STAEDTLER (PACIFIC) PTY LTD
AWARD 1999
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5802 of 2003)
|
Before Commissioner
Cambridge
|
13 April and 18 October 2004
|
REVIEWED AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Hours
4. Wages
5. Casuals
6. Overtime
7. Sunday
and Holiday Rates
8. Recall
9. Training
10. Multi-skilling
11. Holidays
12. Meal Breaks
and Meal Money
13. Payment of
Wages
14. Term of
Engagement
15. Sick Leave
16. Personal/Carer’s
Leave
17. Bereavement
Leave
18. Jury
Service
19. Long
Service Leave
20. Annual
Leave
21. First-aid
22. Uniforms
23. Disciplinary
Procedure
24. Redundancy
25. Grievance
and Dispute Resolution Procedure
26. Automation
and Mechanisation
27. Consultative
Mechanism
28. Superannuation
29. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
2. Title
This award shall be known as the Staedtler (Pacific) Pty Ltd
Award 1999.
3. Hours
The ordinary hours of work prescribed herein shall be 38 per
week and shall not exceed ten on any one day. The ordinary hours are to be
worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday. Provided
that:
(i) In any
arrangement of ordinary working hours where they are to exceed eight on any one
day, the arrangement of hours shall be subject to agreement between the
employer and the majority of employees in the plant or work sections concerned.
(ii) The spread of
hours may be altered by mutual agreement of the employer and the majority of
employees in the plant or section or sections concerned.
(iii) In any
arrangement of ordinary working hours where the ordinary working hours are to
exceed eight on any day, the arrangement of hours shall be subject to agreement
between the section or sections concerned. Ordinary hours not exceeding 12 on
any day may be worked, subject to:
(a) the employer
and the employees concerned being guided by the occupational health and safety
provisions of the ACTU Code of Conduct on 12-Hour Shifts;
(b) proper health
monitoring procedures being introduced;
(c) suitable
roster arrangement, being made; and
(d) proper
supervision being provided.
Notwithstanding anything contained in subclauses (i) and
(ii) of this clause, employees may be engaged on afternoon and night
shifts. Such employees shall be paid a
shift allowance of 25 per cent of the ordinary hourly rate while working on
afternoon shift and 331/2 per cent of the ordinary hourly rate while on night
shift. For the purposes of this clause,
"afternoon shift" shall mean a shift finishing after 6.00 p.m. and at
or before midnight, and "night shift" shall mean a shift finishing
after midnight and at or before 7.30 a.m.
4. Wages
(i) Grades - All
adult employees shall be graded in one of the following classifications and
informed accordingly in writing within 14 days of appointment to such
position. Payment for each classification
level is as set out in Table 1.
(a) Setter-up -
Will carry out more advanced machine setting, basic quality checks, supervision
of batch changes and regular maintenance within the scope of this
qualification.
(b) Despatch - Will
carry out the normal duties implied by this classification, including checking
of goods, dealing with paperwork appropriate to this and, where licensed to do
so, deliveries outside the factory complex.
(c) Grooving and
Shaping Machine Operator - Will carry out the functions required on these
machines and their associated feeding, clamping and cutting devices. Such
functions will include basic maintenance, rectification of minor machine
faults, batch change adjustments and basic quality checks.
(d) All Other
Machine Operators - Will carry out the operator functions of these machines
after appropriate training. Such functions will include basic maintenance,
rectification of minor machine faults, batch change adjustments and basic
quality checks.
(e) All Other
Employees - Will carry out basic functions not included in the classifications
above. Such functions will include basic quality checks.
(ii) Junior
Employees - The minimum rates of wages to be paid to junior employees shall,
subject to the other provisions of this award, be the following percentages of
the total wage for the classification of All Other Employees in paragraph (e)
of subclause (i) of this clause, from time to time effective, rounded to the
nearest five cents:
Under 17 years of age60 per cent.
At 17 years of age80 per cent.
(iii) Any employee
required to operate a fork lift shall be paid an amount per hour as set out in
Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Such
work is performed with a maximum payment in any week of an amount as set out in
the said Item 1.
(iv) The rates of
pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Casuals
Casual employees shall be paid at the appropriate hourly
rate for the classification concerned and outlined in clause 4, Wages, plus 15
per cent. Casual employees shall be
engaged and paid by the hour. Casual
employees shall receive a minimum payment of four hours per start.
6. Overtime
(i) Except as
hereinafter provided, all time worked in excess of the hours prescribed in clause
3, Hours, shall be paid for at the rate of time and one-half for the first two
hours and double time thereafter.
Reasonable Overtime
(a) Subject to
paragraph (b) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(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 paragraph (ii) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
When overtime work is necessary it shall, where
reasonably practicable, be so arranged that the employee has at least ten
consecutive hours off duty between work on consecutive days.
An employee on day work who works so much overtime
between his/her usual finishing time on one day and the commencement of his/her
ordinary work on the next day that the employee has not had at least ten
consecutive hours off duty between those times shall, subject to this clause,
be released after completion of such overtime until he/she has had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
If, on the specific instructions of the employer, such
employee on day work resumes or continues work without having had such ten
consecutive hours off duty, he/she shall be paid at double time until released
from duty.
(ii) Time off in
lieu of overtime may be taken at ordinary rates if requested by the employee.
When time off in lieu is at the request of the employer, time off is calculated
with the appropriate penalty rate applying. Such time off in lieu can only be
taken when agreement exists between the parties.
7. Sunday and Holiday
Rates
(i) All work
performed by any employee on a Sunday shall be paid for at the rate of double
time, with a minimum payment of four hours per start.
(ii) All work
performed on the holidays prescribed by clause 11, Holidays, shall be paid at
the rate of double time and a half, with a minimum payment of four hours per
start.
8. Recall
An employee who is recalled to work after leaving the place
of employment shall be paid a minimum of four hours at overtime rates.
9. Training
Employees may be required to undertake training for a wider
range of duties and/or access to higher skill levels as detailed in clause 4,
Wages.
10. Multi-Skilling
(i) The parties
to this award are committed to co-operating positively to increase the
efficiency, productivity and competitiveness of the industry.
(ii) Employees
shall perform work which is incidental or peripheral to their main tasks or
functions and is within the scope of their skills and competence, provided this
is not meant to deskill the workforce.
(iii) Discussion
from time to time may take place at the enterprise with the view towards
workers performing a wider range of tasks and towards the removal of
demarcation barriers.
11. Holidays
(i) New Year's
Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday,
Eight-hour Day, Christmas Day and Boxing Day are the days proclaimed as public
holidays for the State and observed in the locality of the enterprise. With the mutual consent of the employer and
the majority of employees, the union picnic day may be added to annual leave in
lieu of such picnic day.
No deduction shall be made from the wages of weekly
employees for such holiday. Provided
that where an employee, without leave or reasonable excuse, is absent from work
on the working day immediately preceding or succeeding any holidays, he or she
shall not be entitled to payment for such holiday.
(ii) When the employer
terminates the employment of an employee within one week of the day on which an
award holiday occurs, the employee shall be paid for such holidays, provided
such employee has been employed by the employer for at least one month and
employment has not been terminated for misconduct.
12. Meal Breaks and
Meal Money
(i) A period of
at least 30 minutes and not more than one hour shall be allowed for meals, to
be taken at a mutually agreed time and in a manner so as not to disrupt the
production process.
A morning tea break of ten minutes shall be allowed
without loss of pay.
(ii) No employee
shall work for more than five hours without a suitable interval for a meal
unless at the request of the employee.
(iii) Any employee
required to work overtime for more than one hour without being notified the day
before that he or she will be so required to work shall either be supplied with
a meal by the employer or paid an amount as set out in Item 2 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
13. Payment of Wages
(i) Except where
otherwise agreed upon between the majority of the employees and the employer,
wages shall be paid weekly on the same day each week within 15 minutes of
leaving work and any employee kept waiting beyond 15 minutes shall be paid
overtime rates for the time kept waiting beyond the said 15 minutes.
(ii) Where an
employee's services are terminated by the employer for reasons other than
misconduct, all wages due to the employee shall be paid immediately.
(iii) Where the
employment is terminated by reason of the employee's misconduct, all wages due
to the employee shall be paid within 24 hours of such termination, and at the
rate of the classification under which the employee was last employed for all
working time until such payment is made.
(iv) Notwithstanding
subclause (i) of this clause, all ordinary-time earnings may be paid, in the
employer's time, at least once each fortnight.
Furthermore, such payment may be made by cheque or by electronic funds
transfer to an individual employee's account at a financial institution
mutually agreed upon, in the following cases:
(a) where the
majority of employees and the employer agree;
(b) by individual
agreement between an employer and any particular employee;
(c) at the
employer's discretion for any new employees employed after 30 June 1992.
(v) Overtime shall
be paid within a week from the pay day succeeding the day or days on which such
overtime becomes due. Provided that where
wages are paid fortnightly, overtime shall be paid within the fortnight from
the day succeeding the day or days on which such overtime became due.
14. Term of
Engagement
(i) All
employees, other than casual employees, shall be engaged by the week and paid
by the week.
In order to terminate the employment of a permanent
employee the employer must give to the employee the following notice:
|
Period of Service
|
Period of Notice
|
|
|
|
|
1 year or less
|
1 week
|
|
1 year and up to the completion of 3 years
|
2 weeks
|
|
3 years and up to the completion of 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
In addition to the notice in (i) employees over 45 years
of age at the time giving of the notice with not less than two years service
are entitled to an additional weeks notice.
Payment in lieu of notice prescribed in (i) must be
made if the appropriate notice period is not given. Provided that employment
may be terminated by part of the notice specified and part payment in lieu
thereof.
In calculating payment in lieu of notice, the wages an
employee would have received in respect of the ordinary time he or she would have
worked during the period of notice must be used
The period of notice in this clause does not apply in
the case of dismissal for serious misconduct, or in the case of casual
employees, apprentices, or employees engaged for a specific period of time or
for a specific task or tasks.
(ii) The notice of
termination required to be given by an employee shall be the same as that
required of an employer, except that there is no additional notice based on the
age of the employee concerned. If an employee fails to give notice the employer
has the right to withhold moneys due to the employee to a maximum amount equal
to the ordinary time rate of pay for the period of notice.
(iii) Provided that
this shall not affect the right of the employer to dismiss an employee without
notice for misconduct, in which case payment shall be made up to the time of
dismissal of such employee.
(iv) Employment for
the first three months shall be considered probationary.
Employment during such probationary period may be
terminated only by one hour's notice on either side, or by the payment or
forfeiture, as the case may be, of one hour's wages in lieu of notice.
Any employee who has once served a probationary period
of three months with the employer shall not be required to serve another
probationary period.
(v) The company
may make application to the Industrial Relations Commission of New South Wales
for a stand down order on the basis that such application refers to
circumstances unforeseen and beyond the company's control.
15. Sick Leave
(i) Each employee
on weekly hiring who has completed three months' continuous service and is
absent from work on account of personal illness shall be entitled to leave of
absence with pay, subject to the following conditions and limitations:
(a) Each
application for leave under this provision shall be determined individually.
(b) The employee
shall, within two hours of the commencement of such absence, inform the
employer of the inability to attend for duty and, as far as practicable, state
the nature of the illness or injury and the estimated duration of the absence.
(c) Employees
shall furnish such evidence as the employer may reasonably require that they
were unable, by reason of such illness or injury, to attend for duty on the day
or days for which sick leave is claimed.
(d) When an
employee has completed three months' continuous service, that employee shall be
entitled retrospectively to sick leave taken in accordance with this clause
during that three months' continuous service.
(ii) Subject to
paragraph (b) of subclause (i) of this clause, the employee shall be entitled
to five days' sick leave during the first 12 months of employment and eight
days during the second year of employment and ten days during each subsequent
year of employment.
16. 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 15, Sick
Leave, of this Award, 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 including a former spouse, a de-facto spouse or a former de-facto
spouse; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(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 de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto 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 the 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.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(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 (ii) 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 Holidays Act
1944, to take annual leave not exceeding five days in single day periods or
part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive 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 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(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 on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
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.
17. Bereavement Leave
17.1 An employee
other than a casual employee shall be entitled to up to 4 days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 17.3 below.
17.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
17.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 16(1)(c), provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
17.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
17.5 Bereavement
leave may be taken in conjunction with other leave available. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
18. Jury Service
An employee on weekly hiring required to attend for jury
service during ordinary working hours shall be reimbursed by the employer an amount
equal to the difference between the amount paid in respect of such attendance
for such jury service and the amount of wage the employee would have received
in respect of the ordinary time that the employee would have worked had jury
service not occurred.
Employees shall notify the employer as soon as possible of
the date upon which they are required to attend for jury service. Further, the employees shall give the
employer proof of such attendance, the duration of such attendance and the
amount received in respect of such jury service.
19. Long Service
Leave
See Long Service Leave Act 1955.
20. Annual Leave
(a) See Annual
Holidays Act 1944.
(b) Annual Leave
Loading -
(i) In this
clause, the Annual Holidays Act 1944 is referred to as "the Act".
(ii) Before an
employee is given and takes an annual holiday or where, by agreement between
the employer and the employee, the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the
employer shall pay the employee a loading determined in accordance with this
clause.
NOTE: The obligation to pay in advance does not apply
where an employee takes an annual holiday wholly or partly in advance - see
subclause (vii) of this clause.
(iii) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled or, where such holiday is given and
taken in separate periods, then in relation to each such separate period.
NOTE: See subclause (vii) of this clause as to holidays
taken wholly or partly in advance after 31 December 1974.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (v) of this clause, at the rate per week of 17.5 per cent
of the appropriate ordinary weekly time rate of pay prescribed by this award
for the classification in which the employee was employed immediately before
commencing his/her annual holiday.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he/she would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (vi) of this clause, applying the
award rate of wages payable on that day.
(vii) 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 a holiday shall be paid the loading calculated in accordance with
subclause (vi) of this clause.
(b) An employee who
is not entitled under the Act to an annual holiday and who is given and takes
leave without pay shall be paid, in addition to the amount payable to him/her
under the Act, such proportion of the loading that would have been payable to
the employee under this clause if he/she had become entitled to an annual holiday.
(viii) 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, the
employee shall be paid a loading calculated in accordance with subclause (vi)
of this clause for the period not taken.
21. First-Aid
An employee required by the employer to act as a first-aid
person shall be paid an amount per day as set out in Item 3 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates. (For details of the first-aid
chest, see relevant Occupational Health and Safety legislation and
regulations.)
22. Uniforms
The employer shall provide each employee with two uniforms
each year. It shall be the
responsibility of the employee to ensure that the uniform is kept clean.
23. Disciplinary
Procedure
The following procedure shall be adhered to by the company
and the employees:
(i) Employees who
exhibit unsatisfactory performance or behaviour shall be counselled so that
they understand the standards expected of them and will be offered assistance
and guidance in achieving those standards.
(ii) Confidential
written records of such counselling will be made. The employee will be shown the written record and will have the
opportunity of commenting on its contents, whether in writing or orally. The record will only be placed on the
employee's file when the employee has been given the opportunity of responding
to the record.
(iii) Employees
whose performance or behaviour is unsatisfactory will be given adequate time to
demonstrate a willingness to improve.
If, at the end of this period, the employee shows no willingness to
improve, in the opinion of the company, then disciplinary action up to and
including dismissal may be taken.
(iv) Nothing in the
procedure shall limit the right of the company to summarily dismiss an employee
for serious and wilful misconduct.
(v) At all stages
of the disciplinary process the employee will be entitled to have another
available employee present as a witness, if desired. The union representative may be informed, providing employee
confidentiality is not breached.
24. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full-time and part- time persons employed in the
classifications specified by clause 4, Wages.
(ii) This clause
shall apply, in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees, in the terms
of paragraph (i) of subclause (D) of this clause.
(iii) 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 not 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 employment.
(iv) 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.
(B) Introduction of
Change -
(i) Employer's
Duty to Notify -
(a) 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 effect on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effect" includes termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in paragraph (i) of this
subclause, the effects the changes are likely to have on employees and measures
to avert or mitigate the adverse effects of such changes on employees, and
shall give prompt consideration to matters raised by the employees and/or the
union in relation to the changes.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (i).
(c) For the
purposes of such discussions, 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 the 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.
(C) Redundancy -
(i) Discussions
before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(a) of paragraph (i) of subclause (B), Introduction of Change, of this clause,
and that decision may lead to the termination of employment, the employer shall
hold discussions with the employees directly affected and with the union to
which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of subparagraph (a) of this
paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to mitigate
any adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned, and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees 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.
(D) Termination of
Employment-
(i) 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 subparagraph (a) of paragraph (i) of subclause (B) of this clause.
(a) In order to
terminate the employment of an employee, the employer shall give the employee
the following notice:
|
Period of continuous service
|
Period of notice
|
|
|
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) 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.
(ii) Notice for
Technological Change - This paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (a) of paragraph (i) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time Off
during the Notice Period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for the
purpose of seeking other employment the employee shall, at the request of the
employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) 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
as those to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(v) 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.
(vi) Notice to
Centrelink - Where a decision has been made to terminate the employment of
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.
(vii) Centrelink
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.
(viii) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in subparagraph (a) of paragraph (i) of subclause (B) 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 rate for the number of
weeks of notice still owing.
(E) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to paragraph (i) of
subclause (D) of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the employee
the following severance pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of service
|
Under 45 years of
age entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over 1
|
16 weeks
|
(b) Where an employee
is 45 years of age or over, the entitlement shall be in accordance with the
following scale:
|
Years of service
|
Under 45 years of
age 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 1
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
clause 3, Wages.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause.
The Industrial Relations Commission of New South Wales
shall have regard to such financial and other resources of the employer
concerned as the Commission thinks relevant, and the probable effect paying the
amount of severance pay in the said paragraph (i) will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount)of severance pay than that contained in paragraph (i) of this subclause
if the employer obtains acceptable alternative employment for an employee.
25. Grievance and
Dispute Resolution Procedure
The procedure for the resolution of industrial disputation
will be in accordance with the following: These procedural steps are:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee
is required to notify the employer (in writing or otherwise) as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion 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) While a procedure
is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedure for
a dispute between an employer and the employees:
(a) A question, dispute
or difficulty must initially be dealt with as close to its source as possible,
with graduated steps for further discussion and resolution at higher levels of
authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While 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.
(e) If the matter
remains unresolved at the workplace level either party may refer the matter to
the Industrial Relations Commission of NSW for assistance in resolving the
matter.
26. Automation and
Mechanisation
Where, on account of the introduction or proposed
introduction by an employer of mechanisation or technological changes in the
industry in which they are engaged, the employer terminates the employment of
an employee who has been employed for a period of the 12 preceding months, the
employer shall give the employee three months' notice of the termination of
employment; provided that, if the employer fails to give such notice in full,
the employer shall pay the employee at the ordinary rate of pay applicable
under this award for a period equal to the difference between three months and
the period of the notice given, and the period of notice required by this
clause to be given shall be service with the employer for the purpose of the Long
Service Leave Act 1955, the Annual Holidays Act 1944, or any Act
amending or replacing either of those Acts; and provided further that the right
of the employer summarily to dismiss an employee for malingering, inefficiency,
neglect of duty or misconduct shall not be prejudiced by the fact that the
employee has been given notice pursuant to this clause of the termination of
employment.
27. Consultative
Mechanism
Parties to this award shall establish a consultative
mechanism, appropriate to the size, structure and needs of the enterprise, for
the purposes of consultation and negotiation on matters affecting their
efficiency and productivity.
28. Superannuation
The Company will provide superannuation contributions
according to the following table to the Staedtler Employees Superannuation Fund
(which is a complying fund for the purposes of Superannuation Guarantee
Legislation), or such other amount of superannuation contribution that is
required from time to time by relevant superannuation legislation and
regulations.
|
Year
|
Percentage of Ordinary
Time Earnings
|
|
|
|
|
1999-2000
|
7
|
|
2000-2001
|
8
|
|
2001-2002
|
8
|
|
2002 -2003 and subsequent years
|
9
|
29. 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 grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(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. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(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 practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(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.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
30. Area, Incidence
and Duration
This award rescinds and replaces the Staedtler (Pacific) Pty
Ltd Award 1999, published 10 November 2000 (320 I.G. 172), as varied. It applies to all employees engaged in the
manufacture of pencils in wood, crayons, writing pastels and chalks and
assembling of pens, markers and erasers at the Staedtler (Pacific) Pty Ltd
enterprise at Dee Why in the State of New South Wales.
The Award comes into effect on 12 November 1999 and shall
remain in force until 1 November 2000.
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 13
April 2004.
This award remains in force until varied or rescinded, the
period for which it was made already having expired
PART B
MONETARY RATES
Table 1 - Wages
|
Category
|
Level
|
SWC 2002
|
Hourly rate
|
Hourly rate
|
SWC 2003
|
SWC 2003
|
Hourly rate
|
Hourly
|
|
|
|
Weekly rate
|
permanent
|
casual
|
Adjustment
|
Total
|
permanent
|
rate
|
|
|
|
permanent
|
|
*
|
|
weekly rate
|
|
casual
|
|
|
|
amount**
|
|
|
|
|
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Setter Up
|
1
|
477.60
|
12.56843
|
15.65817
|
17.00
|
494.60
|
13.0158
|
16.2155
|
|
Cat. 1
|
|
|
|
|
|
|
|
|
|
|
2
|
490.10
|
12.89737
|
16.06797
|
17.00
|
507.10
|
13.3447
|
16.6253
|
|
|
3
|
503.60
|
13.25264
|
16.51058
|
17.00
|
520.60
|
13.70
|
17.0679
|
|
Despatch
|
1
|
465.10
|
12.23948
|
15.24835
|
17.00
|
482.10
|
12.6868
|
15.8056
|
|
Cat. 2
|
|
|
|
|
|
|
|
|
|
|
2
|
|
|
|
17.00
|
|
|
|
|
|
3
|
489.00
|
12.86843
|
16.03192
|
17.00
|
506.00
|
13.3158
|
16.5893
|
|
All Other
|
|
|
|
|
|
|
|
|
|
Machine
|
|
|
|
|
|
|
|
|
|
Operator
|
1
|
438.10
|
11.52895
|
14.36315
|
17.00
|
455.10
|
11.9763
|
14.9204
|
|
Cat. 4
|
|
|
|
|
|
|
|
|
|
|
2
|
449.55
|
11.83027
|
14.73854
|
17.00
|
466.55
|
12.2776
|
15.2958
|
|
|
3
|
461.00
|
12.13158
|
15.11393
|
17.00
|
478.00
|
12.5789
|
15.6712
|
|
All Other
|
|
|
|
|
|
|
|
|
|
Employees
|
|
|
|
|
|
|
|
|
|
(Packer)
|
1
|
431.40
|
11.35264
|
14.14350
|
17.00
|
448.40
|
11.80
|
14.7008
|
|
Cat. 5
|
|
|
|
|
|
|
|
|
|
|
2
|
437.00
|
11.50000
|
14.32708
|
17.00
|
454.00
|
11.9474
|
14.8845
|
|
|
3
|
448.50
|
11.80264
|
14.70412
|
17.00
|
465.50
|
12.25
|
15.2615
|
* Casual Rate + 15%
plus 1/12 of Total /38 hour week
** Weekly Rate
Permanent rounded to nearest 5 cents
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
SWC 2002 Amount
|
SWC 2003Amount
|
|
|
|
|
$
|
$
|
|
1
|
4(iii)
|
Fork Lift Allowance
|
0.40 per hour
|
0.41 per hour
|
|
|
|
|
7.46 per week
|
7.70 per week
|
|
|
|
|
(max.)
|
(max)
|
|
2
|
12(iii)
|
Meal Money
|
8.30 per meal
|
8.55 per meal
|
|
3
|
21
|
First Aid
|
1.60 per day
|
1.65 per day
|
"Note": These allowances are contemporary for
expense related allowances as at 30 March 2003 and the work related allowances
are inclusive of adjustment in accordance with the May 2003 State Wage Case
Decision of the Industrial Relations Commission of New South Wales.
I. W. CAMBRIDGE,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.