BRICK AND PAVER INDUSTRY (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5701 of 2003)
3 June 2004
paragraph (d) and (e) of subclause 4.3.1 of clause 4.3 Redundancy, of the award
published 1 September 2000 (318 I.G. 236) and insert in lieu thereof the
(d) If a decision
is made not to re-open the Plant during the three (3) months shut down period,
then the payments would be made as per 4.3.4.
(e) An employee
who has been stood down due to temporary or permanent reduction in output whilst
the plant continues to operate and who is terminated during the stand down
period shall be paid redundancy payments in accordance with 4.3.4.
subclause 4.4.2 and 4.4.3 of clause 4.4 Termination of Employment, and insert
in lieu thereof the following::
4.4.2 Misconduct - An
employer may dismiss any employee without notice for serious misconduct and in
such cases wages shall be paid up to the time of dismissal only.
caused by mechanization and/or technological changes - Where, on account of the
introduction, or proposed introduction, by an employer of mechanization or
technological changes in the enterprise, the employer terminates the employment
of an employee who has been employed by
the employer for the preceding twelve months, the employee will be given three
months' notice of termination, provided that, if the employer fails to give
such notice in full:
subparagraph (i) of clause 4.4 and insert in lieu thereof the following:
(i) In order to
terminate the employment of an employee the employer must give to the employee
a minimum of one weeks notice.
subclause 4.6.3 in clause 4.6 Burners, and insert in lieu thereof the
4.6.3 Oil Fired
Kilns: The rate prescribed in 5.2.2 for Burners (intermittent fired kilns not
equipped with mechanical stokers) has been assessed on the basis of two oil
fired kilns. However, a Burner may be required by the employer to attend to up
to four oil fired kilns, provided that an additional payment as set out in Part
B, Monetary Payments, Table 2, Item 9, is made in respect of attending three
kilns and a further payment also in Item 9 for attending to four kilns.
subclause 5.4.5 in clause 5.4 Payment of Wages, and insert in lieu thereof the
5.4.5 Should an
employee be terminated or stood down on any day during the week in accordance
with 4.1.4 the employee will be paid:
paragraph (c) of subclause 5.5.3 of clause 5.5 Allowances, and insert in lieu
thereof the following:
(c) the Horsley
Park, Schofields and Cecil Park (Zacuba) works of PGH Clay Bricks and Pavers
are entitled to an allowance as set out in Part B, Monetary Payments, Table 2,
Item 11. Provided that no such payment
shall be paid to an employee who lives within a radius of one kilometre of the
subclause 8.1.2 in clause 8.1 Amenities and Hygiene, and insert in lieu thereof
8.1.2 Standard of
amenities - The standard of all facilities provided in 10.1.1 will conform with
the provisions of the relevant
Occupational Health and Safety legislation and regulations, as amended,
or the Mines Inspection Act, as amended, whichever Act is applicable.
8. Delete clause
8.3 First-Aid Outfits, and insert in lieu thereof the following:
First-aid outfits will be supplied and equipped in
accordance with the provisions of the relevant
Occupational Health and Safety legislation and regulations as amended.
9. 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 28 April 1999
(310 I.G. 359) take effect on and from 3 June 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
I. W. CAMBRIDGE,
the authority of the Industrial Registrar.