CEMENT INDUSTRY (STATE)
CONSOLIDATED AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5705 of 2003)
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Before Commissioner
Cambridge
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16 April 2004 and
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7 September 2004
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REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Hours of
Work
4. Rates of
Pay
5. Extra
Rates
6. Mixed
Functions
7. Shift
Work
8. Overtime
9. Labour
Flexibility
10. Enterprise
Arrangements
11. Contract
of Employment
12. Requirements
to Work in Accordance with the Needs of the Industry
13. Holidays
14. Saturday,
Sunday and Holiday Rates
15. Annual
Leave
16. Long
Service Leave
17. Jury
Service
18. Sick Leave
19. Personal
Carer's Leave
20. Bereavement
Leave
21. Accident
Pay
22. Union
Delegates
23. Meal Money
24. Anti-Discrimination
25. Dispute
Settling Procedure
26. Redundancy
27. Superannuation
28. Training
Wage
29. Leave
Reserved
29A. Deduction of
Union Membership Fees
30. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
2. Definitions
(i) Shift Workers
mean employees working on a one, two or three shift system.
(ii) Day Workers mean
employees other than shift workers.
(iii) Continuous
work means work carried on with consecutive shifts of employees throughout the
24 hours of at least six consecutive days without interruption except during
breakdowns or meal breaks or due to unavoidable causes beyond the control of
the employer.
3. Hours of Work
(i) Day Workers -
The ordinary working hours of day workers shall be:
152 per 4-week work cycle, to be worked in 19 days of
not more than 8 hours per day, Monday to Friday, inclusive (provided that one
day in each 4 week work cycle shall be free from duty) between 7.00 a.m. and
5.00 p.m.,
or such hours and between such times as may be arranged
by mutual agreement between the Company and the employee; provided that the
hours of work, as mutually arranged, shall be continuous except for a meal
break.
(ii) Shift Workers
-
(a) The average
ordinary working hours of shift workers shall not exceed:
8 during any day; or
38 per week; or
76 in 14 consecutive days; or
114 in 21 consecutive days; or
152 in 28 consecutive days.
(b) 20 minutes
shall be allowed each shift for crib which shall be counted as time worked.
(c) The time of
commencing and finishing shifts, once having been determined, may be varied by
agreement between the employer and the accredited representative of the Union
to suit the circumstances of the establishment or, in the absence of the
agreement, by seven days’ written notice of alteration given by the employer to
the employee.
4. Rates of Pay
(i) Rates of pay
for each of the following sections shall subject to the other provisions of
this award be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
A Quarries
B. Materials
Receiving, Raw Milling, Kilns and Cement Mills
C. Laboratory
D. Despatch
E. General
F. Engine
Drivers, Plant Operators etc.
G. Maintenance
(ii) Electrical
Mechanic's Licence - In addition to the rates prescribed in Table 1 - Rates of
Pay of Part B, Monetary Rates, a person employed and working as a tradesperson
and possessing a New South Wales Electrical Licence (Qualified Supervisors
Certificate (Electrician) and Certificate of Registration (Electrician)) issued
under the Home Building Act 1989 shall be paid the allowance as shown in
Items 1 and 2 of Table 2, Other Rates and Allowances, of Par B, Monetary
Rates. This allowance shall be paid for
all purposes of the award.
(iii) Tool
allowance - In addition to the rates of pay set out in Table 1 of Part B, the
Tool Allowances set out in Items 3, 4, 5 and 6 of Table 2, shall apply.
H. Youths - The
rates of pay for youths shall be the following percentages of the minimum rates
payable under this award from time to time effective, calculated to the nearest
ten cents.
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Age
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Percentage of Minimum
Rate Payable under this Award
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Under 17 years of age
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50
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At 17 years of age
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70
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At 18 years of age
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90
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At 19 years of age and over
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Adult rate of pay
according to classification
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I. Leading hands
- A Leading Hand appointed as such by the employer to be in charge of the work
of other employees shall be paid the appropriate amount specified in Items 7, 8
and 9, of Table 2, of Part B, in addition to the rate for the employee’s
particular classification.
J. Disability
Allowance - In addition to the rates prescribed herein a Disability Allowance
per week as set out in Item 10 of Table 2 of Part B, shall apply.
(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
over award payments; and/or
(B) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Extra Rates
(i) An employee required
to work in the rain for a continuous period of more than one hour shall be paid
an additional 50% of the ordinary time rate of pay for time so worked.
(ii) An employee
appointed by the employer to perform first-aid duty shall be paid per day an amount
as set in Item 11 of Table 2 of Part B.
(iii) An additional
amount per hour as set in Item 12 of Table 2 shall be paid:
(a) Cleaning
and/or repair of roofs in excess of six metres from ground level.
(b) Working inside
an Electrostatic Precipitator.
(iv) Employees
required to use explosive powered tools shall be paid an amount extra per hour
as set in Item 13 of Table 2.
(v) A bricklayer
and an employee appointed to assist the bricklayer in the alteration or repair
to kilns or refractory work shall be paid an amount per hour extra as set in
Item 14 of Table 2, whilst so engaged.
This rate shall be regarded as part of the wage rate for all purposes.
(vi) An employee
engaged in either the preparation and/or the application of epoxy based
materials or materials of a like nature shall be paid an amount per hour extra
as set in Item 15 of Table 2.
In addition, employees applying such material in
buildings which are normally air conditioned shall be paid an amount per hour
extra as set in Item 16 of Table 2 for any time worked when the air
conditioning plant is not working.
Where there is an absence of adequate natural
ventilation the employer shall provide ventilation by artificial means and/or
supply an approved type of respirator and in addition protective clothing shall
be supplied in accordance with the Occupational Health and Safety Regulation
2001.
Employees working in close proximity to employees so
engaged shall be paid an amount per hour extra as set in Item 17 of Table 2.
For the purpose of this clause, all materials which
include or require the addition of a catalyst hardener and reactive additives
or two-pack catalyst system shall be deemed to be materials of a like nature.
(vii) Painters
engaged on spray painting, which is carried out in other than a properly
constructed booth, approved by the New South Wales Department of Industrial
Relations, shall be paid an amount per hour extra as set in Item 18 of Table 2.
(viii) Persons
employed upon any chokage or oil chokage (other than domestic) and who are
required to open up any soil pipe, waste pipe or drain pipe conveying offensive
material, or scupper containing sewerage, shall be paid an additional amount
per day or part thereof as set in Item 19 of Table 2.
(ix) An Electrical Tradesperson
(other than one who is classified as an Electronic Tradesperson) when required
to do the work of fault finding, repair and testing of complex and intricate
circuitry at the component level shall be paid an allowance per day as set in
Item 20 of Table 2.
(x) Employees
called upon to carry out Garage Attendant duties shall be paid the rate
specified for Plant person (Crusher & Conveying) in Section A, Quarries,
clause 4, Rates of Pay.
(xi) Employees
engaged on Barring Down a quarry face on a rope will be paid an allowance per
day as set in Item 21 of Table 2, whilst so engaged.
6. Mixed Functions
An employee engaged for two hours or more on any day or
shift on duties carrying a higher rate than the ordinary classification, shall
be paid the higher rate for such day or shift. If for less than two hours per
day or shift, the employee shall be paid the higher rate for the time so
worked.
7. Shift Work
(i) Shift workers
whilst on afternoon or night shift, shall be paid an allowance calculated on
the basis of 15% of the ordinary rate of pay per shift.
(ii) A shift
worker who is rostered to work on a shift other than the shift on which the
employee would ordinarily be rostered to work shall be paid at overtime rates
for any such shift in respect of which the employee has not been given at least
48 hours’ notice.
(iii) Day workers
required to transfer to afternoon or night shift or afternoon and night shift
workers required to transfer to day work for a period of not less than eight
hours on less than five consecutive days or shifts, shall be paid at the rate
of time and one-half except on Saturdays, Sundays and public holidays when the
appropriate penalty rates shall apply.
(iv) Day workers
may be employed as and become shift workers for a period of not less than five
shifts and shall be paid accordingly; provided that an employee shall be paid
at overtime rates for any shift upon which the employee is employed as a shift
worker under this clause in respect of which the employee has not been given at
least 48 hours’ notice.
8. Overtime
(i) Other than
continuous Shift Workers - For all time worked in excess of, or outside
ordinary working hours and times prescribed by this award, shall be paid at the
rate of time and a half for the first two hours and double time thereafter,
except for employees required to work twelve hour continuous shifts (i.e. eight
hours shift plus four hours overtime) for five or more consecutive shifts for
the specific purpose of major repair or maintenance to plant and equipment who
shall during such a period of work be paid at the rate of double time for
overtime.
(ii) Subject to
existing provisions a day worker called upon to work during the recognised meal
time shall be paid at the rate of time and a half for such work and thereafter
until a meal break is allowed.
(iii) Continuous
Shift Workers:
(1) All time
worked in excess of the ordinary working hours prescribed by this award shall
be paid at the rate of double time except for the twentieth shift which will be
paid at double time at the 38 hour rate i.e. the ordinary weekly wage divided
by 38.
(2) This subclause
shall not apply when the time is worked:
(a) by arrangement
between the employees themselves: or
(b) For the purpose
of effecting the customary rotation of shifts.
(iv) General:
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least 10 consecutive hours off duty between the work of
successive days. An employee who works
so much overtime between the termination of the ordinary work on one day and
the commencement of the ordinary work on the next day that the employee 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 the
employee has had 10 consecutive hours off duty without loss of pay for ordinary
working time occurring during the employee’s absence.
If on the instructions of the Company such employee
resumes on continuous work without having had such 10 consecutive hours off
duty the employee shall be paid at double rate until the employee is released
from duty for such period and the employee then shall be entitled to be absent
until the employee has had 10 consecutive hours off duty without loss of pay
for ordinary working time occurring during such absence. The provisions of this subclause shall apply
in the case of shift workers as if eight hours were substituted for ten when
overtime is worked.
(b)
(i) An employee
shall be paid a "call-out" where the employee is recalled to work
after having left the employer’s premises and shall be paid a minimum of four
hours at overtime rates for such work; provided that this provision shall not
apply where the employee is notified that such overtime is to be continuous
(subject to a reasonable meal break) with the completion or commencement of the
ordinary working time. Except in the case of unforeseen circumstances arising,
the employee shall not be required to work the full four hours if the job the
employee was recalled to perform is completed within a shorter period.
(ii) Wherever
practicable an employee required to work overtime as an extension of the
commencement of an ordinary day or shift, shall be advised thereof prior to
leaving work.
(iii) Where the
actual time worked is less than three hours, overtime worked in the
circumstances specified in paragraph (a) of this subclause it shall not be
regarded as overtime for the purpose of the rest period provision prescribed in
paragraph (a) of this subclause.
(c) Shift
allowance and extra rates shall not be subject to any premium or penalty
additions.
9. Labour Flexibility
(i) The employer
may direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training, consistent with the classification
structure of this award, provided that such duties are not designed to promote
deskilling.
(ii) The employer
may direct an employee to carry out such duties and use such tools and equipment
as may be required, provided that the employee has been properly trained in the
use of such tools and equipment.
(iii) Any direction
issued by the employer pursuant to subclauses (i) and (ii) shall be consistent
with the employer’s responsibility to provide a safe and healthy working
environment.
(iv) Where an
employee may have genuine reason not to be retrained, the Training and Job
Design Committee at each location will develop a mechanism to ensure that
employee is not disadvantaged.
Where a Training and Job Design Committee does not
exist, the employer may, as an alternative, contact the relevant union official
to ensure the employee is not disadvantaged.
(v) Each site is
to develop agreed transitional arrangements to ensure the orderly implementation
of the new award level structure.
10. Enterprise
Arrangements
Enterprise Arrangements:
(1)
(a) As part of the
Structural Efficiency exercise and as an ongoing process for improvements in
productivity and efficiency, discussion should take place at an enterprise to
provide more flexible working arrangements, improvement in the quality of
working life, enhancement of skills, training and job satisfaction, and
positive assistance in the restructuring process and to encourage consultation
mechanisms across the workplace to all employees in an enterprise and
consideration of a single bargaining unit in all multi-union/union award
workplaces. Union delegates at the place of work may be involved in such
discussions.
(b) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary, provided that:
(i) a majority of
employees affected genuinely agree;
(ii) such
arrangement is consistent with the current State Wage Case principles.
(c)
(i) Before any
arrangement requiring variation to the award is signed and processed in
accordance with subclause (2), details of such arrangements shall be forwarded
in writing to the union or unions with members in that enterprise affected by
the changes and the employer association, if any, of which the employer is a
member. A union or an employer
association may, within 14 days thereof, notify the employer in writing of any
objection to the proposed arrangements, including the reasons for such
objection.
(ii) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
Procedures to be followed -
(2) Such enterprise
arrangements shall be processed as follows:
(a) All employees
will be provided with the current prescriptions (e.g., award, industrial
agreement or enterprise arrangement) that apply at the place of work.
(b)
(i) Where an
arrangement is agreed between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing. Where the arrangement is agreed between the employer and an
absolute majority of permanent employees under this award at an enterprise,
such arrangement shall be committed to writing.
(ii) The
authorised representative of the employees at an enterprise may include a
delegate, organiser or official of the relevant union if requested to be
involved by the majority of employees at the establishment.
(c) The
arrangement shall be signed by the employer, or the employer’s duly authorised
representative, and the employees, or their authorised representative with whom
agreement was reached.
(d) Where an
arrangement is objected to in accordance with subclause (1)(c) (i) and the
objection is not resolved, an employer may make application to the Industrial
Commission to vary the award to give effect to the arrangement.
(e) The union
and/or employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(f) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Commission to have the arrangement approved and the award varied in
the manner specified in paragraph (g).
Such applications are to be processed in accordance with the appropriate
State Wage Case principles.
(g) Where an
arrangement is approved by the Industrial Commission and the arrangement is
contrary to any provisions of the award, then the name of the enterprise to
which the arrangement applies, the date of operation of the arrangement, the
award provisions from which the said enterprise is exempt, and the alternative
provisions which are to apply in lieu of such award provisions (or reference to
such alternative provisions), shall be set out in a schedule to the award.
(h) Such
arrangement when approved shall be displayed on a notice board at each
enterprise affected.
(i) No existing
employee shall suffer a reduction in entitlement to earnings, award or
overaward, for working ordinary hours of work as the result of any award
changes made as part of the implementation of the arrangement.
11. Contract of
Employment
(i) Subject as provided
elsewhere in this award, employment shall be on a weekly basis.
(ii) Employment of
employees on probation for the first two weeks of service shall be from day to
day at the weekly rate fixed; determinable at a day’s notice.
(iii) Employees
shall perform such work as the Company shall, from time to time, reasonably
require and an employee not attending for or not performing the duty shall,
except as provided by clause 18, Sick Leave,
lose pay for the actual time of such non-attendance or non-performance.
(iv) Subject as
aforesaid 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 of a week’s
wages, as the case may be.
(v) This clause
shall not affect the right of the Company to deduct payment for any day or
portion thereof during which the employee is stood down by the Company as the
result of refusal of duty, malingering, inefficiency, neglect of duty or
misconduct on the part of the employee or to deduct payment for any day during
which the employee cannot be employed usefully because of any strike or through
any breakdown of machinery or due to any cause for which the Company cannot
reasonably be held responsible.
(vi) This clause
shall not affect the right of the Company to dismiss an employee without notice
for of refusal of duty, malingering, inefficiency, neglect of duty or
misconduct and in such cases wages shall be payable up to the time of dismissal
only.
(vii) Upon resigning
from employment, an employee shall be paid or shall be forwarded, by post, all
wages due to the said employee not later than the first office working day next
following the day on which the resignation takes effect.
(viii) Notwithstanding
the provisions of subclauses (i), (ii) and (iv) of this clause, where, on
account of the introduction or proposed introduction by the Company of
mechanisation or technological changes in the industry in which the employee is
engaged, the Company terminated the employment of an employee who has been employed
by it for the preceding twelve months, the Company shall give the employee
three months’ notice of the termination of employment; provided that, if it
fails to give notice in full:
(a) The Company
shall pay the employee at the rate specified for the employee’s ordinary
classification in clause 4, Rates of Pay, for the period equal to the
difference between three months and the period of the notice given; and
(b) The period of
notice required by the subclause to be given shall be deemed to be service
within the company for the purpose of the Long Service Leave Act 1955,
the Long Service Leave (Metalliferous Mining Industry) Act 1963, the Annual
Holidays Act 1944, or any Act amending or replacing any of these Acts; and
provides further that the rights of the Company to stand down an employee in
accordance with subclause (v), of this clause or summarily to dismiss an
employee for the reasons specified in subclause (vi), of this clause, shall not
be prejudiced by the fact that the employee has been given notice pursuant to
this subclause of the termination of employment.
12. Requirements to
Work in Accordance With the Needs of the Industry
(i) For the
purpose of meeting the needs of the industry an employee may be required to
work reasonable overtime including work on Sundays and holidays at the rate
prescribed by this award and, unless reasonable excuse exists, the employee
shall work in accordance with such requirements.
(ii) For the
purpose of meeting the needs of the industry an employee may be required to
transfer from one system of work to another system of work prescribed by this
award at the rate applicable thereto and unless reasonable cause exists an
employee shall transfer in accordance with such requirement.
13. Holidays
(i)
(a) The days on
which New Years Day, Australia Day, Good Friday, Easter Monday, Easter
Saturday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day,
are observed, and any special days appointed by proclamation as public holidays
for the State shall be holidays.
(b) In addition to
the above holidays, an additional day shall be granted each year. The parties
recognise that the first Monday in December each year, being the picnic day of
the Australian Workers' Union, New South Wales shall granted as the additional
holiday. The day on which this picnic day is observed may be varied by
agreement between an individual Employer and the Union.
(ii) An employee
not required to work on a holiday shall be paid at the ordinary rate of pay for
such holiday. This provision for payment does not apply to:
(a) a shift worker
who is rostered on for duty on a holiday and fails to report;
(b) employees
absent without leave or reasonable excuse on the working day preceding, or, the
working day succeeding a holiday.
(iii) Provided
that, in the case of other than continuous shift workers, where a Rostered Day
Off falls on a public holiday, the Rostered Day Off shall be taken on the
ordinary working day immediately preceding or succeeding such public holiday as
the case may be.
(iv) Where an
employee is absent from employment on the working day before or the working day
after either a public holiday or a Rostered Day Off that immediately precedes
or succeeds a public holiday without reasonable excuse or without the consent
of the employer the employee shall not be entitled to payment for such holiday.
14. Saturday, Sunday
and Holiday Rates
(i) Time worked
on rostered shifts by shift workers on Saturdays shall be paid for at the rate
of time and one-half.
(ii) Time worked
on Sundays shall be paid for at double the ordinary rate of pay.
(iii) Time worked
on holidays shall be paid for at double and a half the ordinary rate of pay.
(iv) An employee
required to work overtime on a Saturday, Sunday or Public Holiday shall be
afforded a minimum of four hours work or paid for four hours at the appropriate
rate.
15. Annual Leave
(i) For other
than continuous process shift workers - see Annual Holidays Act 1944.
(ii)
(a) Continuous process
shift workers as defined in subclause (iii) of clause 2, Definitions with a
period of 12 months continuous service on 31 December, each year, less the
period of annual leave shall be allowed a further period of seven consecutive
days leave, inclusive of non-working days, with thirty-eight hours’ pay at
ordinary rates in addition to the period of leave to which they are entitled
under the Annual Holidays Act 1944.
(b) An employee, who,
during the twelve months prior to annual leave falling due, has been engaged
for part of that period as a continuous process shift worker, shall be entitled
to a due proportion of the additional seven days’ leave prescribed in paragraph
(a) of this subclause for which the employee shall be paid at ordinary rates
for three and one-sixth hours for each month of service as a continuous process
shift worker.
(c) Any continuous
process shift worker whose employment is terminated through no fault of the employee’s
own or who leaves employment in circumstances which do not amount to misconduct
shall be paid three and one-sixth hours at ordinary rates for each month of
service as a continuous process shift worker during the current twelve-monthly
period in addition to the amount due under the Annual Holidays Act 1944.
(d) For the
purpose of paragraphs (b) and (c) of this subclause the number of months of
service shall be calculated by dividing the total of ordinary shifts worked
during the qualifying period by nineteen. Any remainder of nine and one-half or
over shall count as a month and if less than nine and one- half shall be
disregarded.
(e) The annual
leave provided for by this clause shall be allowed and shall be taken and,
except as provided by paragraph (c) of this subclause, payment shall not be
made or accepted in lieu of annual leave.
(f) When any
special or public holiday, for which a continuous process shift worker is
entitled to payment under this award occurs during the period of additional
annual leave provided for by this clause the said period of leave shall be
increased by one day, in respect of that special or public holiday.
(iii) In addition
to the provisions of subclauses (i) and (ii) of this clause, employees, other
than seven day shift workers, proceeding on annual leave shall receive an
Annual Leave Loading of 20 per cent of the rate of pay prescribed in clause 4,
Rates of Pay.
(iv) For the
purposes of annual leave a seven day shift worker shall be paid at the average
rate for the employee’s normal shift cycle which shall include shift allowance,
weekend penalties and the twentieth shift payment.
(v) On
termination, Annual Leave Loading will be paid to an employee with 12 months or
more continuous service.
16. Long Service
Leave
See Long Service Leave Act 1955, and the Long
Service Leave (Metalliferous Mining Industry) Act 1963.
17. Jury Service
An employee required to attend for jury service:
(i) During the
employee’s ordinary working hours, or
(ii) Immediately following
an ordinary night shift or immediately preceding an ordinary afternoon shift on
which the employee is rostered to work and, as result of attending for jury
service, is not reasonably able to report for work on that shift or afternoon
shift as the case may be;
shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of the employee’s attendance
for such jury service and the amount of wage the employee would have received
in respect of the ordinary time the employee would have worked had the employee
not been on jury service.
An employee shall notify the employer as soon as
possible of the date upon which the employee is required to attend for jury
service. Further the employee shall give the employer proof of this attendance,
the duration of such attendance and the amount received in respect of such jury
service.
18. Sick Leave
(i) An employee
who is unable to attend for duty during the ordinary working hours by reason of
personal illness or personal incapacity not due to the employee’s own serious
and wilful misconduct shall be entitled to be paid at ordinary time rates of
pay for the time of such non- attendance subject to the following:
(a) The employee
shall not be entitled to be paid leave of absence for any period in respect of
which the employee is entitled to workers’ compensation.
(b) The employee
shall as soon as reasonably practicable and within eight hours of commencement
of such absence inform the employer of the employee’s inability to attend for
duty and as far as practicable, state the nature of the injury or illness and
the estimated duration of such absence. If it is not reasonably practicable to
inform the employer within eight hours of such absence the employee shall
inform the employer within 24 hours of such absence.
(c) The employee
shall prove to the satisfaction of the Company, or in the event of a dispute,
the Industrial Commission that the employee is or was unable, on account of
such illness or incapacity, to attend for duty on the day or days for which
payment under this clause is claimed.
(d) The employee
shall be entitled to sick leave not exceeding 38 ordinary working hours in the
first year of employment and 76 ordinary working hours in each subsequent year
of employment.
(e) Any period of
paid sick leave allowed by the Company to an employee shall be deducted from
the period of sick leave which may be allowed or may be carried forward under
this award or in respect of the earliest year of employment for which the employee
has an accumulated or accrued right.
(ii)
(a) Notwithstanding
anything contained in this clause, if the full period of sick leave as
prescribed is not taken in any year, such portion as is not taken shall be cumulative
for a period of four years, from the end of the year in which it accrues.
(iii) In the case
of any employee who otherwise is entitled to payment under this clause but who,
at the time of the absence concerned, has not given three months continuous
service in the employee’s current employment with the company, the right to
receive payment shall not arise until the employee has given such service.
(iv) For the
purpose of this clause continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the company;
(b) any absence
from work by reason of personal illness, injury or other reasonable cause proof
whereof shall, in each case, be upon the employee; provided that any time so
lost shall not be taken into account in computing the qualifying period of
three months.
(v) Service before
the day of coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
19. 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 18, 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 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 factor
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de factor 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 paragraph:
(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 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 above, 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.
20. 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 prescribed
in subclause (iii) of this clause.
(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 (c) of subclause (1) of clause 19, Personal
Carer’s Leave, provided that for the purposes of bereavement leave, the
employee need not have been responsible for the care 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 the other leave available under
subclauses (2), (3),(4),(5) and (6) of the said clause 19. In determining such a request the employer
will give special consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
21. Accident Pay
(i) An employee
shall be entitled to payment of accident pay where the employee receives an injury
for which compensation is payable to the employee pursuant to the provisions of
Workers Compensation Act 1987 and/or any relevant successor legislation.
(ii) Accident Pay
means the payment of an amount being the difference between the weekly amount
of compensation paid to the employee pursuant to the Workers Compensation
Act 1987 and/or any relevant successor legislation and the employee’s
ordinary rate of pay for thirty-eight hours or where then capacity is for a
lesser period than one week, the difference between the amount of compensation
and the ordinary rate for that period.
(iii) Accident Pay
shall not apply to any incapacity occurring during the first two weeks of
employment unless such incapacity is continuing at the expiration of the first two
weeks of employment in which case accident pay shall only be payable in respect
of that part of such period of incapacity which extends beyond the first two
weeks of employment.
(iv) The employer
shall pay, or cause to be paid accident pay as defined in subclauses (ii) and
(iii) above, during the incapacity of the employee arising from any one injury
for a total of fifty- two weeks whether the incapacity is in one continuous
period or not.
(v) The
termination of the employee’s employment shall in no way affect the liability
of accident pay as provided in this clause.
(vi) In the event
of an employee receiving a lump sum in redemption of weekly payments under the
said Act, the liability of the employer for accident pay (for which weekly
payments have been recovered) shall cease from the date of such redemption.
(vii) Where the
employee recovers damages from a third party in respect of the said incapacity
independently of the said Act, the employee shall be liable to repay to the
employer the amount of accident pay which the employee has received under this
clause and the liability of the employer for accident pay shall cease.
22. Union Delegates
The company shall allow an employee, appointed by the employees
and accredited in writing by the Union, the necessary time during working
hours, to interview its representatives on matters affecting the employees whom
the said employee represents.
23. Meal Money
(i) An employee
required to work overtime for more than 2 hours after the ordinary ceasing
time, without having been notified before leaving work on the previous day or
shift that the employee would be required to work overtime, shall be provided,
free of cost, with a suitable meal or shall be paid the sum as set in Item 22
of Table 2 of Part B, and if work extends into a second or subsequent break
shall be provided with another meal, or shall be paid the sum as set in Item 23
of Table 2.
(ii) If an
employee, pursuant to notice, has provided a meal or meals and is not required
to work overtime or is required to work less than the amount advised the
employee shall be paid as prescribed by subclause (i) of this clause for meals
which the employee has provided, but which are surplus.
24. 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 on the grounds 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. 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 this 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".
25. Dispute Settling
Procedure
The procedure for the resolution of industrial disputation
will be in accordance with the Industrial Relations Act 1996. These procedural steps are:
(i) Procedure relating
to a grievance of an individual employee:
(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 remedy sought.
(b) A grievance
must initially be dealt with as close to the 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 purposes
of each procedure
26. Redundancy
The parties recognise that should any dispute arise from the
implementation of this clause the Dispute Settling Procedure as set out in
clause 25, will be followed.
(A) Application -
(i) This clause
shall apply to all persons engaged on a full-time or part-time basis employed
under the terms of this award.
(ii) In respect to
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 alternative 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
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for alteration
of any of the matter 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 in writing 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 done by anyone pursuant to subclause (B) -
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.
(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 is 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 -
(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 subparagraph (a) of paragraph (i) of subclause (B).
(b) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(c) In addition to
the notice above, employees over 45 years of age at the time of the giving of
notice, with not less than two years continuous service, shall be entitled to
an additional week’s notice.
(d) Payment in lieu
of 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 of
Technological Change - This paragraph sets out the notice provision to be
applied to terminations 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 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 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
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 employees, the employer
shall notify Centrelink thereof as soon as possible, giving relevant information,
including the number and categories of employees likely to be affected and the
period over which the terminations are intended to be carried out.
Additionally, at the request of the employee financial
counselling from a mutually agreed and recognised financial adviser shall be
provided at the Company’s expense.
(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 notice still owing.
(ix) Medical - At
the request of the employee, the company shall provide a Medical plus a chest
x-ray.
If available a copy of the pre-employment medical shall
be supplied.
(E) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to subclause (D) 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.
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
One off severance payment
|
4 weeks
|
Service Payment
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2
years
|
4 weeks
|
|
2 years and less than 3
years
|
7 weeks
|
|
3 years and less than 4
years
|
10 weeks
|
|
4 years and less than 5
years
|
12 weeks
|
|
5 years and less than 6
years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) ‘Week’s pay
means the all-purpose rate of pay 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 this award.
(d) Supplementary
Provision:
Service Payment: An additional service payment of 1
weeks pay per year of service to be calculated on a monthly pro rata basis for
incomplete years of service up to a maximum of 26 weeks pay.
(e) Sick Leave -
All such redundant employees shall be paid the full value of all of their
accrued sick leave.
(f) Itemised
Account - Redundant employees shall be given an itemised statement of all termination
payments.
(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 Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in 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 of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in the said
paragraph (i) if the employer obtains acceptable alternative employment for an
employee.
(F) Savings Clause
- Nothing in this clause shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy agreement, taken as a whole, between
the union and any employer bound by this award.
27. Superannuation
(a) The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to
time, governs the superannuation rights and obligations of the parties.
(b) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS)
Australian Superannuation Savings Employment Trust
(ASSET)
or any other approved fund, and shall participate in
accordance with the Trust Deed of that fund.
(c) The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings:
NOTATION: Employer contributions under relevant
legislation are set at 9% from 1st July 2002
(d) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
within 14 days.
(e) An employee
may make contributions to the fund in addition to those made by the employer.
(f) An employee who
wishes to make additional contributions must authorise the employer in writing
to pay into the fund from the employee’s wages a specified amount in accordance
with the Trust Deed and the rules of the fund.
(g) An employee
may vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of the receipt
of the authorisation.
(h) All
contributions shall be made at the completion of each calendar month.
(i) Ordinary time
earnings shall be defined as including:
(i) Award
classification rate.
(ii) Overaward
payment.
(iii) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty not when worked as
overtime
(iv) Casual loading
in respect to casual employees including 1/12 Annual Holiday Loading.
Ordinary time earnings does not include bonuses,
commission, payment for overtime or other extraordinary payment, remuneration
or allowance.
28. Training Wage
Refer to the Training Wage (State) Award, as varied, or any
successor industrial instrument.
29. Leave Reserved
Leave is reserved in respect of clause 3, Hours of Work and
subclause (viii) clause 5, Extra Rates, in respect of single pack epoxy resin
type materials and the provision of paid meetings of delegates.
29a. Deduction of
Union Membership Fees
(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 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 an
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) This clause
shall take effect:
(a) In the case of
employers which 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 12 March 2003;
(b) In the case of
employers who do not fall within subparagraph (a) above, but who currently make
deductions, other than union membership fees 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 12 June 2003;
(c) For all other
employers, from the beginning of the first pay period to commence on or after
12 September 2003.
30. Area, Incidence
and Duration
This award replaces the Cement Industry (State) Award
published 16 March 2001 (323 I.G. 1).
It shall apply to all employees of the classifications set out in this
award employed at the works of Australian Cement Holdings Ltd, within the
jurisdiction of the Cement Workers (State) Industrial Committee.
The changes made to this 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 16 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 - Rates of
Pay
|
A. - Quarries
|
Rate per week
|
|
|
(Inc. SWC 2003)
|
|
|
$
|
|
Drill Operator
|
478.10
|
|
Shot Firer
|
478.10
|
|
Crushing and Conveyor Plant Attendant-
|
485.40
|
|
Labourer - Building Trades; Greaser; Fettler
|
468.70
|
|
Plantperson (crushing and conveying)
|
473.70
|
|
Operator of rear, bottom or side dumps with carrying
capacity of:
|
|
|
up to 20 tonnes
|
502.90
|
|
over 20 and up to 40 tonnes
|
513.80
|
|
over 40 and up to 70 tonnes
|
523.70
|
|
over 70 tonnes
|
|
|
B. - Materials Receiving, Raw Milling, Kilns and Cement
Mills
|
|
Burner
|
504.90
|
|
Cement Miller
|
483.00
|
|
Plant Attendant
|
475.90
|
|
C. - Laboratory
|
|
Mechanical Tester
|
488.30
|
|
Process Tester
|
491.00
|
|
General Tester
|
469.90
|
|
D. - Despatch
|
|
Bulk Despatch Section Attendant
|
485.10
|
|
Bulk Loader Stock House Attendant
|
478.00
|
|
E. - General
|
|
Labourer - Building trades; Fettler; Jackhammer operator
|
468.70
|
|
Vacuum Plant Operator
|
473.50
|
|
Operator - Mechanical Road Sweeper; Dump Car Operator
|
471.50
|
|
Mechanical Sweeper Operator
|
466.70
|
|
Storeperson
|
478.00
|
|
Greaser - Planned Maintenance (Portland)
|
469.90
|
|
Brush Hand; Gardener
|
472.70
|
|
Amenities Block Attendant
|
469.70
|
|
Cleaner; Greaser; General Labourer
|
466.50
|
|
Tractor Driver - 26 KW
|
474.90
|
|
Forklift Operator
|
485.10
|
|
Driver of a vehicle with a carrying capacity of:
|
|
up to 2 tonnes
|
473.50
|
|
over 2 tonnes and up to 3 tonnes
|
477.40
|
|
for each additional tonne up to 8 tonnes
|
0.780
|
|
for each additional tonne over 8 and up to 10 tonnes
|
0.627
|
|
for each additional tonne over 10 and up to 12 tonnes
|
0.469
|
|
NOTE: Motor lorry driver whilst engaged in driving work
outside the works (not including ash dumping)
|
|
shall be paid at the minimum rates prescribed by the
Transport Industry (State) Award, in force from time
|
|
to time.
|
|
F. - Engine Drivers, Plant Operators, etc.
|
|
Rubber Tyre Tractor - Power Operated Attachment to 37 KW
|
479.60
|
|
Front End Loader Driver -
|
484.90
|
|
Relief Operator
|
484.50
|
|
G. - Maintenance
|
|
Boilermaker, Fitter, Machinist 1st Class, Motor Mechanic,
Turner
|
532.10
|
|
Mechanical Tradesperson - Special Class
|
568.20
|
|
Welder -
|
|
|
Special Class
|
537.60
|
|
1st Class
|
532.10
|
|
Electrical Fitter
|
580.80
|
|
Electrical Mechanic
|
580.80
|
|
Electronic Instrument Fitter
|
600.10
|
|
Electronic Tradesperson
|
647.60
|
|
Electrician’s Assistant
|
504.70
|
|
Rigger and/or Splicer
|
507.20
|
|
Dogperson and/or Crane Chaser
|
485.10
|
|
Dogperson and/or Crane Chaser - Mobile Equipment
|
498.40
|
|
Beltperson/Greaser
|
488.80
|
|
Belt Repairer
|
503.30
|
|
Tradesperson’s Assistant
|
479.60
|
|
Mobile Crane Driver - 5 to 10 tonnes
|
502.20
|
|
Bricklayer
|
534.20
|
|
Carpenter
|
534.20
|
|
Painter
|
534.20
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
SWC 2002
|
SWC 2003
|
|
No.
|
No.
|
|
Amount
|
Amount
|
|
|
|
|
$
|
$
|
|
1
|
4(ii)
|
Electrical Tradesperson
|
26.90/week
|
27.80/wk
|
|
2
|
4(ii)
|
Possessing the NSW Electrical Mechanic’s
|
|
|
|
|
|
Licence
|
14.50/week
|
15.00/wk
|
|
|
4(iii)
|
Tool Allowance
|
Per week
|
|
|
3
|
|
Bricklayer
|
11.00
|
11.40
|
|
4
|
|
Carpenter or Plumber
|
15.50
|
16.00
|
|
5
|
|
Painter or Signwriter
|
15.50
|
16.00
|
|
6
|
|
Electrical or Metal Tradesman
|
11.50
|
11.90
|
|
|
4(iii)I
|
Leading Hands
|
Per week
|
|
|
7
|
|
In charge of 1-5 employees
|
19.90
|
20.50
|
|
8
|
|
In charge of 6-15 employees
|
28.70
|
29.60
|
|
9
|
|
In charge of 16 or more employees
|
37.50
|
38.70
|
|
10
|
4(iii)J
|
Disability Allowance
|
36.40 /week
|
37.60/wk
|
|
11
|
5(ii)
|
First-aid allowance
|
2.00 /day
|
2.05/day
|
|
12
|
5(iii)
|
Cleaning/repair of roofs & working in
|
0.68 /hour
|
.70/hour
|
|
|
|
precipitator
|
|
|
|
13
|
5(iv)
|
Use of explosive powered tools
|
0.88 /hour
|
0.91/hour
|
|
14
|
5(v)
|
Assist in alteration/repair to kilns/refractory
|
1.40 /hour
|
1.44/hour
|
|
|
|
work
|
|
|
|
15
|
5(vi)
|
Preparation/application to epoxy based
|
0.51 /hr
|
0.53/hour
|
|
|
|
materials
|
|
|
|
16
|
5(vi)
|
In building when air conditioning plant is not
|
Additional
|
|
|
|
|
working
|
0.33 /hour
|
0.34/hour
|
|
17
|
5(vi)
|
In close proximity to employees so engaged
|
0.39 /hour
|
0.40/hour
|
|
18
|
5(vii)
|
Spray painting in other than a properly
|
0.39 /hour
|
0.40/hour
|
|
|
|
constructed booth
|
|
|
|
19
|
5(viii)
|
Employed upon any chokage (oil); required to
|
4.50
|
4.65
|
|
|
|
open up soil/waste/drain pipe or scupper
|
day or part
|
day or part
|
|
|
|
conveying offensive material
|
thereof
|
thereof
|
|
20
|
5(ix)
|
Electrical Tradesperson- fault finding, repair,
|
4.10 /day
|
4.20/day
|
|
|
|
testing at component level
|
|
|
|
21
|
5(xi)
|
Barring down quarry face on rope
|
2.90 /day
|
3.00/day
|
|
22
|
23(i)
|
Meal Money (not notified)
|
|
|
|
|
|
Work overtime for more than two hours
|
9.35
|
9.65
|
|
23
|
23(i)
|
Work extends into second or subsequent break
|
9.35
|
9.65
|
Note: These allowances are contemporary for expense-related
allowances as at 30 March 2003 and for work-related allowances are inclusive of
adjustments 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.