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.