken during the employment with the transmittor may be claimed by the employee and shall be allowed by the transmittee subject to the conditions prescribed by this clause during the employee’s employment with the transmittee. Sick leave accumulated by an employee pursuant to this paragraph shall be deemed to be sick leave accumulated during the employee’s employment with the transmittee.  An employee who was employed by the transmittor at the time of the transmission and thereafter is employed by the transmittee shall be entitled to sick leave during the first 3 months employment with the transmittee notwithstanding subclause (i) of this clause.

 

(d)        Where an employee is transferred from the service of an employer being a corporation to the service of another employer, being a corporation related to the first employer at the time of the transfer, sick leave accumulated and not taken in the employ of the first employer shall after the transfer be deemed to be sick leave accumulated in the employ of the second employer and the employee shall be entitled to sick leave during the first 3 months of employment with the second employer.

 

(iii)       Service with the employer before the date of coming into force of this award shall be counted as service for the purpose of qualifying for sick leave.

 

15.  Personal Carer’s Leave

 

1.          Use of Sick Leave

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), 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 in clause 14, 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.

 

(b)        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.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a defacto 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

 

(c)        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 defacto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the defacto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

2.          Unpaid Leave for Family Purposes

 

(a)        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 subparagraph (i) of paragraph (c) of subclause (1) who is ill.

 

3.          Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holiday’s 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.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be inclusive of any shutdown period provided for elsewhere under this award.

 

(c)        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.

 

4.          Time Off in Lieu of Payment for Overtime

 

(a)        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 the 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) 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.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

5.          Make-up Time

 

(a)        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.

 

(b)        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), at the shift work rate which would have been applicable to the hours taken off.

 

6.          Rostered Days Off

 

(a)        An employee on shift work may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        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.

 

(d)        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.

 

16.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed by the said subclause (iii) of this clause. Where the death of a person as described by subclause (iii) occurs outside Australia, the employee shall be entitled to up to two days bereavement leave where the employee travels outside Australia to attend the funeral.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       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 as set out in subparagraph (ii) of paragraph © of subclause (1) of clause 15, Personal Carer’s Leave of this Award provided that, for the purpose of bereavement leave, the employee need not have been responsible for the are of the person concerned.

 

(iv)       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.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) (5) and (6) of the said clause 15. In determining such a request the employer will give consideration to the consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

17.  Occupational Superannuation

 

(i)         The employer shall pay on behalf of each full-time adult employee with six months continuous service 3% of the employee’s ordinary rate of pay per week in a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(ii)        The employer shall pay on behalf of each part-time adult employee with six months continuous service working more than twenty hours per week 3% of the employee’s ordinary rate of pay into a fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(iii)       Where an employee is absent, on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee, in respect of the period of unpaid absence.

 

(iv)       The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee’s employment with the employer.

 

(v)        An employer who at the date of the variation of this award is already contributing to a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation, in accordance with the principles established in the State Wage Case of December, 1987 shall be exempt from this clause.

 

(vi)       Where an employer has failed, pursuant to subclause (i) & (ii) of this clause to make application to participate in the fund, the employer shall make application to participate in the fund and upon acceptance by the Trustees shall make an initial contribution to the fund, in respect of each employee, as if the employer had made application to participate in the fund and been accepted by the Trustees prior to 28 February 1992, after which the employer shall then continue to make payments as prescribed by this award.  Other than for back-payment contributions, the employee shall not be entitled to:

 

(a)        interest on contributions; and/or

 

(b)        death and disability cover,

 

until such time as the employer becomes a member of the fund;  that is, the date of acceptance by the trustees.

 

18.  Shortage of Money Or Bread

 

(i)         An employee who delivers bread shall be supplied with a copy of the loading slip for each load taken during the day.

 

(ii)        Except in the case of dishonesty, an employee shall not be required to make good any shortage of money or bread appearing on the face of the employee’s book or statement of delivery unless notified of such shortage of money or bread within 48 hours after the day on which the entry in the book or statement has been made and that employee has been given an opportunity of checking same.  Saturdays, Sundays, and holidays are not to be reckoned in the said 48 hours.

 

(iii)       Where the employee is notified of the shortage within the period prescribed by subclause (ii) of this clause, the employer may, each week, until the whole shortage is satisfied, deduct an amount on account thereof from the wages due to the employee: provided that the employee is paid a gross sum not less than two-thirds of the pay prescribed for an employee by clause 4, Rates of Pay, of this award;  provided further that in the case of dishonesty or in the case of termination of services, the full amount of the wages due may be retained by the employer.

 

Deductions in respect of shortages notified in accordance with the provisions of this clause shall commence within 3 months of such notification and then continue each week until the shortage is repaid, otherwise the right to deduct shall be forfeited.

 

(iv)       Employees shall be notified each week of the overs and shortages.  Any overs are to be credited to the employee and shall be available to meet subsequent shortages; provided that any credit at the end of any accounting quarter may be forfeited except that shortages and overs in the last two weeks of any quarter may be offset against overs or shortages in the first two weeks of the next quarter.

 

(v)        For the purpose of this clause where more than one employee is regularly employed delivering on any bread run from one vehicle or conveyance, each shall be supplied by the employer with a book in which the employee shall enter up, daily, the amount of bread that the employee delivers to each customer served by the employee and any cash received.  This subclause shall not apply to an employee learning the run.

 

(vi)       Unless an employee is furnished with a list of bread and bread rolls delivered to customers and cash received on the employee’s run by some other person the employee shall not be responsible for the booking thereof.

 

19.  Jury Service

 

(i)         A weekly employee shall be allowed leave of absence during any period when required to attend for jury service.

 

(ii)        During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee’s normal rate of pay.

 

(iii)       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.

 

20.  Redundancy

 

(i)         Application

 

(a)        This clause shall apply in respect of full time and part time employees employed in the classifications specified by the parent award.

 

(b)        This award shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(c)        Notwithstanding anything contained elsewhere in this award, this clause 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.

 

(d)        Notwithstanding anything contained elsewhere in this award, this clause 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.

 

(ii)        Introduction To Change

 

(a)        Employer’s duty to notify

 

1.         Where an employer has made a definite decision to introduce major changes in 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.

 

2.         ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employers 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 or 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 herein, an alteration shall be deemed not to have significant effect.

 

(b)        Employers Duty To Discuss Change -

 

1.         The employers shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (ii) above, Employers duty to notify, of this clause, 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.

 

2.         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 subclause (ii) of this clause.

 

3.         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.

 

(iii)       Redundancy

 

(a)        Discussions Before Terminations -

 

1.         Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (a) of subclause (ii), Introduction of Change, 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.

 

2.         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 (1) of this subclause 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 of the employees concerned.

 

3.         For the purposes 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.

 

(iv)       Termination Of Employment

 

(a)        Notice For Changes In Production, Program, Organisation or Structure -

 

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘production’, ‘program’, ‘organisation’ or ‘structure’ in accordance with subclause (ii)(a) of this clause.

1.         In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

 

2.         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.

 

3.         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.

 

(b)        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 subclause (ii)(a) of this clause:

 

1.         In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

2.         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.

 

3.         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.

 

(c)        Time Off During The Notice Period -

 

1.         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 days, for the purposes of seeking other employment.

 

2.         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.

 

(d)        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 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.

 

(e)        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.

 

 

(f)         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.

 

(g)        Centrelink 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.

 

(h)        Transfer To Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in subparagraph (1) of subclause (ii), Introduction of Change, of this clause, the employee shall be entitled to the same period  of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

(v)        Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subparagraph (iv) of this clause, 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:

 

1.         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

 

2.         Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of service	45 years of Age & 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

 

3.         ‘Weeks 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:

 

(b)        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 subparagraph (a) above.

 

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subparagraph (a) above will have on the employer.

 

(c)        Alternative Employment -

 

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 subparagraph (a) above if the employer obtains acceptable alternative employment for an employee.

 

21.  Anti Discrimination

 

(i)         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 ground of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(ii)        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.

 

(iii)       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.

 

(iv)       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 practise 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.

 

(v)        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.

 

22.  Settlement of Disputes and Grievances

 

(i)         Procedures relating to grievances of individual employees:

 

(a)        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 remedies sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with gradual steps for further discussions and resolutions at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussions at each level of authority.

 

(d)        At the conclusion of the discussions, 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.

 

(e)        Whilst a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedures relating to disputes etcetera between employers and their employees:

 

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

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        Whilst a procedure is being followed, normal work must continue.

 

(d)        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 purpose of each procedure.

 

23.  Area, Incidence and Duration

 

(a)        The Bread Industry (State) Award and shall apply to:

 

(i)         the classes of employees specified in clause 3, Classifications, of this award within the jurisdiction of the Baking Industry (State) Industrial Committee.

 

(ii)        apprentices to the trade of bread manufacturing, being a trade declared for the purposes of the Apprenticeship and Traineeship Act 2001.

 

(b)        The changes made to the award pursuant to the award review under section 19(6) of the Industrial Relations Act 1996 and principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (85 IR 38) take effect on and from 5 February 2004.

 

(c)        This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Former Rate	SWC2003	Total Rate
	per Week		per Week
	$	$	$
Bread Industry Employee Level 1	605.70	17.00	622.70
Bread Industry Employee Level 2	564.20	17.00	581.20
Bread Industry Employee Level 3	542.50	17.00	559.50
Bread Industry Employee Level 4	508.10	17.00	525.10
Bread Industry Employee Level 5	486.50	17.00	503.50
Bread Industry Employee Level 6	463.60	17.00	480.60

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			Payable
			$
1	2(v)(b)	Apprentices’ Allowance: Stage 1 pass	5.20 per week
	4(vi)(g)(i)
2	2(v)©	Apprentices’ Allowance: Completion of course	14.70 per week
	4(vi)(g)(ii)
3	4(vi)(a)(1)	Leading Operator: More than 4 employees	26.80 per week
4	4(vi)(a)(2)	Leading Operator: Up to four employees	13.50 per week
5	4(vi)(b)	Heavy Vehicle Driving Allowance:
5.1	4(vi)(b)(1)	Over 3 and up to 4.5 tonnes	3.40 per week
5.2	4(vi)(b)(2)	Over 4.5 tonnes and up to 14.95 tonnes	26.70 per week
5.3	4(vi)(b)(3)	Over 14.95 tonnes	35.30 per week
5.4	4(vi)(b)(4)	Semi-trailer	63.50 per week
6	4(vi)©	Merchandiser Allowance:
6.1		Flat amount	14.00 per day
6.2		Variable amount	28 cents per km
7	4(vi)(d)	First-aid Allowance	12.00 per week
8	4(vi)(e)	Boiler Allowance	11.60 per week
9	4(vi)(f)	Meal Allowance	10.00 per meal

 

SCHEDULE A

 

Award and Variations Incorporated

 

Clause	Award/Variation	Date of Publication	Date of taking Effect	Industrial Gazette
				Vol	Page
4, Part B	B9610	19.01.01	09.08.00	321	967
4, Part B	CO817	14.12.01	09.08.01	330	443
21	C1016	08.03.02	31.05.01	331	1077
4, Part B	C1384	08.11.02	09.08.02	336	1166
4, Part B, 9A, 8	C2175	n/a	09.08.03	n/a	n/a

 

SCHEDULE B

 

Changes Made on Review

Date of Effect: 5 February 2004

(1) Provisions Modified:

 

Award	Clause	Previous Form of Clause
		Last Published at:
		IG Vol	Page
Miscellaneous Bread Industry (State) Award	2(i)(g)	319	506
Miscellaneous Bread Industry (State) Award	2(ii)(a)	319	507
Miscellaneous Bread Industry (State) Award	2(v)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(a)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(e)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(f)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(f)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(g)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(h)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(i)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(j)	319	508
Miscellaneous Bread Industry (State) Award	2(v)(k)	319	509
Miscellaneous Bread Industry (State) Award	4	319	514
Miscellaneous Bread Industry (State) Award	10(i)(a)	319	519
Miscellaneous Bread Industry (State) Award	23(b)	319	530

 

(2) Provisions Removed

 

Award	Clause	Previous Form of Clause
		Last Published at:
		IG Vol	Page

 

(1)        Rescinded Obsolete Awards Related to this Review:

 

Not Applicable

 

Baking Industry (State) Industrial Committee

 

Industries and Callings

 

Bread salespersons and all persons engaged in or in connection with the selling and/or delivery of bread or bread rolls or baked goods (including persons engaged who are deemed to be employees pursuant to subclause (e) of Schedule 1 of the Industrial Relations Act 1996, breadroom hands, and all persons employed in bakeries in or in connection with the slicing and/or wrapping of bread, loaders, grooms, stablepersons and yardpersons, employed in connection therewith in the State, excluding the County of Yancowinna; and

 

Machine and hand bakers and assistants in the State, excluding the County of Yancowinna;

 

excepting -

 

Engine drivers and firepersons, greasers, trimmers, cleaners and pumpers engaged in and about the driving of engines, and electrical crane, winch and motor drivers.

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.