METAL, ENGINEERING AND ASSOCIATED INDUSTRIES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1754 of 2004)
Before Mr Deputy
President Grayson
|
25 June 2004
|
REVIEWED AWARD
1. Delete the
words "Metal, Engineering and Associated Industries, 1998 Part
IV-Professional Scientists" from paragraph 1.4.5 (e) of clause 1.4,
Definitions of the award published 8 June 2001 (325 I.G. 209) and insert in
lieu thereof the following:
"Metal, Engineering and Associated Industries
(Professional Engineers and Scientists) Award 1998".
2. Insert at the
end of clause 1.5, Area, Incidence and Duration the following new paragraphs:
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 25 June 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
3. Delete the
words "Part 3 of the Industrial Relations (General) Regulation 1996"
from paragraph 2.2.2 (b) of clause 2.2, Facilitative Provisions and insert in
lieu thereof the following:
"Part 4 of the Industrial Relations (General)
Regulation 2001".
4. Delete the
words "Occupational Health and Safety Act 1983" from subclause
3.2.3 of clause 3.2, Dispute Resolution Procedure and insert in lieu thereof
the following:
"Occupational Health and Safety Act 2000
and Occupational Health and Safety Regulation 2001"
5. Delete paragraph
4.2.6 (b) of clause 4.2 Employment Categories and insert in lieu thereof the
following:
4.2.6
(b) Apprenticeship
Authority shall mean the Commissioner of Vocational Training appointed under
the Apprenticeship and Traineeship Act
2001, the Vocational Training Tribunal constituted under the Act or the
Industrial Relation Commission established by the Industrial Relations Act 1996.
6. Delete the
words "subclause (i) of clause 4" from subparagraph 4.4.4.7 of clause
4.4, Redundancy and insert in lieu thereof the following:
"clause 4.4.2"
7. Delete clause
4.8, Pay Slips and Employer Records and insert in lieu thereof the following:
4.8.1 Pay Slips -
Section 123 of the Industrial Relations
Act 1996 (NSW) (‘the Act’) requires that when an employer pays remuneration
to an employee, the employer must supply the employee with written particulars
regarding the payment. The section
enables an employer, with the approval of the Industrial Registrar, to make
different arrangements for the supply of information about remuneration.
Note: The
written particulars required by the Act, as set out in clause 7 of the
Industrial Relations (General) Regulation 2001, are subject to change from time
to time and are repeated here for convenience only.
Clause 7 - Particulars of remuneration to be supplied
to employees.
(1) For the
purposes of section 123 of the Act, the following written particulars are to be
supplied by the employer to an employee when remuneration is paid to the
employee:
(a) the name and Australian
Business Number of the employer,
(b) the name of the
employee,
(c) if the
remuneration of the employee is set by an industrial instrument the
classification of the employee under that instrument,
(d) the date on
which the payment was made,
(e) the period of
employment to which the payment relates,
(f) the gross
amount of remuneration (including overtime and other payments),
(g) the amount paid
as overtime or such information as will enable the employee to calculate the
amount paid as overtime,
(h) the amount
deducted for taxation purposes,
(i) the amount
deducted as employee contributions for superannuation purposes,
(j) the
particulars of all other deductions,
(k) the net amount
paid.
4.8.2 Employer
Records - Section 129 of the Industrial
Relations Act 1996 (NSW) (‘the Act’) requires that an employer must ensure
that certain records are kept in relation to employees of the employer.
Note: The
records required by the Act, as set out in Division 2 - Employers’ records, of
Part 4 of the Industrial Relations (General) Regulation 2001, are subject to
change from time to time and are summarised here for convenience only.
Clause 9 - Content of records - General
(1) The prescribed
records relating to an employee must contain the following particulars:
(a) the full name
of the employer,
(b) Australian
Business Number of the employer,
(c) the full name
of the employee,
d) if any
conditions of employment of the employee are set by an industrial instrument
the classification of the employee under that instrument,
(e) whether the
employee is employed full-time or part-time,
(f) whether the
employee is employed on a permanent, temporary or casual basis,
(g) if the employee
is an apprentice or trainee within the meaning of the Industrial and Commercial
Training Act 1989 the date the person became such an apprentice or trainee,
(h) the date on
which the employee was first employed with the employer,
(i) if the
employee's employment is terminated the date of termination.
Clause 10 - Content of records - Remuneration And Hours
Worked
10(1) (Particulars re
remuneration) The prescribed records
relating to an employee must contain the following particulars concerning the
remuneration paid and hours worked by the employee:
(a) if the
relevant industrial instrument prescribes the number of hours to be worked per
week, day or other period the number of hours worked by the employee during
each such period,
(b) if the relevant
industrial instrument limits the daily hours of work and provides for the
payment of daily overtime the number of hours worked by the employee during
each day and the times of starting and ceasing work,
(c) if the
relevant industrial instrument prescribes a weekly, daily, hourly or other
period rate of remuneration the rate of remuneration per week, day, hour or
other period at which the employee is paid,
(d) if the relevant
industrial instrument prescribes piece-work the number and description of
pieces made by the employee and the rate per piece at which the employee is
paid,
(e) the gross
amount of remuneration paid to the employee, showing the deductions made from
that remuneration,
(f) such other
particulars as are necessary to show that the requirements of the relevant
industrial instrument relating to remuneration paid and hours worked are being
complied with.
10(2) (Remuneration
defined) In this clause, remuneration includes overtime and other payments.
Clause 11 - Content of records - Leave
(1) The prescribed
records relating to an employee must contain the following particulars about
leave of any kind to which the employee is entitled under the industrial
relations legislation or an industrial instrument:
(a) the leave
taken by the employee,
(b) the employee's
entitlement from time to time to that leave,
(c) accrual of
leave.
Clause 12 - Content of records - Superannuation
Contributions
12(1) (Particulars re
superannuation) The prescribed records
relating to an employee must contain the following particulars about any
superannuation contributions that the employer must make for the benefit of the
employee under an industrial instrument:
(a) the amount of
the contributions made,
(b) the period over
which the contributions are made,
(c) when the
contributions are made,
(d) the name of the
fund or funds to which the contributions were made,
(e) the basis on
which the employer became liable to make the contributions (including
particulars of any relevant election by the employee).
12(2) (Certain
particulars not required) The
particulars referred to in subclause (1)(a) (c) are not required in the case of
contributions to a defined benefit superannuation fund within the meaning of
the Occupational Superannuation Standards Regulations of the Commonwealth.
Clause 13 - Manner and form of keeping records
13(1) (Prescribed
records in English) The prescribed
records must be:
(a) in legible
form in the English language, or
(b) in computerised
or other form that is readily accessible and is convertible into a legible form
in the English language.
13(2) (Enabling
inspection) For the purposes of
enabling an inspector or other person to exercise any power conferred by the
Act to inspect any records kept in the form referred to in subclause (1)(b),
the relevant part of the records are to be converted into legible form in the
English language.
Clause 14 - Transfer of records to successor employers
(1) This clause
applies to the transfer of records kept by an employer (the former employer)
relating to a transferred employee (as defined in section 101 of the Act) to
the successor of the employer (the new employer).
(2) The former
employer must transfer to the new employer all prescribed records relating to
the transferred employee that, at the date of transfer, the former employer is
required to keep under section 129 of the Act.
(3) The new
employer is to keep those transferred records as if they had been mead by the new
employer at the time they were made by the former employer.
(4) The former
employer is required to keep a copy of the transferred records for a period of
at least 6 years after those records were made.
(5) The new
employer is not required to make records of anything occurring in the course of
the transferred employee's employment with the former employer.
8. Delete
references to paragraph 5.9.3(t) in subclause 5.9.3 of clause 5.9, Allowances
and Special Rates and insert in lieu thereof the following:
5.9.3(s)
9. Delete the
words "subclause (1)" from subclause 7.4.2 of clause 7.4,
Personal/Carers Leave and insert in lieu thereof the following:
7.4.1
10. Delete the
words 7.5.1(a) from paragraph 7.7.1(b) of clause 7.7, Public Holidays and
insert in lieu thereof the following:
7.7.1(a)
11. Delete the
words 7.5.1(a) and (b) from paragraph 7.7.1(e) and insert in lieu thereof the
following:
7.7.1(a) and (b)
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.