TRANSPORT INDUSTRY - MIXED ENTERPRISES INTERIM (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1853 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete clauses 14, Youths, and 48, Traineeship, of clause 2, Arrangement, of the award published 23 November 2001 (329 I.G. 748) and insert in lieu thereof the following:

 

14.       Juniors

48.       Traineeships

 

2.          Delete subclauses 3.22, 3.23 and 3.24 of clause 3, Definitions, and insert in lieu thereof the following:

 

3.22      Trainee shall mean an individual who is a signatory to a Training Contract registered with the Relevant NSW Training Authority and is involved in paid work and structured training which may be on- or off-the-job in the areas of furniture removal and freight forwarding.

 

3.23      Traineeship means a system of training which has been approved by the Relevant NSW Training Authority.

 

3.24      Training Contract means a contract entered into for the purpose of establishing a Traineeship under the Apprenticeship and Traineeship Act 2001 (NSW).

 

3.          Insert after subclause 3.27 of the said clause 3 the following new subclause:

 

3.28      Relevant NSW Training Authority means the NSW Department and Training, or successor organisations.

 

4.          Delete subclause 4.3 of clause 4, Anti-Discrimination, and insert in lieu thereof the following:

 

4.3        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.

 

5.          Delete paragraph 4.4.4 of subclause 4.4 of the said clause 4 insert in lieu thereof the following:

 

4.4.4     a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

6.          Delete subclause 5.2 of clause 5, Area, Incidence and Duration, and insert in lieu thereof the following:

 

5.2        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 6 September 2004.

 

7.          Delete the words "Class 1A driving license" in paragraph 7.1.2 of subclause 7.1 of clause 7, Wages, and insert in lieu thereof the following:

 

Class C driving licence

 

8.          Delete subparagraph 7.3.6.2 of paragraph 7.3.6 of subclause 7.3 of the said clause 7 and insert in lieu thereof the following:

 

7.3.6.2              Where any load is being carried by an articulated vehicle which is equipped with rear-end steering, and a steersperson is engaged in addition to the tractor driver, then both the tractor driver and the steersperson shall be paid, in addition to all other rates payable, the amount as set out in Item 10 of Table 3 whilst so engaged, with a minimum payment of the amount as set out in Item 11 of Table 3.  Provided, however, that this payment shall not be in substitution thereof.  Provided further that the rates payable under this subclause shall not be taken into account in the calculation of overtime.

 

9.          Delete paragraph 7.3.9 of the said subclause 7.3 and insert in lieu thereof the following:

 

7.3.9     Employees engaged in the handling or transport of used diapers shall be paid, in addition to the rate specified in Part B for the appropriate classification, the amount as set out in Item 14 of Table 3 in the case of weekly employees, and the amount as set out in Item 15 of Table 3 in the case of casual employees.

 

10.        Delete clause 14, Youths, and insert in lieu thereof the following:

 

14.  Juniors

 

14.1

 

14.1.1               A junior shall mean a person under the age of 21 years.

 

14.1.2               This clause shall only apply to juniors employed in the capacities encompassed by the classification of Transport Worker Grade One.

 

14.2

 

14.2.1               Juniors shall not be employed as casual hands unless they receive the adult casual rate.

 

14.2.2               Juniors shall not be employed on shift work except by agreement between the employer and the union.

 

14.2.3               Juniors may be employed in the following proportions to the number of adult drivers, not including casual hands, employed by an employer:

 

When 5 adult drivers are employed	1 junior may be employed
When 10 adult drivers are employed	2 juniors may be employed
When 20 adult drivers are employed	3 juniors may be employed
When 40 adult drivers are employed	4 juniors may be employed
When 60 adult drivers are employed	5 juniors may be employed
When 80 adult drivers are employed	6 juniors may be employed
When 100 adult drivers are employed	7 juniors may be employed

 

No employer may employ more than 7 juniors.

 

14.2.4               Any junior employed under conditions not in accordance with those set out in this clause shall receive the same rate of pay prescribed by this award for an adult worker performing the same class of work.

14.3

 

14.3.1               Juniors employed under the conditions prescribed in this clause shall be paid, in accordance with their age, a weekly wage calculated as a percentage of the wage specified in Table 1 - Wages (Division A - General Rates), of Part B, Monetary Rates, for the classification of Transport Worker Grade One.  Such weekly wage shall be calculated to the nearest 10 cents, any fraction of 10 cents in the result not exceeding 5 cents to be ignored.

 

14.3.2               Juniors employed in the capacity of a Transport Worker Grade One shall be paid a percentage rate as set out in the said Table 1.

 

14.3.3               Juniors employed by members of the Tallow Manufacturers’ Association as extra hand on vehicles engaged principally in the collection of butchers’ bones, fat, etc., shall be paid a percentage as set out in Table 1.

 

11.        Delete subclause 16.3 of clause 16, Mixed Functions, and insert in lieu thereof the following:

 

16.3      On any day on which an employee covered by this award is engaged for more than two hours in the cartage or distribution within New South Wales of petrol or petroleum products from refineries, terminals or depots of oil companies which are respondents to the Transport Workers’ (Oil Distribution) Federal Award, in force from time to time, the employee shall be paid for each such day at the rate of pay prescribed by this award, or the rate of pay prescribed by the Transport Industry - Petroleum, &c., Distribution (State) Award, whichever is the higher rate.

 

12.        Delete the second paragraph of clause 26, General Loadings, and insert in lieu thereof the following:

 

Employees of the Roads and Traffic Authority employed in or in connection with maintenance and bridge gangs shall be paid the allowance as provided in subclause (xiii) of clause 3, Wages of the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award published 21 December 1977 as varied from time to time.  Provided that such employees will comply with any direction of the employer to perform some minor or ancillary part of their work in labourer areas as provided for in the Agreement made between the Transport Workers’ Union of Australia, New South Wales Branch, and the Australian Workers’ Union, New South Wales Branch, set out in exhibit 1 of compulsory conference no. 428 of 1983.

 

13.        Delete the words "clause 6 of the Industrial Relations (General) Regulation 1996" in subclause 31.11 of clause 31, Payment of Wages, and insert in lieu thereof the following:

 

clause 7 of the Industrial Relations (General) Regulation 2001

 

14.        Delete paragraph 37.1.4 of subclause 37.1 of clause 37, Personal/Carer's Leave, and insert in lieu thereof the following:

 

37.1.4               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.

 

15.        Delete paragraph 37.6.3 of subclause 37.6 of the said clause 37 and insert in lieu thereof the following:

 

37.6.3               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 the employer.

 

16.        Delete subparagraph 40.1.1.1 of paragraph 40.1.1 of subclause 40.1 of clause 40, Public Holidays, and insert in lieu thereof the following:

 

40.1.1.1            The days on which New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour 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.

 

17.        Delete subparagraph 40.1.2.2 of paragraph 40.1.2 of the said subclause 40.1 and insert in lieu thereof the following:

 

40.1.2.2            Any of the other days prescribed in 40.1.1.1 shall be paid at the rate of 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 40.1.1.2.

 

18.        Delete subclause 40.4 of the said clause 40 and insert in lieu thereof the following:

 

40.4      An employee, other than a casual employee, who, without permission of the employee's 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 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 series of public holidays the employee shall lose the holiday pay only for the holiday closest to the day of the employee's absence.

 

19.        Delete paragraph 42.2.2 of subclause 42.2 of clause 42, First Aid, and insert in lieu thereof the following:

 

42.2.2               be so equipped and maintained as to contain at least the articles and appliances specified in section 20 of the Occupational Health and Safety Regulation 2001;

 

(Note:  The employer shall display a copy of the appropriate Schedule, above referred to, on or adjacent to the First aid Ambulance Chest.)

 

20.        Delete the words "Motor Traffic Act and Regulations" in clause 46, Limitations of Driving Hours, and insert in lieu thereof the following:

 

Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999 (NSW)

 

21.        Delete the words "NSW Motor Traffic Act and Regulations" in clause 47, Hoods and Windscreens, and insert in lieu thereof the following:

 

Road Transport (Safety and Traffic Management) Act 1999 (NSW) and Regulation

 

22.        Delete clause 48, Traineeship (ATS) and insert in lieu thereof the following:

 

48.  Traineeships

 

48.1      Objective

 

The parties have concentrated their attention and efforts on achieving a situation which will enhance the prospects of the employment of young persons who otherwise would be unlikely to gain employment and training in the areas of furniture removal and freight forwarding.

 

An objective of Traineeships is to provide additional employment and training opportunities for young people.

 

Where possible, Traineeship positions shall be additional to normal staff numbers, provided that existing full-time employees shall not be displaced by trainees.

 

48.2      Training Conditions

 

48.2.1               A Trainee shall attend an approved on- and off-the-job training course or program prescribed in the relevant Training Contract or as notified to the Trainee by the relevant NSW Training Authority.

 

48.2.2               These conditions shall apply to persons engaged as Trainees undergoing a Traineeship bound by a Training Contract between the employer and the Trainee which has been approved by the relevant NSW Training Authority.

 

48.2.3               The employer shall provide a level of supervision in accordance with the approved training plan during the Traineeship period.

 

48.3      Employment Conditions

 

48.3.1               The Trainee shall be engaged for a period of 12 months as a full-time employee provided that the Trainee shall be subject to a satisfactory probation period of up to one month.

 

48.3.2               The Trainee is permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the Training Contract.

 

48.3.3               Where the employment of a Trainee by an employer is continued after the completion of the Traineeship period, such Traineeship period shall be counted as service for the purposes of the award and long service leave entitlements.

 

48.3.4               Overtime shall not be worked by Trainees.  When shift work is worked to enable the requirements of the training plan to be affected, the relevant penalties and allowances of the award based on the Trainee wage will apply.  No Trainee shall work shift work on their own.

 

48.3.5               All other conditions of the award shall apply except for clause 14, Juniors (other than 14.2.1) and clause 16, Mixed Functions.  The parties may apply for a ratio of Trainees to adult employees to be inserted into the award.

 

48.3.6               The union shall be afforded all reasonable access to Trainees in accordance with Chapter 5, Part 7 of the Industrial Relations Act 1996.

 

48.3.7               Trainees shall be exempt from action with respect to industrial disputes.  However, Trainees shall not perform work which is the subject of an industrial dispute.

 

48.4      Wages

 

Trainees employed under the terms and conditions of this clause shall receive weekly rates of pay calculated by using the prescribed percentages of the appropriate award rate and further adjusting by multiplying by a factor of .75 in order to spread weekly payment over the duration of the traineeship as per the following table:

 

At 20 years of age	90% of appropriate award rate x .75
At 19 years of age	80% of appropriate award rate x .75
At 18 years of age	75% of appropriate award rate x .75
At 17 years of age	70% of appropriate award rate x .75

 

23.        Delete paragraph 55.3.3 of subclause 55.3 of clause 55, Award Modernisation, and insert in lieu thereof the following:

 

55.3.3               At any stage in the development and/or conduct of enterprise level discussions, the parties may utilise the disputes procedure (clause 50) for assistance in progressing discussions.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.