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New South Wales Industrial Relations Commission
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BRICK AND PAVER INDUSTRY (STATE) AWARD
  
Date07/16/2004
Volume345
Part4
Page No.
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2791
CategoryAward
Award Code 057  
Date Posted07/15/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(057)

SERIAL C2791

 

BRICK AND PAVER INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5701 of 2003)

 

Before Commissioner Cambridge

3 June 2004

 

REVIEWED AWARD

 

1.          Delete 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 following:

 

(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.

 

2.          Delete 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.

 

4.4.3     Termination 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:

 

3.          Delete 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.

 

4.          Delete subclause 4.6.3 in clause 4.6 Burners, and insert in lieu thereof the following:

 

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.

 

5.          Delete subclause 5.4.5 in clause 5.4 Payment of Wages, and insert in lieu thereof the following:

 

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:

 

6.          Delete 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 works.

 

7.          Delete subclause 8.1.2 in clause 8.1 Amenities and Hygiene, and insert in lieu thereof the following:

 

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:

 

8.3       FIRST-AID OUTFITS

 

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, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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