NEWCASTLE PORT CORPORATION AND AIMPE AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1847 of 2004)
|
Before The Honourable Mr
Deputy President Harrison
|
1 July 2004
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REVIEWED AWARD
PART A
1. Award Title
This Award shall be known as the Newcastle Port Corporation
and AIMPE Award 2001.
2. Arrangement
This award is arranged as follows:
Clause No. Subject Matter
1. Title
2. Arrangement
3. Definitions
4. Date the
award starts
5. Where and
who the award covers
6. Who is
bound by this award?
7. Relationship
with other awards
8. Procedure
to avoid industrial disputation
9. Anti-discrimination
10. Payment of
Salaries
11. Hours of
Work
12. Overtime
13. Redundancy
14. Termination
of employment
15. Superannuation
16. Annual
Leave
17. Personal
Leave
18. Parental
Leave
19. Jury
service
20. Public
holidays
21. Long
Service Leave
22. Enterprise
Flexibility Agreements
23. Relieving
PART B
Wage Rates
3. Definitions
"Commission" means the Industrial Relations
Commission of New South Wales.
"Day Worker" shall mean any Employee who is not
engaged in shift work.
"Disability allowance shall include all allowances
including, but not limited to, annual leave loading, travel allowances,
overtime and any other rates and allowances contained in this award except
shift allowances.
"Employee" includes any Employees of the Newcastle
Port Corporation who are members of the Institute.
"Employer" shall mean the Newcastle Port
Corporation.
"Institute" shall mean the Australian Institute of
Marine and Power Engineers, NSW District ("AIMPE").
A "Maritime Officer" shall mean an Employee as
defined.
"Shiftworker shall mean an Employee who is rostered on
shiftwork.
"Shiftwork" falls into two categories, which are
defined as follows:
"Continuous Shift Work" shall mean continuous port
services work carried out according to a continuous shift process with
consecutive shifts of employees over a twenty-four hour period.
"Non Continuous Shift Work" shall mean port
services work carried out on a rostered basis by Employees on other than
continuous shiftwork.
4. Date Award Starts
This Award comes into force on 23 May 2001 and shall remain
in force for a period of three (3) years.
The changes made to the award pursuant to the Award Review
under section 19(6) of the Industrial Relations Act 1996 and Principle
26 of the Principles for Review of Awards made by the Industrial Relations
Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on
and from 1 July 2004.
This award remains in force until varied or rescinded, the
period fro which it was made already having expired.
5. Who is Bound By
the Award?
This award is binding upon the following parties:
Newcastle Port Corporation
The Employees of the Newcastle Port Corporation who are
members of the Institute
Australian Institute of Marine and Power Engineers, NSW
District ("the Institute")
6. Where and Who the
Award Covers
6.1 Where does the
award apply?
This award applies at the port of Newcastle.
6.2 Who does the
award apply to?
This award relates to persons employed by Newcastle
Port Corporation ("the Employer") who are members of the Institute
and who are engaged in the positions of Dredge Engineer and Vessel Maintenance
Officer or similar such titles that may be used by the Employer to describe
those positions.
7. Relationship With
Other Awards
This Award supersedes the MARITIME SERVICES BOARD (Masters,
Engineers Pilot Vessels and Dredging Plant, Pilots Minor Trading Ports) Award.
8. Procedure to Avoid
Industrial Disputation
8.1 Steps to be
followed in resolving a dispute
To enable claims, issues and disputes to be progressed
while work proceeds normally, the following procedures are to apply:
Step 1 - Employee(s) and/or delegate(s) of the
Institute involved will place the claim, issue or dispute before his/her
immediate supervisor. The immediate supervisor will take all reasonable steps
to reply to the Employee(s) and/or delegate(s) as soon as possible. If the
reply cannot be given by the end of the next ordinary working shift, a progress
report will be given.
Step 2 - Failing agreement, Employee(s) and/or
delegate(s) of the Institute involved will place the claim, issue or dispute
before the line manager or his/her representative. The line manager or his/her
representative will take all reasonable steps to reply to the Employee(s)
and/or delegate(s) as soon as possible. If a reply cannot be given by the end
of the line manager’s or his/her representative’s next ordinary working day a
progress report will be given.
Step 3 - Failing agreement, Employee(s) and/or
delegate(s) and/or official(s) of the Institute involved will place the claim,
issue or dispute before the personnel and industrial relations branch of the
business unit or the central industrial relations branch in respect of other
areas. The claim, issue or dispute and all relevant circumstances relating to
it shall then be fully reviewed by the manager, personnel or industrial
relations of the business unit or the central manager, industrial relations in
respect of other areas and by the Institute involved and all reasonable steps
shall be taken in an endeavour to resolve the matter.
Step 4 - In the event of failure to resolve a matter by
steps 1 to 3, the institute will notify the Labour Council of NSW of the
dispute in lieu of referring the issue for determination by an industrial
tribunal.
Step 5 - No action is to be taken by the Institute
which would affect the Employer’s operations whilst a dispute is under
investigation.
Step 6 - A cooling-off period of five days, excluding weekends
and public holidays, is to apply to enable the Labour Council to assist in the
resolution of the dispute.
Step 7 - Failing agreement, the claim, issue or dispute
is to be referred to the appropriate industrial tribunal, if the Institute
wants to pursue it further.
Step 8 - The above procedures do not apply to claims,
issues or disputes relating to genuine safety matters. In such matters the
Employer will undertake immediate investigations including discussions with the
Employee(s) and/or delegate(s) and/or official(s) of the Institute involve.
Step 9 - These procedures will apply to any demarcation
dispute and work is to continue as normal where it is agreed that there is an
existing custom; otherwise work is to continue at the direction of the Employer.
Step 10 - Nothing contained herein precludes the
Employer and the Labour Council from entering into direct negotiations.
9.
Anti-Discrimination
9.1 It is the
intention of the parties bound by this award to seek to achieve the object in
s.3(f) of the Industrial Relations Act 1996 (NSW) to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
9.2 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 operations 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 of operation, has a direct or
indirect discriminatory effect.
9.3 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 or unlawful discrimination
or harassment.
9.4 Nothing in
this clause is to be taken to affect:
9.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
9.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
9.4.3 any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
9.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
9.5 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.
10. Payment of
Salaries
10.1 Salaries shall
be paid fortnightly. Any other amount shall be paid to the Employee on the next
pay day but one after it has been earned. Payment will be into a bank or other account.
11. Hours of Work
11.1 Ordinary hours
of employment shall be no more than 40 hours per week averaged over a fifty two
week period. In addition, by agreement between the Employer and the Institute,
additional ordinary hours will be worked to provide continuity of operations
and short term relief. All hours (including published roster hours) in excess
of 38 hours per week are additional hours & shall be recognised in the
working conditions component of the shiftworkers salary as expressed in the
site Enterprise Agreement.
11.2 Continuous
Shift Worker
The ordinary hours of continuous shift workers, whether
worked on eight or twelve hour shifts shall be an average of 38 per week over a
four week and six week cycle respectively. Such hours shall be worked according
to rosters agreed between the parties. After each four hours of duty occurring
within the ordinary rostered hours a crib of thirty minutes shall be allowed.
In respect of each eight hour ordinary shift worked 0.4
of one hour shall accrue towards an entitlement to take one shift off in each
four week cycle. In the case of twelve hour shifts such accrual shall be 0.6 of
one hour for each twelve hour ordinary shift worked in a six weeks cycle.
11.3 Dredge Engineer
and Vessel Maintenance Officer - Dredging Plant
11.3.1 Day
Workers
Starting and finishing times should be mutually agreed between
management of the Employer and Employees within the time span 7.00am to 7.00pm;
however, if agreement cannot be reached the needs of the organisation must
prevail and the Employer will determine starting and ceasing times. Employee
coverage to meet the needs of the Employer will be determined through a process
of mutual co-operation at Unit/Section level and will where possible take into
account the specific needs of Employees.
11.3.2 Accrued
Day Off - Day Workers
The day to be taken off by any particular Employee in
each four week cycle shall be a day nominated by the Employer. Such day will be
nominated so as to suit the requirements of the Employer’s activities.
11.3.3 Shift
Workers
The ordinary working hours of shift workers, whether
worked on eight or twelve hour shifts, shall be an average of 38 hours per
week, over a four week and six week cycle respectively.
Such hours shall be worked according to rosters agreed
between the Employer and Employee.
In respect of each eight hour ordinary shift worked 0.4
of one hour shall accrue towards an entitlement to take one shift off in each
four week cycle. In the case of twelve hour shifts such accrual shall be 0.6
hour for each twelve hour ordinary shift worked in a six week cycle.
Except at regular changeover of shifts an Employee
shall not be required to work more than one ordinary shift in every twenty four
hours. The times of working shifts shall be in accordance with rosters,
alteration of hours and an alteration to the requirement to work shifts may be
done by the Employer giving Employees at least seven days notice. A crib of
thirty minutes shall be allowed after four hours of work.
11.4 The commencing
and ceasing times may be altered by agreement between the Employer and the
Institute in the event of disagreement by the Commission to suit local
conditions or to meet any exigency that may arise.
11.5 Public Holidays
Where a public holiday falls on a day rostered off as a
consequence of a 38 hour week, the next working day shall be taken as the
rostered day off, unless an alternate day is agreed between the Employee and
the Employer.
11.6 Leave
Each day of paid leave taken shall be regarded as a day
worked for the purposes of the accrual of rostered days off.
12. Overtime
12.1 Reasonable Overtime
An Employer may require an Employee, other than a
casual Employee, to work reasonable overtime.
13. Redundancy
13.1 Definition
Redundancy occurs when an Employer decides that the
Employer no longer wishes the job the Employee has been doing to be done by
anyone and this is not due to the ordinary and customary turnover of labour.
Redundancy is subject to the normal consultative processes outlined in the
dispute settling procedures of this award.
13.2 Severance Pay
13.2.1 In
addition to the period of notice prescribed for ordinary termination in
sub-clause 14.1 an Employee whose employment is terminated by reason of
redundancy must be paid, subject to further order of the Commission, the
following amount of severance pay in respect of a continuous period of service:
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Period of
continuous service
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Under 45 years of age
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Over 45 years of age
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Less than 1 year
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Nil
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Nil
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1 year and more but less than 2 years
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4 weeks’ pay
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5 weeks’ pay
|
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2 years and more but less than 3 years
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7 weeks’ pay
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8.75 weeks’ pay
|
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3 years and more but less than 4 years
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10 weeks’ pay
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12.5 weeks’ pay
|
|
4 years and more but less than 5 years
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12 weeks’ pay
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15 weeks’ pay
|
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5 years and more but less than 6 years
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14 weeks’ pay
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17.5 weeks’ pay
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6 years and more
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16 weeks pay
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20 weeks’ pay
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13.2.2 Week’s
pay means the ordinary time rate of pay for the Employees concerned.
13.2.3 Provided
that the severance payments shall not exceed 26 weeks.
13.3 Employee leaving
during notice period
An Employee whose employment is terminated by reason of
redundancy may terminate his/her employment during the period of notice and, if
so, will be entitled to the same benefits and payments under this clause had
they remained with the Employer until the expiry of such notice. However, in
this circumstance the Employee will not be entitled to payment in lieu of
notice.
13.4 Alternative
employment
An Employer, in a particular redundancy case, may avoid
making any severance payment if the Employer obtains suitable alternative
employment for an Employee.
In particular, where as a result of restructuring a
position is created which did not have an equivalent in the old structure, or
it is so different that it is clearly a new position, and Employer may choose
to maintain that Employee’s salary for a period of 12 months. After that time,
the salary will be set at the level of the position.
13.5 Time off during
notice period
13.5.1 During
the period of notice of termination given by the Employer and the Employee
shall be allowed up to one day’s time off without loss of pay during each week
of notice for the purpose of seeking other employment.
13.5.2 If
the Employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the Employee shall, at the
request of the Employer, be required to produce proof of attendance at an
interview or he or she shall not receive payment of the time absent. For this
purpose a statutory declaration will be sufficient.
13.6 Employees
exempted
13.6.1 This
clause shall not apply where employment is terminated as a consequence of
conduct that justifies instant dismissal including inefficiency during a
probationary period, neglect of duty or misconduct. This clause shall not apply
to casual Employees or Employees engaged for a specific period of time or for a
specific task or tasks.
14. Termination of
Employment
14.1 Notice of
termination by Employer
14.1.1 In order
to terminate the employment of a full-time or part-time Employee the Employer
shall be required to give the period of notice specified in the table below:
|
Period
of continuous service
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Period
of Notice
|
|
1 year or less
|
1
week’s pay
|
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Over 1 year and up to the
completion of 3 years
|
2
week’s pay
|
|
Over 3 years and up to the
completion of 5 years
|
3
week’s pay
|
|
Over 5 years of completed
service
|
4
week’s pay
|
14.1.2 In addition
to this notice, Employees over 45 years of age at the time of the time giving
of the notice with not less than two years continuous service, are entitled to
an additional week’s notice.
14.1.3 Payment
in lieu of the notice will be made if the appropriate notice period is not
required to be worked. Employment may be terminated by the Employee working
part of the required period of notice and by the Employer making payment for
the remainder of the period of notice.
14.1.4 In
calculating any payment in lieu of notice, the wages an Employee would have
received in respect of the ordinary time they would have worked during the
period of notice had their employment not been terminated will be used.
14.1.5 The
period of notice in this clause, shall not apply in the case of dismissal for
conduct that justifies instant dismissal including inefficiency during the
probationary period neglect of duty or misconduct. The period of notice in this
clause shall not apply to casual Employees or Employees engaged for a specific
period of time or for a specific task or tasks.
14.2 Notice of
termination by an Employee
14.2.1 The
notice of termination required to be given by an Employee is the same as that
required of an Employer, save and except that there is no requirement on the
Employee to give additional notice based on the age of the Employee concerned.
14.2.2 If
an Employee fails to give notice the Employer has the right to withhold monies due
to the Employee to a maximum amount equal to the ordinary time rate of pay for
the period of notice.
14.3 Time off during
notice period
Where an Employer has given notice of termination to an
Employee, an Employee shall be allowed up to one day’s time off without loss of
pay for the purpose of seeking other employment. The time off shall be taken at
times that are convenient to the Employee after consultation with the Employer.
15. Superannuation
15.1 Unless
otherwise agreed only the following Superannuation Schemes shall be recognised
and utilised for Employer contributions and shall, subject to individual fund
eligibility rules, be available to the Employees.
(i) First State
Super (FSS) - NSW
(ii) State
Authorities Superannuation Scheme (SASS) - NSW
(iii) State
Superannuation Scheme (SSS) - NSW
16 Annual Leave
16.1 How Long is
Annual Leave?
An Employee is entitled to annual leave in accordance
with the Annual Holiday Act 1940.
16.2 When to take
annual leave?
An Employee may take annual leave at a time agreed with
the Employer within twelve months of accrual, unless alternative arrangements
are agreed.
16.3 How much
notice?
The Employer and Employee shall seek to reach agreement
on the taking of annual leave at a mutually convenient time. In the absence of
agreement the Employer may give at least fourteen days notice of the
commencement of leave or part of leave which is due to the Employee.
16.4 Payment instead
of leave
An Employee must take annual leave. However, if the
Employee leaves or is dismissed, the Employer must pay the Employee any leave
entitlement including a proportionate amount for each full month worked since
the Employee began working or last qualified for leave.
16.5 Public holidays
falling within annual leave
16.5.1 If a
public holiday falls within an Employee’s annual leave, is prescribed in the
award, and is on a day which would have been an ordinary working day, then:
extra time equivalent to the public holiday is added to
the Employees annual leave; or
the Employee can choose to be paid for the public
holiday instead of having the extra time.
16.5.2 The
Employee won’t receive any pay for the public holiday unless:
the Employee starts work at the next rostered starting
time on the first working day after his or her annual leave ends; or
the Employee has a reasonable cause for starting late.
17 Personal Leave
17.1 Amount of paid
personal leave
17.1.1 Paid
personal leave is available to an Employee when he or she is absent due to:
personal illness or injury (sick leave); or
for the purposes of caring for an immediate family or
household member that is sick and requires the Employee’s care and support
(carer’s leave); or
because of bereavement on the death of an immediate
family or household member (bereavement leave).
17.1.2 The
minimum amount of personal leave to which an Employee is entitled is a minimum
of thirty-five (35) hours on full pay for each year of service.
17.2 Immediate
family or household
17.2.1 The
entitlement to carer’s or bereavement leave is subject to the person in respect
of whom the leave is taken being either:
(a) a
member of the Employee’s immediate family; or
(b) a
member of the Employee’s household.
17.2.2 The
term immediate family includes:
(a) spouse (including a former spouse, a de
facto spouse and a former de facto spouse) of the Employee. A de facto spouse
means a person of the opposite sex to the Employee who lives with the Employee
as his or her husband or wife on a bona fide domestic basis; and
(b) child or an adult child (including an
adopted child, a step child or an ex-nuptial child), parent, grandparent,
grandchild or sibling of the Employee or spouse of the Employee.
17.3 Sick Leave
17.3.1 Definition
Sick leave is leave to which an Employee other than a
casual is entitled without loss of pay because of his or her personal illness
or injury to a minimum of thirty-five (35) hours and to a maximum of forty (40)
hours per year of service cumulative on a three year to date basis.
17.3.2 Employee
must give notice
(a) Subject to 17.3.2(c), before taking sick
leave, an Employee must give at least two hours’ notice before his or her next
rostered starting time.
(b) The
notice must include:
the nature of the injury or illness (if known); and
how long the Employee expects to be away from work.
(c) If it is not practicable for the
Employee to give prior notice of absence, the Employee must notify the Employer
by telephone at the first opportunity.
17.3.3 Evidence
supporting claim
The Employee must, if required by the Employer,
establish by production of evidence satisfactory to the Employer that the
Employee was unable to work because of injury or personal illness.
17.3.4 The
effect of workers’ compensation
If an Employee is receiving workers’ compensation
payments, he or she is not entitled to sick leave.
17.4 Bereavement
leave
17.4.1 Paid
leave entitlement
An Employee other than a casual Employee is entitled to
use a minimum of fourteen (14) hours to a maximum of sixteen (16) hours
personal leave as bereavement leave on any occasion on which a member of the
Employee’s immediate family or household dies.
17.4.2 Unpaid
leave entitlement
Where an Employee has exhausted all personal leave
entitlements, including accumulated entitlements, he or she is entitled to use
a minimum of fourteen (14) hours to a maximum of sixteen (16) hours unpaid
bereavement leave.
17.4.3 Evidence
supporting claim
The Employer may require the Employee to provide
satisfactory evidence of the death of the member of the Employee’s immediate
family or household.
17.5 Carer’s leave
17.5.1 Use
of Sick Leave
(a) An Employee,
other than a casual Employee, with responsibilities in relation to a class of
person set out in (c)(2) 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 17.3 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:
(1) the Employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(i) a spouse of
the Employee; or
(ii) 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
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the Employee or spouse or de facto spouse
of the Employee; or
(iv) a same sex
partner who lives with the Employee as the de facto partner of that Employee on
a bona fide domestic basis; or
(v) a relative of
the Employee who is a member of the same household, where for the purposes of
this paragraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "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.
17.5.2 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 class of person set out in (c)(2) above who is ill.
17.6 Leave Without
Pay
17.6.1 Good
and sufficient reason for the leave must be shown and the Head of the Branch
must be satisfied that the Employee intends to resume duty with the Employer on
the expiration of his/her leave.
17.6.2 In
the case of superannuated contributions, periods of leave without pay in excess
of six months may only be granted if satisfactory arrangements are made for the
office to pay his/her own superannuation contributions as well as the
Employer’s liability, for the whole period of leave without pay.
17.6.3 The
Employee may not accept private employment during leave without pay, without
approval of the Employer.
17.6.4 Any
periods of leave without pay taken by an Employee shall not count as service
for long service leave purposes.
17.6.5 "Recreation
Leave and sick leave will not accrue during period of Leave Without Pay".
17.6.6 Leave
Without Pay in excess of five working days will not count as service for
incremental purposes.
17.6.7 Where
an Employee has been granted leave of absence without pay, for purposes other
than his/her inability to attend for duty through sickness or ill-health, any
holiday occurring during the first two weeks of such absence shall be paid,
provided that where the number of periods of such absence exceeds one in any
twelve months, payment shall only be made in respect of the first of such
period.
17.6.8 Leave
without pay is to be granted on the understanding that the right of the
Employer to abolish any position on the grounds of redundancy and to terminate
the services of the employee should the circumstances so require during such
absence, will not be affected by the granting of leave.
18. Parental Leave
18.1 See the
provisions of the Industrial Relations Act 1996.
18.2 Maternity Leave
18.2.1 Female
Employees who have completed at least forty weeks continuous service with an
Employer, shall be granted paid Maternity Leave on full pay for 315 hours (Day
Workers) and 342 hours (Shift Workers) from the date the Maternity Leave
commences. Maternity Leave may commence up to 9 weeks prior to the expected
date of birth, as indicated on the medical certificate furnished by the
Employee with the application for Maternity Leave.
19. Jury
19.1 An Employee
other than a casual Employee required to attend for jury service during their
ordinary working hours will be reimbursed by the Employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of the ordinary wage they would have received
Monday to Friday in respect to attendance for jury service.
19.2 An Employee
shall notify the Employer as soon as possible for the date upon which they are
required to attend for jury service.
19.3 Further, the
Employee shall give the Employer proof of attendance, the duration of such
attendance and the amount paid in respect of such jury service.
20. Public Holidays
20.1 Employees shall
be entitled to the following holidays without loss of pay:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen’s Birthday
Newcastle Show Day
National Aboriginal Day (for declared Aboriginal
Employees)
Labour Day
Christmas Day
Boxing Day
Any additional Public Holiday day - at the discretion of the
Employer to nominate or substitute a different day
Or such other day as is generally observed in the locality
as a substitute for any of the said days respectively:
21. Long Service
Leave
21.1 An Employee is
entitled to long service leave in accordance with the Long Service Leave Act
1955 (NSW) except where elsewhere provided in a certified agreement between the
parties of this Award.
22. Enterprise
Flexibility Agreement
22.1 In this clause
a "relevant union" means an organisation of Employees that:
is party to this award; and
has one or more members employed by the Employer to
perform work in the relevant enterprise or workplace.
22.2 At each
enterprise or workplace, consultative mechanisms and procedures will be
established comprising representatives of the Employer and Employees. Each
relevant union will be entitled to be represented.
22.3 The particular
consultative mechanisms and procedures will be appropriate to the size,
structure and needs of the enterprise or workplace.
22.4 The purpose of
the consultative mechanisms and procedures is to facilitate the efficient
operation of the enterprise or workplace according to its particular needs.
22.5 Where agreement
is reached at an enterprise or workplace through such consultative mechanisms
and procedures, and where giving effect to such agreement requires this award,
as it applies at the enterprise or workplace, to be varied, an application to
vary will be made to the Commission. The agreement will be made available in
writing, to all Employees at the enterprise or workplace and to the unions,
party to this award.
23. Relieving
23.1 Any Employees
who are required to relieve in a higher classification after one week or more
shall be paid an allowance equal to the difference between their salary and the
salary of the higher classification for the whole period.
23.2 Any Employee
relieving in a lower classification shall not suffer any reduction in salary or
wage.
24. Wage Rates
The rates of pay contained in Part B of this Award include the
adjustments payable under the State Wages Cases of 2001, 2002 and 2003. These
adjustments may be offset against:
Any equivalent overaward payments , and/or
Award wage increases since 29 May 1991 other than safety
net, State Wage Case, and minimum rates adjustments.