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New South Wales Industrial Relations Commission
(Industrial Gazette)





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TRANSPORT INDUSTRY - TRADE WASTE (STATE) AWARD
  
Date09/24/2004
Volume346
Part6
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2931
CategoryAward
Award Code 752  
Date Posted09/23/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(752)

SERIAL C2931

 

TRANSPORT INDUSTRY - TRADE WASTE (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Transport Workers' Union of New South Wales, an industrial organisation of employees.

 

(No. IRC 2069 of 2004)

 

Before Commissioner Connor

24 June 2004

 

AWARD

 

PART A

 

Clause No.          Subject Matter

 

SECTION I

 

Wages, Allowances and Hours of Employment

 

1.         Wages

2.         Terms of Employment

2a.       Commitment

3.         Hours of Employment

4.         Shift Work

5.         Overtime

6.         Saturday and Sunday work

7.         Meal Breaks and Allowances

8.         Casual Employees

9.         Part-Time Employees

10.       Payment of Wages

 

SECTION II

 

Leave Entitlements and Public Holidays

 

11.       Annual Leave

12.       Sick Leave

13.       Long Service Leave

14.       Personal/Carer’s Leave

15.       Bereavement Leave

15a.     Public Holidays

 

SECTION III

 

Industrial Relations and the Union

 

16.       Disputes Procedure

17.       Union Delegate

18.       Notice Board

19.       Union’s Picnic Day

 

SECTION IV

 

Other Provisions

 

20.       Anti-Discrimination

21.       Duties of Drivers

22.       Mixed Functions

23.       Uniforms, Protective Clothing and Safety & Occupational Health Requirements

24.       Amenities

25.       Unauthorised Persons Riding on Vehicles

26.       Limitation of Driving Hours

27.       Hoods and Windscreens

28.       Tools and Apparatus

29.       Definitions

30.       First Aid

31.       Jury Service

32.       Air Conditioning of Vehicles

33.       Garaging

34.       Exemption

35.       Joint Consultation Procedure, etc

36.       Employee Deductions

37.       Environmental Protection

38.       Wash-Up Times

39.       Area, Incidence and Duration

40.       Limitation of Overtime

41.       Recall

42.       Award Modernisation

43.       Training

44.       Attendance at Repatriation Centres

45.       Leave Reserved

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

Table 3 - Income Protection on Six Day Rosters - Saturday

Table 4 - Income Protection on Six Day Rosters - Sunday

Table 5 - Income Protection on Seven Day Rosters - Saturday & Sunday

 

Section I

 

Wages, Allowances and Hours of Employment

 

1.  Wages

 

NOTE:

 

(i)         For the purposes of computing wages, overtime, etc., the additional amounts referred to in Division B of this clause form part of the weekly wage for the work performed.

 

(ii)        For the purposes of computing wages, overtime, etc., the additional amounts referred to in Division B of this clause form part of the weekly wage for the work performed.

 

Division A

 

General Rates - the Wage Rates for the Classification in This Division Are as Set Out in Table 1 - Wages, of Part B, Monetary Rates:

 

Transport Worker Grade One

 

(A)       General Hand - in training (permitted to perform ancillary driving duties requiring a Class 1A license) - as set out in Item 1 of the said Table 1.

 

(B)       General Hand - as set out in Item 2 of Table 1.

 

Transport Worker Grade Two - as set out in Item 3 of Table 1.

 

Driver/operator of rigid vehicles with up to 3 axles with lift on/lift off system or with HIAB or rear lift system, and including pantechnicons.

 

Transport Worker Grade Three - as set out in Item 4 of Table 1.

 

Driver/operator of rigid vehicles with up to 4 axles with roll on/roll off system or with hook lift system.

 

Transport Worker Grade Four - as set out in Item 5 of Table 1.

 

Driver/operator of rigid vehicles with up to 4 axles with front lift system.

 

Transport Worker Grade Five - as set out in Item 6 of Table 1.

 

Driver/operator of trade effluent system vehicles or rigid tanker vehicles or rigid tanker vehicles with up to 3 axles.

 

Transport Worker Grade Six - as set out in Item 7 of Table 1.

 

Driver/operator of rigid tanker vehicles with up to 4 axles or articulated transfer station line haul vehicles with up to 6 axles.

 

Transport Worker Grade Seven - as set out in Item 8 of Table 1.

 

Driver/operator of articulated tanker vehicles with up to 6 axles.

 

Transport Worker Grade Eight - as set out in Item 9 of Table 1.

 

Driver/operator of double-articulated vehicles (including tankers).

 

Division B - Extra Payments

 

(i)         Drivers of rigid vehicles with a trailer attached thereto shall be paid the rate for the appropriate classification in Division A and in addition thereto, the amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of the said Part B.

 

(ii)        Employees under this award who are accredited driver/trainer-assessors working less than full-time at training other employees under this award shall be paid the rate for the appropriate classification in Division A and in addition thereto, the amount as set out in Item 2 of the said Table 2, while performing such training duties.

 

(iii)       Drivers of vehicles under this award while carting medical or biological waste shall be paid the rate for the appropriate classification in Division A and in addition thereto, the amount as set out in Item 3 of Table 2.

 

Division C - Casual Employees

 

Casual employees shall be paid the rates specified in Division A and the additional amounts (where applicable) in Division B and in addition thereto 20% of such rates and additional amounts (where applicable).  This additional loading is deemed to include all amounts payable under the Annual Holidays Act 1944, for annual leave.  This additional loading forms part of the casual rate for all hours worked, whether ordinary time or at prescribed penalty rates.

 

Division D - Spare Drivers

 

A "spare driver" shall be paid at the appropriate rates as prescribed in Divisions A, B and C for the most predominant vehicle in the fleet at the yard or depot.  If a "spare driver" is required to drive a vehicle at any time for which a higher rate is prescribed under this award, then clause 22, Mixed Functions, of this Award shall apply.

 

Leave Reserved

 

Leave is reserved for the Union to apply for an allowance for drivers who are required to have a dangerous goods license for the performance of their duties.

 

Leave is reserved for the employer parties to have a requirement for employees to drive vehicles with dangerous goods placarding included in the classification definitions in this award.

 

 

2.  Terms of Employment

 

(i)         An 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 de-skilling.

 

(ii)        An 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 trained in the use of such tools and equipment.

 

(iii)       Any direction issued by an employer pursuant to paragraphs (i) and (ii) hereof shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

 

(iv)       The employment of a weekly or part-time employee may be terminated only by one week’s notice on either side which may be given at any time or by payment by the employer or forfeiture by the employee of a week’s pay in lieu of notice.  This shall not affect the right of the employer to dismiss an employee without notice in the case of an employee guilty of misconduct.

 

(v)        An employee with more than two months’ service on leaving or being discharged shall, upon request, be given a reference or certificate of service in writing.  Such reference or certificate of service shall at least contain information as to the length and nature of the employment of the employee.

 

 

2a.  Commitment

 

(i)         The Transport Workers’ Union will not be making any claim for wage increases in relation to or in connection with the August 1997, June 1998, June 1999 or June 2000 State Wage Cases or the State Wage Cases of 2001, 2002 or 2003 . The wage increases arising under this award may be offset against any existing over award payments, whether arising from an enterprise bargain or not.

 

(ii)        The parties to this award to agree to enter into negotiations in a bona fide manner three months before the expiration of this award with the object of making a replacement award to take effect from the first pay period to commence on or after the day upon which this award expires.

 

 

3.  Hours of Employment

 

(i)         The ordinary hours of work for all employees shall not exceed 38 hours per week or 76 hours per fortnight or 114 hours per 3 weeks or 152 hours per 4 weeks and shall be worked between Monday and Friday inclusive.

 

 

 

 

(ii)        Weekend Work as Ordinary Hours of Work.

 

(a)        Saturday as an Ordinary day.  The ordinary hours of work prescribed in 3 (i) may also be worked upon a Saturday, provided that:

 

(1)        The number of ordinary hours to be worked on a Saturday shall not be less than 7.6 or more than 8;

 

(2)        Employees working ordinary hours on a Saturday shall be paid an additional 50% of the rates prescribed for their respective classifications for the ordinary hours worked on that day;

 

(3)        Any permanent employee employed at the date of the making of the Transport Industry - Trade Waste (State) Award, 1998, published 18 September, 1998 by an employer who, prior to the making of this award, regularly worked ordinary hours Monday to Friday and overtime Saturday, and as a result of this award is required to work Saturday as an ordinary day, shall receive not less than the amounts shown in Table 3 of Part B of this award for the relevant classification for ordinary hours worked; provided that this restriction shall not apply where an employee elects to forego income which exceeds the employee's base rate of pay in return for an alternative benefit (eg. time off in lieu of overtime, increased leisure time etc), or otherwise where the union agrees that is shall not apply. "Regularly" in this context means at least two weeks in four.  The amounts referred to in Table 3 are only payable in a pay week in which the employee actually worked Saturday as an ordinary day.

 

(4)        Any employee required to work ordinary hours on a Saturday will be given a minimum of 7 days notice; and

 

(5)        The employee must have Sunday and Monday as days off (unless they are worked as overtime).

 

(b)        Sunday as an Ordinary Day.  The ordinary hours of work prescribed in 3(i) may also be worked upon a Sunday by agreement in writing with individual employees affected (i.e. you don't have to work Sunday if you don't want to), provided that:

 

(1)        The number of ordinary hours to be worked on a Sunday shall not be less than 7.6 or more than 8;

 

(2)        Employees working ordinary hours on a Sunday shall be paid an additional 100% of the rates prescribed for their respective classifications for the ordinary hours worked on that day;

 

(3)        Any permanent employee employed at the date of the making of this award by an employer who, prior to the making of this award, regularly worked ordinary hours Monday to Friday and overtime Sunday, and as a result of this award agrees to work Sunday as an ordinary day, shall receive not less than the amounts shown in Table 4 of Part B of this award for the relevant classification for ordinary hours worked; provided that this restriction shall not apply where an employee elects to forego income which exceeds the employee's base rate of pay in return for an alternative benefit (eg. time off in lieu of overtime, increased leisure time etc), or otherwise where the union agrees that is shall not apply. "Regularly" in this context means at least two weeks in four.  The amounts referred to in Table 4 are only payable in a pay week in which the employee actually worked Sunday as an ordinary day; and

 

(4)        The employee must have two consecutive days off (unless they are worked as overtime).

 

 

(c)        Saturday and Sunday as Ordinary days.  The ordinary hours of work prescribed in 3(i) may also be worked upon Saturday and Sunday by agreement in writing with individual employees affected (i.e. you don't have to work Sunday if you don't want to), provided that:

 

(1)        The number of ordinary hours to be worked on the Saturday and the Sunday shall not be less than 7.6 or more than 8 on either day;

 

(2)        Employees working ordinary hours on a Saturday shall be paid an additional 50% and on a Sunday an additional 100% of the rates prescribed for their respective classifications for the ordinary hours worked on that day;

 

(3)        Any permanent employee employed at the date of the making of this award by an employer who, prior to the making of this award, regularly worked ordinary hours Monday to Friday and overtime on Saturday and Sunday, and as a result of this award agrees to work Saturday and Sunday as ordinary days, shall receive not less than the amounts shown in Table 5 of Part B of this award for the relevant classification for ordinary hours worked; provided that this restriction shall not apply where an employee elects to forego income which exceeds the employee's base rate of pay in return for an alternative benefit (eg. time off in lieu of overtime, increased leisure time etc), or otherwise where the union agrees that is shall not apply. "Regularly" in this context means at least two weeks in four. The amounts referred to in Table 5 are only payable in a pay week in which the employee actually worked Sunday as an ordinary day; and

 

(4)        The employee must have two consecutive days off (unless they are worked as overtime).

 

(iii)       The ordinary hours of work for all employees shall not exceed 8 hours per day, exclusive of meal breaks, and shall be worked between the hours of 5.30 am and 7.00 p.m.

 

(iv)       The 38-hour week may be worked under one of the following methods:

 

(a)        Rostered Day Off in a 4 Week Cycle

 

(1)        Employees shall work to a roster drawn up in each workplace providing for 19 days each of eight hours over a continuous four-week period.

 

(2)        Each employee shall take a rostered day off in accordance with the roster.

 

(3)        Rostered days off may be accumulated to a maximum of ten (10) days over a 40-week period.  Rostered days off may be credited to and be taken by an employee in advance to a maximum of five (5) days.

 

(4)        In those arrangements where rostered days off are not accumulated an employer may, due to operational requirements, require an employee not to take a rostered day off during the period it accrues.  In this event a replacement rostered day off shall be taken on the following basis:

 

(a)        Where the rostered day off not taken was either a Friday or Monday, the next practicable Friday or Monday shall be taken as a replacement rostered day off.

 

(b)        Where the rostered day off not taken was a Tuesday, Wednesday or a Thursday, the replacement rostered day off shall be taken on the first practicable day available for the taking of such replacement rostered day off.

 

(5)        Otherwise an employee’s normal rostered day off may be changed during the currency of a roster period by agreement between the employer and such employee.  In the absence of such agreement 48 hours notice of such alteration shall be given to the employee.

 

(6)        Calculation of Payment: Payment shall be for 7 hours 36 minutes per day with accrual as entitlement for a rostered day off being made on the basis of a nineteen day period where an employee works 152 hours within a work cycle not exceeding twenty-eight consecutive days at 24 minutes per day.

 

(7)        An employee whose rostered day off occurs on a payday shall be paid wages on the next ordinary working day following the rostered day off.

 

(8)        Where an employer is required to service a particular industry or plant or section thereof and there has been a cessation of operations resulting from annual close down, such employer may require employees to take a rostered day or days off to coincide with the day or days that the operations are closed.  In this event, a rostered day or days off which would normally become due to the employee shall not become so due for the number of days taken pursuant to the provisions of this paragraph; provided however that an employee disadvantaged in terms of leisure time by a rostered day or days off normally falling on a Friday or a Monday being required to be taken on a Tuesday, Wednesday or Thursday, then such employee shall be rostered to take a Friday or Monday day off on the earliest practicable opportunity upon the normal roster being resumed.

 

(9)        Where an employee works an ordinary day on a Saturday pursuant to Clause 3(ii), such employee’s rostered day off must not be rostered to occur on a Saturday.

 

(b)        Other Than a Rostered Day Off in a 4 Week Cycle:

 

(1)        Where an employer is required to service a particular industry or plant or section thereof which is operating under arrangements for a reduced working week other than that provided for in Clause 3(iv)(a), the employer may arrange the hours of work of an employee to be applicable to that particular industry or plant, or section thereof, provided that such hours shall not be in excess of the normal hours of work permitted by this clause.

 

(2)        The employer may require employees to work ordinary hours over five days, Monday to Friday inclusive, which shall not exceed 38 hours, which may be worked over four days of 8 hours each and one day of 6 hours.  On the day on which 6 hours is worked, those 6 hours may be worked continuously without a meal break.

 

(3)        The employer may require employees to work ordinary hours over a two-week period (10 working days) Monday to Friday inclusive of not more than 76 hours.  To achieve this, the employer may roster employees off, half a day (4 hours) on one of the days in one of those normal working weeks.

 

(v)        More than one of the methods of implementation of an average 38 hour working week referred to in this clause may be simultaneously implemented for different groups of workers in the one workplace; provided that agreement shall be reached with the majority of employees so affected.

 

(vi)       Methods of implementation of an average 38 hours working week other than those referred to in this clause may be instituted by arrangement with the Union.

 

(vii)      In response to changed requirements of the employer’s clients, the employer may alter the method(s) by which a 38-hour week is worked in the workplace, provided that the altered method(s) so chosen shall comply with the requirements of this clause.

 

(viii)     Start and finish times

 

(a)        Within the limits prescribed in this clause, each employee shall be in attendance at the workplace or other agreed starting place ready to commence work in ordinary working hours and work shall be deemed to have commenced, for each employee in attendance, at the time and place so fixed.

 

(b)        Working in ordinary working hours shall be deemed to have finished, for those employees in attendance, when a period of eight hours, exclusive of a break for a meal, calculated from the fixed starting time, has elapsed.

 

(c)        Different starting times within the span of ordinary hours may apply to different groups of employees in a workplace.

 

(d)        Any employee who is not in attendance at the workplace or other agreed starting place ready to commence work at the fixed starting time or who fails to attend for eight hours from that time shall be paid only for the actual hours worked.

 

(e)        The employer may only alter the time and place fixed in accordance with Clause 3(viii)(a), by notice posted for 7 days at the workplace or other agreed starting place; provided that the start time may be changed where it is necessary for reasons beyond the employer’s control by notification before the end of the previous day’s work or with 24 hours notice where work has not been performed the previous day.

 

4.  Shift Work

 

(i)         Definitions

 

(a)        "Early Morning Shift" shall mean a shift to which an absolute majority of permanent employees in a yard or depot have agreed by vote may be worked at that yard or depot and which commences at or after 4.00 am and before 5.30 am.

 

(b)        "Afternoon Shift" shall mean a shift which finishes after 7.00 p.m. and at or before midnight.

 

(c)        "Alternate Early Morning/Afternoon Shift" shall mean a shift which alternates between early morning shift (as defined in (a) above) and afternoon shift.

 

(d)        "Night Shift" shall mean a shift which finishes subsequent to midnight and at or before 8.00 am.

 

(e)        "Alternate Night/Afternoon Shift" shall mean a shift which alternates between night shift and afternoon shift or night shift and afternoon shift and day work.

 

(f)         "Alternate Night/Day Shift" shall mean a shift which alternates between night and day shift.

 

(g)        "Shift Work" shall mean work extending for at least 4 weeks and performed either in daily recurrent periods or in regular rotating periods within the limits defined for "Early Morning Shift" or "Afternoon Shift" or "Night Shift".

 

(ii)        Weekly Employees

 

(a)

 

(1)        The hours of work of weekly employees on shift work shall be an average of 38 per week.

 

(2)        Such work shall be arranged as provided for by Clause 3, Hours of Employment, of this award, provided that employees may be rostered to work shift work over five days within a six or seven day spread with two consecutive days off.

 

(3)        Crib time on any shift shall be at a time fixed by the employer and shall be varied except in an emergency: provided that an employee shall not be required to work more than 5 hours without a crib break.

 

(b)

 

(1)        There shall be a shift roster which shall provide for rotation unless otherwise agreed between the employer and the employee.

(2)        Such shift roster shall specify the commencing and finishing time or arranged ordinary hours of respective shifts.  A copy of such shift roster shall be kept in a prominent place.  Such roster having been fixed may be varied by agreement between the employer and the employee affected to suit the circumstances of the establishment, provided that the Union is notified of such agreement by seven (7) days’ notice of such alteration given by the employer to the employee affected or in the case of changes necessitated by circumstances outside the control of the employer by twenty-four (24) hours’ such notice.

 

(3)        Day workers may be transferred to shift work be seven (7) days’ notice given by the employer to the employee or in cases where sudden or unforeseen circumstances make the change necessary by twenty-four (24) hours’ such notice.

 

(iii)       Allowances

 

(a)        For ordinary hours of shift work, shift workers shall be paid the following extra percentages of the rates prescribed for their respective classifications:

 

(1)

Early Morning Shift

12.5%

(2)

Permanent Afternoon Shift

17.5%

(3)

Alternate Early Morning/Afternoon Shift

 

 

- When on early morning shift

15%

 

- When on afternoon shift

15%

(4)

Permanent Night Shift

30%

(5)

Alternate Night/Afternoon Shift

 

 

- When on afternoon shift

17.5%

 

- When on night shift

30%

(6)

Alternate Night/Day Shift

 

 

- When on night shift

25%

 

(b)        Shift workers rostered on a shift the major portion of which is performed on a Saturday, Sunday or public holiday shall be paid as follows:

 

(1)

Saturday

At the rate of time and a half

(2)

Sunday

At the rate of double time

(3)

Public Holidays

At the rate of double time and a half

 

The penalty rates prescribed by this sub-clause for work on a Saturday, Sunday or a public holiday shall be payable in lieu of the shift allowances prescribed in subclause (iii)(a) hereof.

 

Notwithstanding anything contained herein, each shift shall be paid for at the rate applicable to the day on which the major portion of the ordinary time of the shift is worked.

 

(iv)       Overtime

 

For all time worked outside or in excess of the arranged ordinary shift hours or pursuant to circumstances under subclause (ii)(b)(2) hereof shift workers shall be paid at time and a half for the first 2 hours and double time thereafter and provided that for shifts the major portion of which fall on a Sunday or a public holiday all overtime shall be paid at the rate of double time.

 

(v)        Casual Employees

 

(a)        Casual employees may be engaged on shift work on less than 38 hours per week.

 

(b)        Such employees must be paid a minimum payment of 8 hours per shift.

 

(c)        Casual shift workers shall be entitled to the appropriate shift penalty as provided for in subclauses (iii)(a) and (b) hereof plus 20% of such rate.  This additional loading is deemed to include all amounts payable under the Annual Holidays Act 1944, for annual leave.  This additional loading forms part of the casual rate for all hours worked, whether ordinary time or at prescribed penalty rates.

 

(d)        Casual shift workers who work in excess of the arranged ordinary hours of the shift on which they are rostered shall be entitled to the appropriate overtime rates provided for in subclause (iv) hereof.

 

(e)        Casual shift workers for work on a rostered shift the major portion of which is performed on a Saturday, Sunday or public holiday shall be paid at the appropriate rates provided for in subclause (iii)(b) hereof and in addition thereto a loading 20% of such rate.  This additional loading is deemed to include all amounts payable under the Annual Holidays Act 1944, for annual leave.  This additional loading forms part of the casual rate for all hours worked, whether ordinary time or at prescribed penalty rates, provided that such payments for work on a Saturday, Sunday or public holiday shall be in lieu of the shift allowances provided for in subclause (iii)(a) hereof.

 

(f)         After a maximum of 5 hours work a casual shift worker shall be entitled to paid crib time of 20 minutes.

 

(vi)       Meal Time

 

All shift workers whilst working on early morning, afternoon or night shift shall be entitled to a paid crib time of 20 minutes.  Such crib time shall be allowed and taken as prescribed in subclause (ii)(a)(3) hereof.

 

(vii)      Prior Arrangements

 

Arrangements as to shift work entered into between the Union and any employer prior to the introduction of this clause into the award, which provide for more advantageous conditions for employees than this clause shall not be altered without the agreement of the Union.

 

5.  Overtime

 

(i)         Overtime at the rate of time and one-half for the first two (2) hours and double time thereafter shall be paid to all employees, including casuals, as follows:

 

(a)        For all time worked within the spread of ordinary hours referred to in Clause 3(iii) in excess of the ordinary hours of work in any week.

 

(b)        For all time worked within the spread of ordinary hours referred to in Clause 3(iii) in excess of the daily limitations on working of hours prescribed in Clause 6 or before the fixed commencing time or after the fixed finishing time.

 

(c)        For all time worked outside the spread of ordinary hours referred to in Clause 3(iii).

 

(d)        For the purpose of the computation of overtime each day shall stand alone; provided that where work continues beyond midnight, double time shall be paid until the completion of such overtime.

 

(ii)        In the calculations of overtime, portions of hours shall be taken to the nearest one-tenth of an hour.

 

(iii)       Casuals - In the case of casual employees, the overtime rate shall be calculated on the casual rate of pay.

 

6.  Saturday and Sunday Work

 

(i)         Saturday Work

 

(a)        An employee required to work on a Saturday (where it is not an ordinary day pursuant to Clause 3(ii)) shall be paid at the rate of time and one-half for the first two (2) hours and double time thereafter for all time worked, with a minimum payment of four (4) hours at the appropriate rate of pay, whether the employee works for that period of time or not.

 

(b)        An employee (other than an employee working on ordinary shift) who is required to commence work on a Saturday at 12 noon or thereafter, shall be paid at double time.

 

(ii)        An employee required to work on a Sunday shall be paid at the rate of double time for all time worked, with a minimum payment of four (4) hours at the appropriate rate of pay, whether the employee works for that period or not.  (To avoid doubt, where Sunday is worked as an ordinary day pursuant to clause 3(ii), any hours worked in excess of the ordinary hours of work shall be paid at the overtime rate of double time).

 

7.  Meal Breaks and Allowances

 

(i)         On the days Monday to Friday, inclusive, there shall be one unpaid break of not less than 30 minutes nor more than one (1) hour for lunch between the hours of 11.30 am and 1.30 p.m., which break shall be taken in such period by the employee on a flexible basis according to the demands of work.  Provided that an employee shall not be required to take such lunch break before a period of four hours calculated from his normal starting time has elapsed.

 

(a)        Within the limitation prescribed in this subclause the employer shall nominate the length of the lunch break to be taken by various employees and this shall be recognised as their regular lunch break.  Once fixed the length of the lunch break may only be altered by three- (3) days’ notice being given to the employee concerned.

 

(b)        An employee whose regular lunch break exceeds 30 minutes may be required by their employer on any day to take a lunch break of a lesser period not being less than 30 minutes and in this case the employee shall be paid at the rate of time and one-half for the time worked during such regular lunch break.

 

(ii)

 

(a)        An employee who is required to work overtime on any weekday for a period of two (2) hours or more after the employee's normal finishing time shall be allowed a paid crib break of 20 minutes not later than 5 hours after the end of the employee's lunch break and the employee shall unless the employee was notified the previous day or earlier that the employee would be required to work such overtime be paid a meal allowance as set out in Item 4 of Table 2 of Part B.  Where notification to work overtime has been given on the preceding day or earlier and such overtime is then cancelled on the day such overtime was to be worked an employee shall be paid a meal allowance as set out in Item 5 of Table 2 of Part B.  Where an employee is required to work for 10 hours or more on any day the meal allowance prescribed herein shall be paid at the commencement of that work as "breakfast money".

 

(b)        An employee who, on any week day, is recalled to work after having finished work for the day or who is called upon to work before the employee's normal starting time and where such work does not continue up to the employee's normal starting time shall be allowed a paid crib break of 20 minutes for each 5 hours worked calculated from the time of commencement of work or from the end of the previous crib break, whichever applies.

 

(c)        An employee who on any week day is required to start work prior to 6.00 am and who continues such work up to and after the employee's normal starting time shall be allowed a paid crib break of 15 minutes between the hours of 8.00 am and 9.00 am.

 

(iii)

 

(a)        An employee required to work on a Saturday, Sunday or public holiday shall be allowed a paid crib break of twenty (20) minutes for each five (5) hours worked the said five (5) hours to be calculated from the time of commencement of work or from the end of the previous crib break whichever applies.

(b)        An employee required to work for a period of eight (8) hours between the hours of 6.00 am and 4.00 p.m. on a Saturday, Sunday or public holiday may be allowed the usual weekday lunch break and in that case the provisions of paragraph (a) of this subclause shall not apply.

 

(iv)       Except so far as is altered expressly by this clause, existing custom and practice concerning crib breaks and meal hours shall continue during the currency of this award.

 

8.  Casual Employees

 

(i)         Casual employees shall be paid the rate specified in Part B for the appropriate classification specified in Clause 1 of this award, and in addition 20% of such rate.  This additional loading is deemed to include all amounts payable under the Annual Holidays Act 1944, for annual leave.  This additional loading forms part of the casual rate for all hours worked, whether ordinary time or at prescribed penalty rates.

 

(ii)        Irrespective of hours worked, a casual employee shall be paid a minimum of four hours work for each start.

 

(iii)       No employer shall engage casual employees in excess of one quarter of the number of weekly employees (i.e. other than casual employees) employed plus one additional causal employee.

 

(iv)       Upon request, any employer employing casual employees under this award shall furnish an accredited representative of the union with the number of employees engaged on any specified day, showing separately the number of casuals employed on such day.

 

9.  Part-Time Employees

 

Employees may be employed on a permanent basis to work regular days and regular hours less than 38 hour per week, provided that:

 

(i)         The set weekly hours for such an employee shall be determined upon engagement and thereafter not changed other than by agreement;

 

(ii)        Notwithstanding (i) above, the hours set for a part-time employee shall not be less than 4 consecutive hours in any day or less than 20 hours in any week, except in the case of a part-time employee who agrees to work on only two days of the week in which case the minimum number of ordinary hours shall be 7.6 hours on each day and the maximum number of ordinary hours shall be eight hours on each day.

 

(iii)       All work over the set hours determined at engagement shall be paid at overtime penalty rates.

 

(iv)       The spread of ordinary hours allowable for part-time employees shall be as set out in Clause 3, Hours of Employment, and their hourly rate equal to the appropriate rate as set out in Clause 1, Wages, and divided by 38.

 

(v)        The ratio of full-time employees to non-full-time employees (including casual and permanent part-time employees), shall remain 4:1.

 

(vi)       All other provisions of this Award, where applicable, shall apply to part-time employees in the same ratio as their ordinary hours of work are to 38 hours per week.

 

10.  Payment of Wages

 

(i)         Subject to Clause 10(vi), all wages shall be paid weekly in cash or by electronic funds transfer, on Thursday or Friday, as determined by the employer, and the day, on being fixed, shall not be altered more than once in three months.  Where a public holiday falls on a Friday, the payment of wages that week shall, as far as practicable, be made on the preceding Wednesday.  Provided that wages may be paid by cheque with the agreement of a majority of employees at each yard.

 

(ii)        No employee should have the pay day changed unless given at least seven (7) days’ notice.

 

(iii)       Except as otherwise provided for in this clause no employer shall hold more than two days’ wages in hand.

 

(iv)       Where an employer holds less than two days’ wages in hand, payment for any overtime worked after the normal finishing time on the last day of the pay week shall be paid to the employee on the next succeeding pay day.

 

(v)        Casual employees shall be paid at the end of each day or at the termination of their casual employment.

 

(vi)       Where wages are paid in cash, they shall be paid to the employee at the workplace or other agreed starting place or otherwise by agreement between the employer and the employee or employees concerned.

 

(vii)      Where wages are paid in cash, wages shall be paid without unnecessary delay after the employee ceases work on payday.  An employee kept waiting for wages on pay day for more than a quarter of an hour after ceasing work shall be paid at overtime rates after that quarter of an hour with a minimum payment equal to 1/5th of an hour.

 

(viii)     In the case of an employee whose services are terminated on other than a pay day such employee shall be paid all wages due either prior to or immediately upon cessation of work on the final day of employment.

 

(ix)       An employee, other than a casual employee, who desires to terminate employment on a day other than pay day shall give notice to the employer on commencing work in the morning in which case the employee shall be paid all wages due when the employee has finished the day’s work, otherwise wages may be paid on the following working day at a time stipulated by the employer but not later than 12 mid-day.

 

(x)        Each employee shall be supplied with a pay envelope or statement in writing on which shall be endorsed:

 

(a)        The name and classification of the employee.

 

(b)        The gross amount of wages, inclusive of overtime and other earnings.

 

(c)        The amount paid as overtime or such information as will enable the amount paid as overtime to be calculated by the employee.

 

(d)        The amount deducted for taxation purposes.

 

(e)        Particulars of all other deductions or the total amount of such deductions; and

 

(f)         The net amount paid.

 

 

Section II

 

Leave Entitlements and Public Holidays

 

11.  Annual Leave

 

(i)         See Annual Holidays Act 1944.

 

(ii)        An employee at the time of entering upon a period of annual leave in accordance with the Annual Holidays Act, shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable, calculated on the basis of three and one-third (3) hours’ ordinary pay for each completed month of service.

 

 

12.  Sick Leave

 

(i)         "Year" Shall Mean the Period of Twelve Months Measured for Each Employee from the Day of Commencement of the Employee’s Current Period of Employment.

 

(ii)        An employee, with not less than three months’ continuous service as such in the transport industry, including the industry covered by this award, who is absent from work by reason of personal illness or injury, not being illness or injury arising from the employee’s misconduct or from an injury arising out of or in the course of employment, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(a)        The employee shall, unless it is not reasonably practicable so to do (proof whereof shall be on the employee), before the employee's ordinary starting time on the first day of the employee's inability to attend for duty and, as far as practicable, state the nature of the illness or injury and the estimated duration of the absence.

 

(b)

 

(1)        Subject to (2) the employee shall furnish to the employer such evidence as the employer may reasonably desire that the employee was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

(2)        The employee may have not more than four single day absences due to sickness or injury in any one sick leave year without presenting a medical or dental certificate to the employer but if the single day absence occurs before or after a public holiday or a rostered day off the employee must furnish to the employer such evidence as the employer may reasonably desire that the employee was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

(c)        Except as hereinafter provided, the employee shall not be entitled in any year (as defined), whether in the employ of one employer or several in the aforesaid industry in such year, to leave in excess of forty hours of ordinary working time.  Provided that:

 

(1)        if employment continues with the one employer after the first year, the employee's sick leave entitlement shall increase to a maximum of ten (10) days of ordinary working time at which figure it shall remain for each subsequent year of continued employment;

 

(2)        if the employment of an employee who has become entitled to leave in accordance with provisions (1) above is terminated for any reason, the employee shall not be entitled in the employ of an employer in the industry, in that year, to leave in excess of  40 hours of ordinary  working time.

 

(iv)       The rights under this clause shall accumulate from year to year, so long as the employment continues with the one employer, so that any part of the leave entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by that employer, subject to the conditions prescribed by this clause, in a subsequent year of continued employment.

 

(v)        If an award holiday occurs during an employee’s absence on sick leave then such award holiday shall not be counted as sick leave.

 

(vi)       Service before the date of coming into force of this clause shall be counted as service for the purpose of assessing the sick leave entitlement in any year under subclause (ii)(c) of this clause, but shall not be taken into consideration in arriving at the period of accumulated leave.

 

(vii)      Accumulated sick leave at the credit of an employee at the commencement of this award shall not be affected nor reduced by the operation of this clause.

 

 

 

13.  Long Service Leave

 

See Long Service Leave Act 1955.

 

14.  Personal/Carer’s Leave

 

(i)         Use of Sick Leave

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in 14(i)(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 at Clause 12 of the award, 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 the employee being responsible for the care of the person concerned; and the person concerned being:

 

(1)        a spouse of the employee; or

 

(2)        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

 

(3)        a child or an adult child (including an adopted child, step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling the employee of spouse or de facto spouse of the employer; or

 

(4)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(5)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"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.

 

(ii)        Unpaid Leave for Family Purpose

 

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 14(i)(c) above who is ill.

 

 

 

 

(iii)       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 (5) 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 14(iii)(a) 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 (5) consecutive annual leave days are taken.

 

(iv)       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 twelve (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 14(iv)(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

 

(d)        Where no election is made in accordance with paragraph 14(iv)(a), the employee shall be paid overtime rates in accordance with the award.

 

(v)        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 of which would have been applicable to the hours taken off.

 

(vi)       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 employer.

 

(d)        This subclause is subject to the employer informing the Union where it 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 to participate in negotiations.

 

15.  Bereavement Leave

 

(i)         An employee other than a casual employee shall be entitled to up to 16 working hours bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) of this clause up to and including the day of the funeral.

 

(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 paragraph (c) sub-clause (i) of clause 14, State Personal/Carer’s Leave Case - provided that for the purpose 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 other leave available under subclauses (ii), (iii), (iv), (v), and (vi) of the said clause 14.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15a.  Public Holidays

 

(i)

 

(a)

 

(1)        The days on which New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day and Boxing Day are observed in the areas concerned together with such other days which may be proclaimed by the Government and which are observed as public holidays for the area covered by this award shall be recognised as public holidays.

 

(2)        Employees shall be entitled to the public holidays specified in subparagraph (1), of this paragraph, without loss of pay.

 

(b)        An employee required to work on-

 

(1)        Christmas Day or Good Friday shall be paid at the rate of double time and one-half for the actual time worked in addition to the day’s pay to which the employee is entitled for those days in accordance with subparagraph (2), of paragraph (a), of this subclause.

 

(2)        Any of the other days prescribed in paragraph (a), of this subclause, shall be paid at the rate of double time for the actual time worked in addition to the day’s pay to which the employee is entitled for those days in accordance with sub-paragraph (2), of the said paragraph.

 

(3)        The employer shall have the right to roster any employee for work on the public holidays above named, including Christmas Day and Good Friday, provided that reasonable notice is given.  Should an employee so rostered on, not report for work, the employee shall not be paid for that public holiday unless the employee has a reasonable excuse for such absence.

 

(c)        Should any of the prescribed public holidays fall on a Saturday or Sunday and another day in lieu thereof is not proclaimed by the Government for the observance of such public holiday, an employee required to work on such public holiday shall be paid for all work performed on:

 

(1)        Christmas Day, double time for the actual time worked and in addition, ordinary time for the actual time worked up to a maximum of eight (8) hours pay at ordinary time.

 

(2)        Any of the other days prescribed in paragraph (a), of this subclause, time and one-half for the actual time worked and, in addition, ordinary time for the actual time worked up to a maximum of eight (8) hours’ pay at ordinary time.

 

(d)        An employee required to work on any of the public holidays prescribed in subparagraph (1), of paragraph (a), of this subclause shall be guaranteed four (4) hours’ work or shall be paid for four (4) hours at the appropriate rate.

 

(ii)        An employee whose services are dispensed with within seven (7) days of the commencement of any week in which one or more public holidays occur and who is re-engaged by the same employer within seven (7) days of the said week shall be paid an ordinary day’s pay for each public holiday so occurring at the rate prescribed for the class of work performed by the employee prior to the employee's services being dispensed with.

 

(iii)       An employee who, without permission of the employer or without reasonable cause is absent from duty on the working day immediately preceding or the working day immediately succeeding any public holiday or series of public holidays shall not be entitled to payment for such public holiday, or series of public holidays, provided that if an employee is absent as aforesaid on one only of the working days preceding or succeeding a services of public holidays the employee shall lose the holiday pay only for the holiday closest to the day of absence.

 

Section III

 

Industrial Relations and the Union

 

16.  Disputes Procedure

 

(i)         Subject to the Industrial Relations Act 1996, any dispute shall be dealt with in the following manner:

 

(a)        The representative of the Union on the job and the appropriate supervisor shall attempt to resolve the matters in issue in the first place.

 

(b)        In the event of failure to resolve the dispute at job level the matter shall be the subject of discussions between an organiser of the Union and the workplace manager.

 

(c)        Should the dispute still remain unresolved the Secretary of the Union or a representative will confer with senior management.

 

(d)        In the event of no agreement being reached at this stage, the dispute will be referred to the Industrial Relations Commission of New South Wales for resolution.

 

(ii)        All work shall continue normally while these negotiations are taking place.

 

17.  Union Delegate

 

(i)         An employee appointed as union delegate to the yard, depot or garage shall upon notification thereof to the employer by the branch or sub-branch secretary of the union, be recognised as the accredited representative of the union.

 

(ii)        Any matter arising in the yard, depot or garage affecting members of the Union may be investigated by the delegate and discussed with the employer or the employer's representative.  The delegate shall on request, be allowed a reasonable opportunity to carry out such duties at a time reasonably convenient to the delegate and the employer.

 

(iii)       If a matter in dispute is not settled the delegate shall, on request, be allowed access to a telephone for a reasonable opportunity to notifying the union branch or sub-branch concerned.

 

18.  Notice Board

 

The employer shall supply a notice board of reasonable dimensions to be erected or to be placed in a prominent position in the yard, depot or garage upon which accredited representatives of the Union shall be permitted to post formal Union notices signed by the representative or representatives.

 

19.  Union’s Picnic Day

 

(i)         Easter Saturday shall be recognised as the Union’s Picnic day.

 

(ii)        Subject to clause 19(iii), a financial member of the Union who is required to work on Easter Saturday shall be paid at the ordinary rate of pay multiplied by two and one-half in addition to the payment prescribed by sub-clause 19(iv) for the actual time worked with a maximum payment as for eight hours’ work.

 

(iii)       Where Easter Saturday is proclaimed as a public holiday a financial member of the Union who is required to work on Easter Saturday shall be paid in accordance with paragraph 15(b)(ii) in addition to the payment prescribed by (iv) for the actual time worked and sub-clause 19(ii) shall have no effect.

 

(iv)       In addition to all other payments due to an employee, where such an employee is a financial member of the Union then that employee shall, upon proof thereof, be paid an additional day’s pay in the pay period in which Easter Saturday falls.

 

(v)        For the purpose of this clause "financial member of the Union" shall mean an employee who at the time of the picnic day a financial member, or who was a financial member as at 31 December of the preceding year.

 

 

Section IV

 

Other Provisions

 

20.  Anti-Discrimination

 

20.1      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.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

20.2      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.

 

20.3      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.

 

20.4      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; or

 

(d)        a party to this award from pursing matters of unlawful discrimination in any State or federal jurisdiction.

 

20.5      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.

 

 

 

21.  Duties of Drivers

 

Where reasonably required by the employer, drivers’ duties shall include minor repairs such as changing tail lights, and each driver shall be ready, willing and able to perform non-specialist vehicle maintenance tasks where practicable.

 

22.  Mixed Functions

 

(i)         An employee required by an employer to work for less than two hours a day on work carrying a higher rate of pay shall be paid at the higher rate for the actual time so worked, and when required to work for more than two hours a day on such work shall be paid as for a whole day’s work.

 

(ii)        This clause shall not apply to actual periods of one hour or less or to interchange work arranged between employees to meet their personal convenience.

 

23. Uniforms, Protective Clothing and Safety & Occupational Health Requirements

 

(i)         Where an employee is required by an employer to wear a distinctive uniform the same shall be provided, free of costs, by the employer.

 

(ii)        Where requested by the employee, an employer shall provide rubber gloves, gum boots and waterproof coat or apron, free of cost, for the use at work of an employee required to wash vehicles.

 

(iii)       Wet weather clothing consisting of waterproof hat, coat and trousers shall be provided for employees required to work in the rain.

 

(iv)       The clothing provided in accordance with this clause shall be renewed when reasonably necessary.  It shall only be worn when the employee is engaged on work for the employer and shall remain the property of the employer and shall be returned to the employer on demand in a condition commensurate with normal wear and tear.  An employee may be required by an employer to sign a receipt for such clothing upon it being issued to the employee.

 

(v)        The employer shall supply and launder overalls for each tanker driver.

 

(vi)       The employer shall provide:

 

(a)        vehicles used in the collection, transportation and disposal of waste shall be of high visibility and fitted with a flashing light or lights visible from all points around the vehicle;

 

(b)        to employees suitable high visibility clothing with reflective material provided that nothing in this paragraph shall be deemed to exclude the use of the company’s name, logo or telephone number; clothing provided in accordance with this paragraph shall not be loose fitting;

 

(c)        to employees suitable footwear having regard to the work performed and the prevailing conditions including the state of roads, pavements and topography in the areas in which the work is to be performed;

 

(d)        after consultation with a medical officer, a qualified occupational health nurse or an appropriate officer from the Department of Industrial Relations and Employment, suitable first-aid kits to be carried in each vehicle.

 

(e)        torch and batteries for drivers and offsiders as reasonably required.

 

(vii)      The employer shall have available suitable gloves.

 

(viii)     Where safety clothing and footwear has been provided by the employer in accordance with this clause it shall be the duty of the employee to wear such clothing and footwear at all times while the employee is at work.

 

(ix)       The employee shall not obscure high visibility clothing in any way.

 

(x)        Where an employee comes into contact with direct or reflected sunlight during working hours and requires special clothing and/or headgear to protect himself/herself from the sun these shall be provided, free of cost, by the employer.

 

(xi)       An employee who comes into contact with direct or reflected sunlight during working hours shall be provided with Australian Standard, AS 1067 Sunglasses, free of cost, by the employer.  Those employees who require Safety Sunglasses shall be provided, free of cost, by the employer, with Australian Standard AS 1337 or AS 1338 Safety Sunglasses.

 

(xii)      An employee who comes into contact with direct or reflected sunlight during working hours shall be provided with sufficient quantities of broad spectrum SPF 30+ Sunscreen to protect himself/herself from the sun, free of cost, by the employer.

 

24.  Amenities

 

(i)         The following facilities shall be available at all yards, depots, or garages where employees are engaged under the provisions of this award:

 

(a)        proper dressing rooms with adequate washing facilities, including showers with both hot and cold water;

 

(b)        proper lock-up clothing lockers;

 

(c)        where employees are required to partake of meals at the employer’s yard, depot or garage; a dining room with adequate seating and table accommodation for the partaking of meals, also facilities for boiling water and heating food; and

 

(d)        proper lavatory facilities.

 

(ii)        Employees shall place all personal belongings in the lockers provided.

 

25.  Unauthorised Persons Riding on Vehicles

 

An employee shall not permit any unauthorised persons to accompany the employee on the vehicle, nor permit any such person to assist the employee in delivery of goods, wares, merchandise or material unless, such person has been engaged as an employee or is the owner of such goods, wares, merchandise or material or is the agent or representative of such owner.

 

26.  Limitation of Driving Hours

 

See the Road Transport (General) Act 1999 and Regulations.

 

27.  Hoods and Windscreens

 

The employer shall provide all vehicles with hood, windscreen, cushioned seat and back rest.  The driver’s cabin of each vehicle shall be ventilated adequately and shall be supplied with cabin doors and windows: Where this is not practicable side curtains may be fitted as an alternative.  No driver shall be required to drive a vehicle with a cracked or broken windscreen, windows, rear vision mirror or lights or which otherwise contravenes the Road Transport (General) Act 1999 and Regulations.

 

28.  Tools and Apparatus

 

(i)         The employer shall provide and shall maintain all necessary tools, ropes, packing and any other equipment necessary to perform the work.

 

(ii)        In all cases where employees are called upon to move heavy articles reasonably requiring the use of a Samson or other suitable type of truck this shall be provided.

29.  Definitions

 

(i)         Articulated vehicle shall mean a motor propelled vehicle used for the conveyance of goods, or merchandise and the like and comprising two separate units, viz., a tractor and semi-trailer.

 

(ii)        Double time shall mean the employee’s ordinary rate of pay plus 100 per cent.

 

(iii)       Driver shall mean any person engaged to drive or control any type of vehicle specified in this award irrespective of his other duties.  This definition shall not exclude other duties ordinarily performed by a driver.

 

(iv)       Manufacturers’ gross vehicle weight (G.V.W.) shall mean the weight of a motor wagon and its load as specified by the manufacturer.  It may be ascertained by reference to the model specification plate attached to the vehicle, or failing this, by reference to the Roads and Traffic Authority of New South Wales, the manufacturer of the motor wagon or his agent.

 

(v)        Motor wagon shall mean a motor propelled vehicle used for the conveyance of loads and so construed that the portion containing the motive power and the load carrying portion form one rigid unit.

 

(vi)       Other Agreed Starting Place shall mean a place, other than the employer’s yard, depot, or garage, at which it is agreed between the employer and the employees affected such employees will be in attendance at the time or times fixed ready to commence working ordinary working hours.  Upon such agreement having been reached between the employer and the employees, as aforesaid, the employer shall forthwith notify the branch or sub-branch secretary of the Union of the location of such other agreed starting place.

 

(vii)      Semi-trailer shall mean that portion of an articulated vehicle on which the load is carried and which is attached to and is hauled by a tractor.

 

(viii)     Special Purpose Collection - shall mean waste collections not performed by any of the vehicles specified in Division A of Clause 1, Wages, of this award under classifications (a) to (f) inclusive.

 

(ix)       Time and one-half shall mean the employee’s ordinary rate of pay plus 50 per cent.

 

(x)        Tractor shall mean that portion of a vehicle, not being a motor wagon, which provided the motive power.

 

(xi)       Trade effluent means materials such as acids, alkalis, detritus, oil residues, precipitates, silts, solvents, tannery waste and the like and which are the waste products of an industrial process.

 

(xii)      Trailer shall mean a vehicle, not having its own motive power, attached by means of a drawbar to a motor-wagon and hauled behind such motor wagon.

 

(xiii)     Union shall mean the Transport Workers’ Union of New South Wales.

 

(xiv)     Yardman means an employee engaged in or about yards, depots or garages and whose duties shall include, if required, the washing and greasing of motor vehicles and other equipment, the cleaning of tanks and containers and/or the servicing of tyres, driving of motor vehicles and other equipment with the yard.

 

(xv)      Year unless the context indicates otherwise shall mean the period from 1 July to 30 June next following.

 

30.  First Aid

 

(i)         An employee appointed by the employer to perform first-aid duty shall be paid per day the amount prescribed in item 6 of table 2 of Part B, Monetary Rates, in addition to the ordinary rate during such appointment.

 

(ii)        First-aid Outfit - A first-aid outfit shall be provided by the employer at each establishment, yard, depot and garage where there are employees covered by this award.

 

Such outfit is to comprise a first-aid ambulance chest which shall:

 

(a)        be of sound construction, be dustproof and be distinctly marked with a white cross upon a green ground;

 

(b)        be so equipped and maintained as to contain at least the articles and appliances specified by the Occupational Health and Safety (First-Aid) Regulation, 1989;

 

(NOTE: The employer shall display a copy of the appropriate Schedule, above referred to, on or adjacent to the first-aid ambulance chest.)

 

(c)        contain nothing except requisite articles and appliances for first-aid;

 

(d)        be readily accessible to the persons employed in the establishment, yard, depot and garage; and

 

(e)        be placed under the charge of a responsible person or persons who or one of whom shall always be readily available during working hours.  A clearly legible notice stating the name or names of the person or persons in charge of the ambulance chest shall be affixed in a conspicuous position on or adjacent to the chest.

 

31.  Jury Service

 

(i)         An employee required to attend for jury service during ordinary working hours 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.

 

(ii)        An employee shall notify the employer as soon as practicable of the date upon which the employee is required to attend for jury service.  Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

32.  Air Conditioning of Vehicles

 

Because of the nature of the vehicles and the type of work performed, all new vehicles introduced or commissioned on or after the date of operation, of this award shall be air-conditioned; provided further that all Dump masters in existing fleets shall have air-conditioning installed.

 

33.  Garaging

 

Where an employee, at the request of an employer, garages the employer’s motor wagon in covered garage space provided by the employee, such employee shall be paid the sum as described in Item 7 of Table 2 for each vehicle so garaged in addition to any other payments due to the employee.

 

34.  Exemption

 

This Award Shall Not Apply to an Employee Engaged on the Collection of Domestic Waste for the Major and Substantial Part of the Employee’s Work Each Day and Who, as an Incident to that Work, Collects Some Trade Waste Using the Same Vehicle; Provided that the Transport Industry - Waste Collection and Recycling (State) Award is Observed in Relation to Such an Employee.

 

35.  Joint Consultation Procedure, Etc

 

(i)         Regular three-monthly meetings for the purpose of joint consultation to assist industrial relations shall be held between Union and employer representatives.

 

(ii)        Union delegates shall be permitted by their employers to attend such meetings without loss of pay.

(iii)       A set of minutes from all such meetings shall be kept in a file accessible to all parties and such file shall also include any matters concerning yard policies or the like.

 

(iv)       Attendance by employees at any other Union meetings other than occupational health and safety meetings shall be unpaid unless otherwise agreed to by the employer.

 

36.  Employee Deductions

 

(i)         All non statutory, agreed and subsequently authorised deductions from an employee's pay shall be applied to the purpose of the deduction:

 

(a)        within  thirty days of the end of the month of the deduction occurring; or

 

(b)        no later than the date when the instalment is due to be paid to the recipient institution where the recipient institution has an instalment period of longer than  thirty days.

 

(ii)        The employer shall generate and maintain records of the following transactions:

 

(a)        Deductions.  Such deductions shall appear on the employee's next pay advice; and

 

(b)        Payments to recipient institutions.  The employer shall provide the employee with evidence that such a payment has been made upon the request of the employee.

 

37.  Environmental Protection

 

(i)         The parties recognize that the Waste Industry, in particular the transport and disposal of waste, requires the adherence to specific statutory regulations governing environmental protection, namely the Protection of the Environment Operations Act, and the associated regulations. As such no employer who is a licensed transporter and whose business is covered by this award will knowingly, require an employee to perform any of the following

 

(a)        transport material that an employer is not licensed to transport (where licensing is required);

 

(b)        dispose of industrial and/ or hazardous waste at a facility that is not appropriately licensed to accept such waste;

 

(c)        handle, transport or dispose of industrial and/ or hazardous waste material that the employee is not trained to handle.

 

(ii)        The parties agree that alleged breaches of this clause will be addressed in a consistent and fair manner, ensuring that the application of this clause is non-discriminatory.

 

(iii)       The parties are committed to the protection of the environment and acknowledge the important role of the waste management industry in the maintenance of current standards of community heath and hygiene.  The parties acknowledge that should any grievance or dispute arise then the Disputes Procedures contained in Clause 16 of this award will be followed.

 

The parties also acknowledge and accept the role of the Department of Environment and Conservation, Local Councils and Public Authorities, in respect to the administration of the above-mentioned Act.

 

38.  Wash-Up Times

 

Time spent by employees washing up after the completion of work shall not count as time worked.

 

39.  Area, Incidence and Duration

 

This award rescinds and replaces the Transport Industry - Trade Waste (State) Award published 14 December 2001 (330 I.G. 299) and all variations thereof. It shall apply to employees of the classifications specified herein within the jurisdiction of the Transport Industry - Trade Waste (State) Industrial Committee.

It shall take effect from the beginning of the first pay period to commence on or after 1 July 2004 and shall have a nominal term of two years.

 

40.  Limitation of Overtime

 

An employee who is required to work for a continuous period amounting to twelve (12) hours or more from the time of commencing work shall be entitled to be absent from work until the employee has had ten (10) consecutive hours off duty.  Should the said ten (10) hours, or any part thereof, coincide with the employee’s ordinary hours of work the employee shall be paid at ordinary rates for the time which falls within the employee's ordinary hours of work.

 

In the case of an employee who is engaged in trade waste work in connection with a continuous shift operation, the rest period shall, on each such day, be 8 hours in lieu of the normal 10 hours.

 

41.  Recall

 

An employee recalled for work shall be guaranteed and shall be paid for at least four-(4) hours work for each start at the appropriate rates of pay.

 

This clause shall also apply to any employee called upon to work before the employee's normal starting time, and whose overtime work does not continue up to such starting time.

 

42.  Award Modernisation

 

(i)         The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

(ii)        In conjunction with testing the new award structure that is to be introduced, the parties agreed that discussion should also take place at an enterprise level.  Such discussion is intended to further the aims sought to be achieved by, and as are expressed in subclause (i) hereof.

 

(iii)       At each yard, depot or enterprise, an employer, the employees and their Union shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that yard, depot or enterprise.

 

Where yard, depot or enterprise discussions are considering matters requiring any award variation, the Union and the employer’s Association shall be advised of the broad details including the award area/s likely to be affected, and, prior to agreement being reached, or at their request they shall be invited to participate.  Such invitation shall be in writing and addressed to the Secretary of the Union and executive officer of the Association (or their nominee).

 

(iv)       At any stage in the development and/or conduct of enterprise level discussions, the parties may utilise the Disputes Procedure (Clause 41b) for assistance in progressing discussions.

 

(v)        Nothing in this clause shall prohibit the Union and an employer Association assisting in making an agreement to cover a number of enterprises in the same section of industry or in a similar business or enterprise which will assist or enhance the efficient operation of any enterprise and further the aims of subclause (i) hereof.

 

(vi)       The terms of any genuine agreement reached between the parties in any establishment/s shall substitute for the provisions of this award to the extent that they are contrary to the award, provided that:

 

(a)        The majority of employees affected genuinely agree.

 

(b)        employees have been provided with the current provisions eg. award or industrial agreement applicable to those employees at the yard, depot or enterprise.

 

(c)        No employee shall lose income as a result of the change; provided that this restriction shall not apply where an employee has elected to forego income, which exceeds their base rate of pay in return for an alternative benefit, eg. time off in lieu of overtime payments, increased leisure time through the implementation of a 12 hour shift system, etc.

 

For the purposes of this paragraph "income" shall mean the employee’s regular weekly earnings upon which the employee could reasonably have come to rely.

 

(d)        The agreement shall be committed to writing and shall include a date of operation and a date of expiration.

 

(e)        The agreement shall be signed by the employer, the representative/s of employees or the Union and a copy shall be sent to the Secretary of the Union and to the executive officer of the relevant employer’s association/s.

 

(f)         The Union and relevant employer association/s shall have 21 days in which to notify the employer (who shall then notify the employees’ representatives) of any objection to the agreement, including the reasons for such objection.

 

Where an objection is raised the parties should confer in an effort to resolve their different views.  If the matter is not resolved in that way the employer may make application to vary the award to facilitate the agreement.  Such application shall be made to the Industrial Commission of NSW.

 

(g)        The Union and/or employer’s Association/s shall not unreasonably oppose any agreement reached under this clause.

 

(h)        If no party objects, a consent application shall be made to the Industrial Commission to have the Agreement ratified.

 

(vii)      Where an agreement is ratified by the Industrial Commission under the procedure hereof, and the agreement relates to any provisions of this award, then the name of the establishment/s to which the agreement applies, the date of operation of the agreement, the award provisions from which the said establishment/s is/are exempted, 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 Schedule A to this Award.

 

(viii)     Under the terms of this clause any award matter or condition of employment can be raised for discussion.

 

(ix)       registered industrial organisations which are parties to this award will continue to meet with the aim of modernising the award.

 

43.  Training

 

A.        Compulsory Induction Training

 

(i)         The purpose of this clause is to:

 

(a)        ensure that employees are certified as competent to:

 

A.        the F1 ("Follow OH&S Procedures") competency standard under the TDT 2002 nationally recognized training package; or

 

B.         the Blue Card; or

 

C.         other similar or better programme.

 

(b)       encourage the attainment of a transferable skills base in occupational health and safety training for employees.

 

(ii)        Subject to subclause (iv), by 1 September 2004, an employer will ensure that each employee:

 

(a)        Has attained:

 

A.        the F1 ("Follow OH&S Procedures") competency standard under the TDT 2002 nationally recognized training package; or

 

B.         the Blue Card; or

 

C.         other similar or better programme; and

 

(b)       Has attained the training specified in paragraph (a) of this subclause (ii) at no cost to the employee; and

 

(c)        Has been provided with documentation confirming the attainment of the training specified in paragraph (a) of subclause (ii) of this clause.

 

(iii)       Subject to subclause (iv), after 1 September 2004 an employee must complete the training set out in subclause (ii) above within two (2) months of the commencement of his or her employment with an employer if the employee has not previously completed the training set out in 43(ii)(a) A or 4(ii)(a) B.

 

(iv)       An employer’s obligations under subclauses (ii) and (iii), above, will not apply to a casual employee unless the engagement has been on a regular and systematic basis for a period of at least two (2) months.

 

(v)        Upon request of the Union, an employer who has implemented training as set out in 43(ii)(a) C will provide copies of the relevant training programme to the Union on a confidential basis for the purpose of the Union satisfying itself that the training is similar to or better than the training set out in 43(ii)(a) A or 4(ii)(a) B.

 

(vi)       If an employee or prospective employee is required to undergo training pursuant to subclause (ii), above, either prior to or after commencing employment, the employer or proposed employer will pay the employee or prospective employee an hourly rate for the actual hours spent in attending the training (excluding travel time).  The hourly rate will be determined by dividing the weekly rate applicable for the employee’s classification or proposed classification by 38 hours and will not include payment for any overtime or any other penalties including, but not limited to, allowances, shift allowances or loadings.  An employee shall suffer no loss of ordinary time earnings as result of attendance at training provided pursuant to subclause (ii), above.

 

B.         Commitment to Training

 

(a)        The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of the trade waste disposal industry and trade waste disposal operations generally, a greater commitment to training and skill development is required.  Accordingly, the parties commit themselves to:

 

(1)        developing a more highly skilled and flexible workforce;

 

(2)        providing employees with career opportunities through appropriate training to acquire additional skills;

 

(3)        removing barriers to the utilisation of skills acquired; and

 

(4)        enhancing the knowledge and skills of Union representatives at the workplace with a view to creating more harmonious industrial relations.

 

(b)        Following proper consultation in accordance with Clause 42, Award Modernisation, or through the establishment of a training committee, an employer shall develop a training program consistent with:

 

(1)        the current and future skill needs of the enterprise;

 

(2)        the size, structure and nature of the operations of the enterprise;

 

(3)        the need to develop vocational skills relevant to the enterprise and the transport industry through courses conducted by accredited educational institutions and/or providers.

 

(c)        Where it is agreed a training committee be established that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example:

 

formulation of a training program and availability of training courses and career opportunities to employees;

 

dissemination of information on the training program and availability of training courses and career opportunities to employees;

 

the recommending of individual employees for training and reclassification;

 

monitoring and advising management and employees on the on-going effectiveness of the training.

 

(d)

 

(1)        Where, as a result of consultation in accordance with Clause 4 or through a training committee and with the employee concerned, it is agreed that additional training in accordance with the program developed pursuant to subclause (ii) herein should be undertaken by an employee, that training may be undertaken either on or off the job.  Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay.  The employer shall not unreasonably withhold such paid training leave.

 

(2)        Any costs incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure.

 

(3)        Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

 

(e)        Subclauses (a), (b) and (d) herein shall operate as interim provisions and shall be reviewed after nine month’s operation.  In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (ii) herein.  In this connection, the Union reserves the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of an individual enterprise and/or the trade waste disposal industry.

 

(f)         Any disputes arising in relation to subclauses (c) and (d) shall be subject to the provisions of Clause 16, Disputes Procedure, of this award.

 

44.  Attendance at Repatriation Centres

 

Employees, being ex-service personnel, shall be allowed as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment; provided that:

 

(a)        Such lost time does not exceed four hours on each occasion;

 

(b)        Payment shall be limited to the difference between ordinary wage rates from time lost and any payment received from the Department of Veterans’ Affairs as a result of each visit;

 

(c)        The provisions of this subclause will apply to a maximum of four such attendances in any year of service with an employer.

 

(d)        The employee produces evidence satisfactory to the employer that the employee is required to and subsequently does attend a repatriation centre.

 

45.  Leave Reserved

 

Leave is reserved to the Union to apply in respect of:

 

Chain of Responsibility

 

Job Security

 

Transport Worker Assistance and Retraining

 

Blood Donor Leave

 

Volunteer Emergency Service Leave

 

PART B

 

Monetary Rates

 

NOTE:  In this part of the Award "Rate A" where it appears refers to the rate payable effective from the beginning of the first pay period to commence on or after 1 July 2004, and "Rate B", where it appears, refers to the rate payable from the beginning of the first pay period to commence on or after 1 July 2005.

 

Table 1 - Wages

 

Item No.

Clause No.

Rate A per week

Rate B per week

 

 

$

$

1

2 Div A

550.20

572.10

2

2 Div A

645.60

671.40

3

2 Div A

678.80

706.00

4

2 Div A

697.30

725.20

5

2 Div A

708.60

736.90

6

2 Div A

724.10

753.10

7

2 Div A

730.80

760.00

8

2 Div A

765.50

796.10

9

2 Div A

822.20

855.10

 

Table 2 - Other Rates and Allowances

 

Item

Clause No.

Brief Description

Rate

No.

 

 

Items 4, 5 & 7 are

 

 

 

expense related

 

 

 

allowances]

 

 

 

$

1

1. Div B (i)

Drivers of rigid vehicles with a trailer attached

27.65pw.

2

1. Div B (ii)

Accredited driver/trainer-working less than full-

10.90

 

 

time training other employees

 

3

1. Div B(iii)

Drivers of vehicles carting medical or biological waste

6.70

4

7(ii)(a)

Meal Allowance

5.50

5

7(ii)(a)

Meal Allowance when overtime cancelled

9.35

6

30

First-aid allowance

1.75

7

33

Garaging

17.15

 

Table 3 - Income Protection on Six Day Rosters - Saturday

 

Classification

Rate per week

 

$

Transport Worker Grade One (General hand - in training)

555.70

Transport Worker Grade One (General hand)

652.00

Transport Worker Grade Two

685.50

Transport Worker Grade Three

704.20

Transport Worker Grade Four

715.50

Transport Worker Grade Five

731.30

Transport Worker Grade Six

738.00

Transport Worker Grade Seven

773.10

Transport Worker Grade Eight

832.30

 

Table 4 - Income Protection on Six Day Rosters - Sunday

 

Classification

Rate per week

 

$

Transport Worker Grade One (General hand - in training)

651.10

Transport Worker Grade One (General hand)

764.00

Transport Worker Grade Two

803.20

Transport Worker Grade Three

825.10

Transport Worker Grade Four

838.40

Transport Worker Grade Five

856.80

Transport Worker Grade Six

864.70

Transport Worker Grade Seven

905.80

Transport Worker Grade Eight

972.90

 

Table 5 - Income Protection on Seven Day Rosters - Saturday & Sunday

 

Classification

Rate per week

 

$

Transport Worker Grade One (General hand - in training)

832.00

Transport Worker Grade One (General hand)

976.20

Transport Worker Grade Two

1026.30

Transport Worker Grade Three

1054.30

Transport Worker Grade Four

1071.30

Transport Worker Grade Five

1094.70

Transport Worker Grade Six

1104.90

Transport Worker Grade Seven

1157.40

Transport Worker Grade Eight

1243.10

 

 

 

P. J. CONNOR, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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