NUGAN QUALITY FOODS PTY LTD EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1667 of 2004)
|
Before Mr Deputy President
Sams
|
1 July 2004
|
REVIEWED AWARD
1. Delete clause
1, Arrangement, the award published 22 June 2001 (325 I.G. 701), and insert in
lieu thereof the following:
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Anti-Discrimination
and Harassment
3. Rates of
Pay
4. Seasonal
Casual Employment
5. Casual
and Seasonal Employment Generally
6. Hours
7. Overtime
8. Holidays
9. Annual
Leave
10. Long
Service Leave
11. Sick Leave
12. Personal/Carer’s
Leave
13. Bereavement
Leave
14. Terms of
Employment
15. Redundancy
16. Payment of
Wages
17. Meal
Allowance
18. Morning
and Afternoon Tea
19. Dining/Rest
Rooms and Lockers
20. First-aid
service
21. Protective
Clothing
22. General
Conditions
23. Time Books
and Inspection
24. Job Representatives
25. Mixed
Functions
26. Dispute
Settling Procedure
27. Superannuation
28. Skills
29. Consultation
30. Flexibility
31. Recognised
Industrial Organisation of Employees
32. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Total Wage
Rates
Table 2 - Other Rates
and Allowances
2. Delete
paragraph (b), of subclause (5), of clause 2, Anti-Discrimination, and insert
in lieu thereof the following:
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides :
“Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
3. Delete clause
5, Casual and Seasonal Employment Generally, and insert in lieu thereof the
following:
5. Casual and
Seasonal Employment Generally
The provisions of the following clauses in this award
shall not apply to casual employees or seasonal casual employees: Clauses 8,
Holidays, 11, Sick Leave, 12, Personal/Carer’s Leave, 13, Bereavement
Leave, and clause 15, Redundancy.
4. Delete the
word "company" wherever appearing in the award, and insert in lieu
thereof the following:
Company
5. Delete
subparagraphs (a) and (b), of subclause (1), of clause 6, Hours, and insert in
lieu thereof the following:
(i) An employee
shall accrue one rostered day off per month.
(ii) The Nugan
Quality Foods Pty Ltd shall have the right to nominate when an employee shall take
a rostered day off. Nugan Quality Foods Pty Ltd can exercise this right on
seven occasions during each calendar year. Nugan Quality Foods Pty Ltd must
provide an employee with at least twelve hours notice of any requirement to
take a rostered day off. An employee shall have the right to take the remainder
of his or her rostered days off at a time of his or her choosing, provided that
the date chosen by the employee is suitable to Nugan Quality Foods Pty Ltd.
This may include an employee accruing rostered days off for the purposes of
taking them in a block either before or after a period of annual leave. The
number of rostered days off accrued by an employees at any one time shall not
exceed five.
6. Delete the
words "Structural Efficiency" wherever appearing in clause 6, Hours,
and insert in lieu thereof the following:
Consultation
7. Delete
paragraph (b), of subclause (12), of clause 7, Overtime, and insert in lieu
thereof the following:
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
8. Delete
subparagraph (1), of paragraph (c), of subclause (12), of clause 7, Overtime,
and insert in lieu thereof the following:
(1) any risk to
employee health and safety;
9. Delete
paragraphs (a), (c) and (d) of subclause (4), of clause 12, Personal/Carer’s
Leave, and insert in lieu thereof the following:
(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.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, 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 (a) of this subclause, the
employee shall be paid overtime rates in accordance with the award.
10. Delete
subclause (2), of clause 13, Bereavement Leave, and insert in lieu thereof the
following:
(2) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will if required by the employer provide to the
satisfaction of the employer proof of death.
11. Delete the
word "Application" appearing in the first subclause of clause 15,
Redundancy, and insert in lieu thereof the following:
(1) Application
12. Delete the
number "(1)" appearing in subparagraph (ii), of paragraph (b), of
subclause (2), of clause 15, Redundancy, and insert in lieu thereof the
following:
(a)
13. Delete the
words "(a) of this paragraph" appearing in subparagraph (ii), of
paragraph (c), of subclause (2), of clause 15, Redundancy, and insert in lieu
thereof the following:
(i) of this paragraph (c)
14. Delete
paragraph (a), of subclause (3), of clause 15, Redundancy, and insert in lieu
thereof the following:
(a) Notice for
changes in production, programme, organisation or structure - This paragraph
sets out the notice provisions to be applied to terminations by the company for
reasons arising from production, programme, organisation or structure, in
accordance with paragraph (a) of subclause (2) of this clause.
15. Delete the
number "(1)" appearing in paragraph (h), of subclause (3), of clause
15, Redundancy, and insert in lieu thereof the following:
(2)
16. Renumber
paragraph (1), of subclause (4), of clause 15, Redundancy, to read as (a).
17. Delete the
word "weeks" appearing in subparagraphs (i) and (ii), of paragraph
(a), of subclause (4), of clause 15, Redundancy, and insert in lieu thereof the
following:
weeks' pay
18. Delete the
word "Week's" appearing in subparagraph (iii), of paragraph (a), of subclause
(4), of clause 15, Redundancy, and insert in lieu thereof the following:
weeks
19. Delete clause
23, Time Books and Inspection, and insert in lieu thereof the following:
23. Time Books and
Inspection
See Part 7 of Chapter 5 of the Industrial Relations Act 1996.
20. Delete
subclause (3), of clause 28 Skills, and insert in lieu thereof the following:
(3) Any direction
issued by an employer pursuant to subclauses (1) and (2) of this clause shall
be consistent with the responsibility to provide a safe and healthy working
environment.
21. Delete
subclauses (2) and (3), of clause 29, Consultation, and insert in lieu thereof
the following:
(2) The employer,
the employees and The Australian Workers' Union, shall establish a consultative
mechanism and procedures appropriate to the size, structure and needs of the
operation to achieve the aims outlined in subclause (1) of this clause.
(3) Any disputes
arising in relation to the implementation of subclause (2) of this clause shall
be subject to the provisions of clause 26, Dispute Settling Procedure.
22. 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 Awards made by the Industrial Relations Commission of NSW on 28 April
1999 (310 I.G. 359) and take effect on 1 July 2004
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.