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New South Wales Industrial Relations Commission
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METAL, ENGINEERING AND ASSOCIATED INDUSTRIES (STATE) AWARD
  
Date08/20/2004
Volume346
Part1
Page No.
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2867
CategoryAward
Award Code 039  
Date Posted08/19/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

 (039)

SERIAL C2867

 

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This award remains in force until varied or rescinded, the period for which it was made already having expired.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.

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