WAREHOUSE EMPLOYEES DRUG (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1791 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete clause 24, State Personal/Carer's Leave Case - August 1996, and clause 33, Proportion of Improvers, of the Arrangement of the award published 25 May 2001 (324 I.G. 1181) and insert in lieu thereof the following:

 

24.       Personal/Carer's Leave

33.       Proportion of Juniors

 

2.          Delete paragraph (iv) of subclause (b) of clause 4, Contract of Employment, and insert in lieu thereof the following:

 

(iv)       If a dispute arises under this subclause, the union(s) shall be notified, where appropriate, and the provisions of clause 41, Grievance and Dispute Resolution Procedures, invoked.

 

3.          Delete paragraph (iv) of subclause (a) of clause 7, Part-time and Casual Employees, and insert in lieu thereof the following:

 

(iv)       All other provisions of this award with respect to annual leave, sick leave and holidays, shall apply to part-time employees.

 

4.          Delete paragraph (ii) of subclause (a) of clause 8, Redundancy, and insert in lieu thereof the following:

 

(ii)        This clause shall only apply in respect of employers who employ more than 15 employees immediately prior to the termination of employment of employees;

 

5.          Delete subparagraph (2) of paragraph (i) of subclause (b) of the said clause 8 and insert in lieu thereof the following:

 

(2)        'Significant effects' include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that, where this clause makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

6.          Delete paragraph (vi) of subclause (d) of the said clause 8 and insert in lieu thereof the following:

 

(vi)       Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

7.          Delete paragraph (vii) of the said subclause (d) and insert in lieu thereof the following:

 

(vii)      Centrelink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

 

8.          Delete paragraph (i) of subclause (e) of clause 9, Shift Work, and insert in lieu thereof the following:

 

(i)         Employees engaged on morning or afternoon shifts shall be paid the amount in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to their appropriate rate of pay.

 

9.          Delete subclause (d) of clause 14, Overtime, and insert in lieu thereof the following:

 

(d)        Where an employee, after having worked overtime, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with a conveyance, or pay the cost of such conveyance, to reach a point where reasonable means of transport are available, or, if no such transport is available, to his or her home.

 

10.        Delete clause 18, Enterprise Arrangements, and insert in lieu thereof the following:

 

18.  Enterprise Arrangements

 

(a)        See the Enterprise Arrangements Principle of the Wage Fixing Principles.

 

(b)        The operative date for an enterprise arrangement shall be no earlier than the date of approval by the Industrial Relations Commission of New South Wales, except that the Industrial Relations Commission of New South Wales may approve an earlier operative date to achieve consistency with the operative date of an enterprise arrangement which has earlier been approved by the Australian Industrial Relations Commission.

 

(c)        Where parties to an enterprise arrangement include employees covered by a federal award, an agreement covering those employees may be submitted to the Australian Industrial Relations Commission for approval.

 

11.        Delete subclauses (a) and (b) of clause 20, Holidays, and insert in lieu thereof the following:

 

(a)        The days observed as New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, and all days proclaimed as public holidays for the State shall be holidays, provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days shall also be a holiday.  Employees within a radius of 32.18 kilometres of the Newcastle Post Office shall be allowed off at 12 noon on the day on which the official opening of the Newcastle Show takes place.

 

(b)        In addition to the holiday specified in subclause (a) of this clause, one additional holiday (in lieu of Picnic Day) shall apply in each calendar year to an employee on weekly hire. Such holiday shall be on the day prescribed in subclause 7.5.1(b), Public Holidays, of the Metal, Engineering and Associated Industries Award 1998 - Part I, as an additional holiday in New South Wales; provided where any other working day is observed as a picnic day by the general body of employees in any establishment, then such day shall be substituted for the additional holiday hereinbefore prescribed.  By agreement between any employer and the majority of his or her employees another day may be substituted for the additional holiday prescribed by this subclause in such employer's undertaking.

 

12.        Delete the Note to subclause (b) of clause 22, Annual Holidays Loading, and insert in lieu thereof the following:

 

(NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (f) of this clause).

13.        Renumber subclause (j) of the said clause 22 to read as subclause (i).

 

14.        Delete the title of clause 24, State Personal/Carer's Leave Case - August 1996, and insert in lieu thereof the following:

 

24.  Personal/Carer's Leave

 

15.        Delete paragraph (i) of subclause (a) of the said clause 24 and insert in lieu thereof the following:

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (iii), 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 23, Sick Leave, 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.

 

16.        Delete subclause (iii) of clause 25, Bereavement Leave, and insert in lieu thereof the following:

 

(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 subparagraph (2) of paragraph (iii) of subclause (a) of clause 24, Personal/Carer's Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

17.        Delete subclause (v) of the said clause 25 and insert in lieu thereof the following:

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (b), (c), (d), (e) and (f) of the said clause 24.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

18.        Delete the title of clause 33, Proportion of Improvers, and insert in lieu thereof the following:

 

33.  Proportion of Juniors

 

19.        Delete clause 36, Accommodation, and insert in lieu thereof the following:

 

36.  Accommodation

 

NOTE: As to welfare facilities for employees, see Occupational Health and Safety Regulation 2001, and regulations thereunder.

 

20.        Delete clause 37, First-aid Chest, and insert in lieu thereof the following:

 

37.  First-Aid Chest

 

NOTE: As to first-aid chest, see Occupational Health and Safety Regulation 2001, and regulations thereunder.

 

21.        Delete subclause (j) of clause 39, Superannuation, and insert in lieu thereof the following:

 

(j)         Employee Contributions - Employees employed in the industry who may wish to make contributions to the fund additional to those being paid pursuant to subclause (c), Employer Contributions, of this clause shall be entitled to authorise his or her employer to pay into the fund from the employee's wages, amounts specified by the employee in accordance with the fund trust deed and rules.

 

22.        Insert after clause 44, Area, Incidence and Duration, the following new paragraphs:

 

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

 

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

 

 

 

R. W. HARRISON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.