STRAPPERS AND STABLE HANDS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4656 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete clause 1, Arrangement, of the award published 9 November 2001 (329 I.G. 366), and insert in lieu thereof the following:

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Contract of Employment

4.         Rates of Pay

5.         Casual and Part-Time Employees

6.         Junior Employees

7.         Attendance Allowance

8.         Payment of Wages

9.         Hours of Work

10.       Overtime

11.       Labour Flexibility

12.       Consultative Mechanism

13.       Utilisation of Skills

14.       Board and Lodging

15.       Holidays

16.       Annual Leave

17.       Annual Leave Loading

18.       Long Service Leave

19.       Sick Leave

20.       Personal/Carer's Leave

21.       Bereavement Leave

22.       Transport and Allowances

23.       Stand By

24.       First-Aid, Protective Clothing, Etc.

25.       Disputes Procedure

26.       Anti-Discrimination

27.       Jury Service

28.       Traineeships

29.       Redundancy

30.       Parental Leave

31.       Superannuation

32.       Deduction of Union Membership Fees

33.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

Table 3 - Trainee Weekly Rates - Industry/Skill Level A

Table 4 - Trainee Weekly Rates - Industry/Skill Level B

Table 5 - Trainee Weekly Rates - Industry/Skill Level C

Table 6 - School Based Traineeships

 

Appendix A - Industry/Skill Levels

 

2.          Renumber the clauses in the body of the award to reflect the new Arrangement.

 

3.          Delete the words "inefficiency; neglect of duty" appearing in subclause (iv), of clause 3, Contract of Employment, and insert in lieu thereof the following:

 

inefficiency, neglect of duty

 

4.          Delete the words "Item 2 of Table 2" appearing in subclause (ii) of clause 7, Attendance Allowance, and insert in lieu thereof the following:

 

Item 2 of the said Table 2

 

5.          Delete the words "Occupational Health and Safety Act 1983" appearing in subclause (iii), of clause 13, Utilisation Of Skills, and insert in lieu thereof the following:

 

Occupational Health and Safety Act 2000

 

6.          Delete clause 14, Board And Lodging, and insert in lieu thereof the following:

 

14.  Board and Lodging

 

Where board and lodging are provided for permanent employees on or adjacent to the employer's property, such board and lodging shall be of a reasonable standard and the employer may deduct from the employee's earnings an amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for full board and lodging (where a cook is supplied by the employer) and an amount as set out in Item 5 of the said Table 2 for full board and lodging (where no cook is supplied by the employer).

 

7.          Delete the words "Eight-hour Day" appearing in subclause (i), of clause 15, Holidays, and insert in lieu thereof the following:

 

Labour Day

 

8.          Delete subclause (vi) and subclause (v) immediately following, of clause 17, Annual Leave Loading, and insert in lieu thereof the following:

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause, applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance and the entitlement to the holiday arises on or after the date of operation of this award.

 

9.          Delete subclause (i), of clause 19, Sick Leave, and insert in lieu thereof the following:

 

(i)         A weekly employee who, after not less than three months' continuous service in his/her current employment, is unable to attend for duty during the ordinary working hours by reason of personal illness or incapacity (excluding illness or incapacity resulting from injury within the Workers' Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998) shall be entitled to be paid for such non-attendance the amount of his/her ordinary rate of pay which he/she would have earned if he/she had attended for duty, subject to the following conditions:

 

During the first year of service with an employer five days sick leave shall be allowed. Provided that sick leave entitlement shall increase to eight days in the second or subsequent years of service with the employer.

 

10.        Delete the reference of "20, Sick Leave" wherever appearing in the award, and insert in lieu thereof the following:

 

19, Sick Leave

 

11.        Delete the words "subclause 91)" appearing in subclause (iii), of clause 21, Bereavement Leave, and insert in lieu thereof the following:

 

subclause (1)

 

12.        Delete paragraphs (f) and (g), of subclause (iv), of clause 29, Redundancy, and insert in lieu thereof the following:

 

(f)         Notice to Centrelink

 

Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof 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.

 

(g)        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.

 

13.        Delete the third paragraph of clause 33, Area, Incidence and Duration, and insert in lieu thereof the following:

 

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 the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 25 October 2004.

 

14.        Insert after Table 1- Rates of Pay, of Part B , Monetary Rates, the following Table:

 

 

 

 

P. J. SAMS  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.