PRINTING INDUSTRIES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4543 of 2004)
|
Before Mr Deputy
President Grayson
|
9 November 2004
|
REVIEWED AWARD
1. Delete the Arrangement
of the award published 9 November 2001 (329 I.G. 391) and insert in lieu
thereof the following:
PART A
Clause No Subject Matter
1. Definitions
2. Anti-Discrimination
3. Contract
of Employment
4. Termination
of Employment
5. Trade Union
Training Leave
6. Redundancy
7. Rationing
of Work Prohibited
8. Casual
Employees
9. Part-time
Workers
10. Payment of
Wages and Pay Day
11. Hours of
Work
12. Shift Work
13. Overtime
14. Stand By
For Work
15. Call Back
16. Employee
Missing Usual Conveyance
17. Meal
Period
18. Holidays
and Leave
19. Annual
Leave
20. Sick Leave
21. Personal
Carer's Leave
22. Bereavement
Leave
23. Parental
Leave
24. Long
Service Leave
25. Jury
Service
26. Accident
Pay
27. Proof
Reading
28. Gluing
Machines
29. Restrictions
on Taking Work Off Employer's Premises
30. Letting
and Hiring of Premises or Plant
31. Letterpress
and Lithographic Printing Conditions
32. Piece Work
33. Mixed
Functions
34. Limitation
of Employment of Juniors
35. Health
Notices and Provisions
36. Protective
Clothing and Changing Rooms
37. Employer
to Provide Facilities
38. First Aid
39. Guillotine
Machine Work
40. Bronzing
or Dusting Off
41. Right of
Entry
42. Union
Delegate
43. Posting of
Union Notices
44. Production
45. Exemption
46. Superannuation
47. Training
Wage
48. Dispute
Settlement Procedure
49. Area,
Incidence and Duration
Schedule A - Machine
Composition
Schedule B - vacant
Schedule C -
Guidelines Maximum Plant
Capacity
Utilisation/Continuous Machine Operation
Appendix A - Industries
and Callings
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates
and Allowances
2. Delete clause
1, Definitions, and insert in lieu thereof the following:
1. Definitions
(a) "Art
and/or designing" (including commercial art) howsoever described:
(i) shall,
subject to paragraph (ii) of this definition, mean and refer to the work of an
employee employed in or in connection with design, sketching, drawing, tracing,
aero graphing, keying, colouring, photographs, retouching of bromides,
reproducing, writing (including ticket writing), lettering, illustrating,
commercial art, or in copying art work or layouts, or in any way preparing art
work or layouts for use or prospective use within the industry covered by this
award; but
(ii) shall not
refer to the work of an employee employed in or in connection with any work on
photographic negatives or positives (but not including bromides).
(b) "Compositor"
shall mean and refer to a tradesperson who performs the general trade skills of
composition.
(c) "Corrugated
and Solid Fibreboard Containers"
(i) The
provisions of this subclause apply only to the classifications set out in Part
3 of Schedule D of this award. Those
classifications relate to the machinery and equipment described in the Corrugated
Box Manufacturers Handbook, Third Edition, published by the S and S Corrugated
Paper Machinery Company Inc. New York in November 1965, together with all other
machinery, equipment and processes operating in the Corrugated and Solid
Fibreboard Container Section of the Industry as at 1 July 1978.
(ii)
(1) A dispatcher
is an employee in a finished goods despatch area whose duties include (but not
being the labouring aspects only of such functions) receiving finished goods; assembling
or collecting goods in store to satisfy orders, requisitions or schedules;
checking goods before despatch for quantity, type or size; handing over goods
to the person authorised to receive such goods. In addition, the employee may be required to keep appropriate
records. There shall be at least one
employee in each finished goods despatch area who is classified as a
dispatcher.
(2) Any dispute as
to whether an employee should be classified as a dispatcher shall be referred
to the Industrial Committee.
(iii) "Forklift
and/or grab truck and/or similar powered vehicles" shall exclude any
vehicle where the operator is not required to ride on the vehicle in order to
operate it.
(iv)
(1) "Machinist"
means, without limiting the generality of that term, the person who, under the
direction of the employer, is in charge of and responsible for the safety of
those under the employee's control, the efficient operation, care and
cleanliness of the equipment and its immediately surrounding areas, the behaviour
of the crew (if any) and the setting up, maintenance of quality and output of
the machine in accordance with the standards set by the employer.
(2) "Assistant
machinist" means the person (who is second in charge of the machine)
appointed by the employer to assist the machinist in the performance of any of
the duties of the machinist as defined but who is not responsible for taking
charge of the machine, unless so directed by the employer.
(3) "Any
other employer on that machine" means an employee other than the machinist
or assistant machinist who is assigned to the machine by the employer to
perform work at the direction of the machinist.
(v) "Printing
attachment" shall mean a simple printing device incapable of printing on
its own but which, when attached to another machine, can perform a limited
printing function.
(vi) "Printer-slotter"
means a machine used for printing, slotting, scoring and/or slitting and
includes printing machines (not being printing attachments) such as long way
through printers and solid fibreboard box makers such as the Swift or the
Thrissel. A printer-slotter may have
attachments for limited die cutting operations, for example, hand holes and
ventilation holes.
(vii) "Single
facer machinist" means the person in charge of a single facer either
operating in line with a double backer or as a separate unit, making single
faced board.
(viii) "Storeperson"
is an employee in a store whose duties include receiving and/or storing away
and/or issuing goods and materials used in connection with the manufacture of
corrugated and/or solid fibreboard and/or goods made therefrom, not being the
labouring aspects only of such functions; in addition, they may be required to
keep appropriate records. There shall
be at least one employee in each store who is classified as a storeperson.
(d) "Day's
work" shall mean work performed between the usual hours of commencing and
finishing work on any day work, or shift work.
(e) "Embossing"
shall mean and include the making of an impression or impressions upon any
surface by the use of male and female dies, whether or not ink, foil (whether
of metal or otherwise), or any other colouring medium is being or has been
applied to the surface upon which the impression is being or has been made.
(f) "Flexible
Packaging Printing"
(i) "Flexible
packaging printing" shall mean and refer to the printing of flexible
packaging materials using the flexographic and/or gravure printing process and
may include the moulding and mounting of printing plates for flexible packaging
printing.
(ii) "Flexible
packaging materials" shall mean and refer to packaging materials made of
paper, paperboard, film (cellulose and the like), plastics, foil and similar
materials and combinations thereof being sufficiently flexible for reel feeding
through printing, forming or converting machinery.
(iii) "Flexographic
printing" shall mean and refer to a method of rotary letterpress printing
for flexible packaging which employs rubber or other types of flexible plates
and rapid drying fluid inks.
(iv) "Gravure
printing" shall mean and refer to a process of printing, for flexible
packaging, from a recessed surface, the opposite of letterpress printing, in
that the design areas are recessed into the place instead of being in relief.
(v) "Printing
machinist (flexible packaging printing)" shall mean and refer to a person
required to exercise general trade skills and who is engaged in the printing of
flexible packaging materials using the flexographic and/or gravure printing
process but shall not refer to a person covered by any classification described
in Table 1 - Wage Rates, of Part B,
Monetary Rates.
(g) Graphic
Reproduction
(i) "Cylinder
preparer" shall mean and refer to a person employed as a cylinder preparer
in any or all of the following group of operations: depositing, grinding,
coating, carbon printing, etching and proofing.
(ii) "Dot
etching and retouching" shall mean and refer to the following group of
operations or any of them: aerographing, tracing, stripping, opaquing, staging,
dot reducing, retouching, colour correcting negatives and/or positives, and all
things incidental thereto.
(iii) "Image
preparer" shall mean and refer to a person employed as an image preparer
in any or all of the following group of operations: graphic camera operating,
transparency duplication, scanner copy preparation, electronic scanning,
masking, step and repeat, dot etching, retouching, planning and proofing.
(iv) "Lithography
and lithographic", without limiting the meaning of such words, shall mean
and refer to the lithographic processes known as photo-lithography,
photo-lithographic, lithographic, offset, photo offset, offset, lithography,
offset printing, metalithography, metalography, planeography,
chromolithography, and dry lithography.
(v) "Plate
preparer" shall mean and refer to a person employed as a plate preparer in
any or all of the following group of operations: photo imposing, platemaking,
planning, stripping, opaquing, step and repeat, plate etching, finishing,
proofing, photopolymer plate production, laser platemaking techniques and
duplicate plate production.
(h) "Hourly
rate of time worker's hourly rate" shall mean the weekly wage prescribed
by this award for the work performed divided by the number of hours, which
constitute the employee's ordinary working week. In the event of an employee being employed on shift work, the
penalty payable for work at such hours shall be part of the weekly wage of that
employee.
(i) "Industrial
Committee" means the Printing Industry Compositors, Cardboard Box Makers
(Cumberland and Newcastle) Industrial Committee.
(j) "Non-apprenticed
junior" shall mean and refer to:
(i) An employee
of 18 years of age or over who is employed in a non-apprenticeship occupation specified
in Table 1 - Wage Rates, of Part B, Monetary Rates, and who is receiving the
adult wage for that occupation.
(ii) Any employee
who has completed their apprenticeship but has not attained the age of 21 years
shall be defined as an adult.
(iii) A
non-apprenticed junior who has not attained the age of 21 years who is employed
as a keyboard operator/assembler as specified in the said Table 1 shall be
defined as an adult.
(k) "Non-impact
printing machine" shall mean and refer to:
(i) Non-impact
printing machines used in or in connection with the commercial printing
industry but not including non-impact printing machines used solely for
photocopying or facsimile transmission; and
(ii) Non-impact
printing machines which employ non-impact printing technology in applying
images to paper and/or other surfaces and includes (either singularly or in
combination) but is not limited to: lasography, inkjet and ink bubble, ion
deposition, thermal transfer, xerography, magnetography, cathode ray tube
projection, light emitting diode, liquid crystal display; and
(iii) Non-impact
printing machines called electronic printing machines or laser printing
machines, which use one or more of the above processes. Major manufacturers of this type of
equipment include, but are not limited to Canon, Hewlett Packard, Siemens,
Rank-Zerox and IBM.
(l) "Printing
Machining"
(i)
(1) "Printing
machinist" shall mean and refer to a person employed as a printing
machinist.
(2) A printing
machinist may be employed on machines in either:
(A) letterpress
and/or lithographic printing; or
(B) flexible
packaging (flexographic and/or gravure) printing and/or gravure printing.
(3) A printing
machinist may be transferred from operating letterpress and/or lithographic printing
machines to operating flexible packaging printing (flexographic and/or gravure)
machines and/or gravure printing machines and vice versa.
(ii) "Gravure
printing" shall mean and refer to printing from a recessed surface; the
opposite of letterpress printing, in that the design areas are recessed into
the plate instead of being in relief, and shall include photogravure,
rotogravure, colour-gravure and gravure printing however designated.
(iii) "Letterpress
printing" shall mean and refer to printing by direct or offset printing
processes from electrotypes, stereotypes-engraved blocks, type, or any other
form of printing from a relief surface, and shall include printing by
multigraph, writer press, roneotype, or similar machines printing from type, stereos,
electros, zincos, photo-engraving or the like, but shall not apply to printing
which is done wholly by ribbon process using a stencil of waxed paper or
prepared tissue paper.
(iv) "Lithographic
printing" shall mean and refer to planeographic printing by direct or
offset printing processes from surfaces or stone, rubber, metal, or other
material on paper, tin or other material, and shall include printing by
Multilith, Rotaprint, or any similar type of printing machine, but shall not
apply to printing which is done wholly by ribbon process using a stencil of
waxed paper or prepared tissue paper.
(m) "Packer
and/or dispatchers" shall mean employees engaged in the despatch of goods
and whose duties include (but not being the labouring aspects only of such
functions): receiving goods, assembling, packing or collecting goods to satisfy
orders, requisition of schedules, checking goods before despatch for quantity,
type or size, handing over goods to the person authorised to receive such
goods. In addition, they may be
required to keep appropriate records. A
packer and/or dispatcher shall not include an employee who merely takes off
goods and/or materials from a machine, table or conveyor and/or wraps those
goods and/or places them in containers and/or cartons and/or other receptacles
but does not despatch them. Any dispute
as to whether an employee should be classified as a packer and/or dispatcher
shall be referred to the Industrial Committee for determination.
(n) "Screen
printing" shall mean the process of printing or reproducing through a
metallic mesh screen or a screen made of silk or other material; the
preparation of copy including screen art and/or designing and/or the making
therefore of all classes of stencils.
(o) "Small
Offset Lithographic Printing Machine" shall mean and refer to small offset
lithographic printing machines known by the trade names "A B Dick",
"Gestelith", "Hamada", "MGD 22",
"Multilith", "Romayor" and "Rotaprint" (and any
other similar kind of machine) having a sheet size the longest side of which is
less than 620 millimetres (24.5 inches) with the shortest side not exceeding
450 millimetres (18 inches) and with the printing mechanism driven by a motor
which is specified by the manufacture as not exceeding 1.1 kilowatt power (1.5
horsepower).
Provided that nothing herein shall be construed to
include the printing machines known by the trade name "Davidson
Dualith" or letterpress printing machines of any description.
(n) "Stamping"
shall mean and include the making of an impression or impressions upon any
surface by the use of a blocking die or blocking dies and using ink, foil
(whether of metal or otherwise), or any other colouring medium on the surface
upon which the impression is being or has been made.
(o) "Union"
shall mean and refer to Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union.
(p) "Work
room" shall mean and include every room or place where work in respect of
which a wage is prescribed by this award is usually performed by employees.
3. Delete the
word "hereof" appearing in subclause (e) of clause 4, Termination of
Employment, and subclause (a) of clause 5, Trade Union Training Leave.
4. Delete the
words "by Industrial" appearing in paragraph (f)(iii) of the said
clause 4.
5. Delete subclauses
(a), (b) and (c) of clause 9, Part-time Workers, and insert in lieu thereof the
following:
(a) They shall be
part-time workers employed pursuant to subclause (a) of clause 3, Contract of
Employment, of this award.
(b) Part-time
employees shall be worked on any of the days or all of the days of the week,
Monday to Friday. If a part-time
employee works in excess of their agreed hours, they shall be paid as overtime.
(c) If part-time
workers, they shall be paid for each hour worked at the hourly rate prescribed
by this award for a full-time employee for the class of work performed by
them. No employee is to be paid less
than the minimum weekly wage prescribed by this award as is proportionate to
the time worked by them as specified in this clause.
6. Delete
subclause (a) of clause 10, Payment of Wages and Pay Day, and insert in lieu
thereof the following:
(a) Employees
shall be paid their wages on any weekday in each week and such wages, including
payment for any absences authorised by this award, shall be paid not later than
two clear days after the end of the pay week in respect of which they have
become due; provided that overtime worked within one day of the end of a pay
period may be paid to the employee in the next pay week.
7. Delete the
word "male" appearing in paragraph (a)(iii) of clause 11, Hours of
Work.
8. Delete
subclause (a) of clause 12, Shift Work, and insert in lieu thereof the
following:
(a) Definitions
For the purposes of this clause:
"Afternoon Shift" means any shift finishing
after 6:00 p.m. and at or before midnight;
"Continuous Shift Work" means work carried on
with consecutive shifts of employees throughout the 24 hours of each of not
more than five consecutive days, Monday to Friday, inclusive, without
interruption except during breakdowns or meal breaks or due to unavoidable
causes beyond the control of the employer.
"Morning Shift" means any shift commencing at
or after 5:00 a.m. and prior to 7:00 a.m. but nothing in this definition shall
cause an employee working in accordance with the provisions of paragraph (iii)
of subclause (a) of clause 11, Hours of Work, to be deemed to be working on
morning shift.
"Night Shift" means -
(i) any shift finishing
subsequent to midnight and at or before 6:00 a.m. for non-continuous shift
workers; and
(ii) any shift
finishing subsequent to midnight and at or before 8:00 a.m. for continuous
shift workers.
9. Delete the
word "therefor" appearing in the heading of subclause (b) of clause
13, Overtime.
10. Delete the
words "the said" appearing in paragraph (f) (iii) of the said clause
13.
11. Delete
paragraph (g)(iii) of the said clause 13 and insert in lieu thereof the
following:
(iii) The employer
shall endeavour to pay meal money prior to the commencement of the meal period
in respect of which such money is payable.
12. Delete the
words "Eight Hour (or Labour)" appearing in paragraph (b)(i) of
clause 18, Holidays and Leave, and insert in lieu thereof the following:
Labour
13. Delete the
words "as aforesaid" appearing in subparagraph (b)(i)(3) of the said
clause 18.
14. Renumber
paragraphs (h)(iv) and (h)(v) of the said clause 18 to read as paragraphs
(h)(i) and (h)(ii).
15. Delete
paragraph (a)(iv) of clause 19, Annual Leave, and insert in lieu thereof the
following:
(iv) Where an
employee is a shift worker and would have received a shift allowance as
prescribed by clause 12, Shift Work, had they not been on annual leave during
the relevant period, then that shift allowance shall be added to the rate of
wage prescribed by paragraph (ii) of this subclause in lieu of the 17.5 per
cent loading prescribed by paragraph (iii) of this subclause.
16. Delete the
introductory paragraph of paragraph (a)(xii) of the said clause 19 and insert
in lieu thereof the following:
(xii) Where, as
provided in paragraph (xi) of this subclause, the period of an employee's
annual leave is extended by a holiday or holidays and the employees are absent
from their employment without reasonable excuse or without the consent of the
employer -
17. Delete the
word "his" appearing in paragraph (b)(i) of the said clause 19 and
insert in lieu thereof the following:
the employee's
18. Delete the
word "thereof" appearing in subclause (c) of the said clause 19 and
insert in lieu thereof the following:
of the plant
19. Delete the
word "has" appearing in paragraph (c)(ii) of the said clause 19 and
insert in lieu thereof the following:
have
20. Delete
paragraph (d)(iv) of the said clause 19 and insert in lieu thereof the
following:
(iv) The leave
provided in this clause is in addition to the holidays provided for by clause
18, Holidays and Leave, of this
award.
21. Delete the
word "herein" appearing in subclause (a) of clause 20, Sick Leave,
and insert in lieu thereof the following:
in this clause
22. Delete the
word "hereto" appearing in subclause (c) of the said clause 20 and
insert in lieu thereof the following:
to this clause
23. Delete
subclause (e) of clause 22, Bereavement Leave, and insert in lieu thereof the
following:
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(b), (c), (d) and (e) of clause 21. In
determining such a request, the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
24. Delete the
words "hereunder shall bear the respective definitions set out
herein" appearing in subclause (a) of clause 26, Accident Pay, and insert
in lieu thereof the following:
in this clause shall bear the respective definitions
25. Delete
subparagraph (b)(i)(3) of the said clause 26 and insert in lieu thereof the
following:
(3) the period
specified in subclause (c) of this clause.
26. Delete the
word "tradesman's" appearing in clause 28, Gluing Machines, and
insert in lieu thereof the following:
tradesperson's
27. Delete
paragraph (c)(ii) of clause 32, Piece Work, and insert in lieu thereof the
following:
(ii) Schedule
"A" is incorporated in this award.
28. Delete the
word "prescribed" appearing in subparagraph (d)(ii)(2) of the said
clause 32.
29. Delete the
words "stipulated herein" appearing in subclause (f) of the said clause
32.
30. Delete the
word "herein" appearing in subclause (o) of the said clause 32.
31. Delete the
words "the foregoing paragraph" appearing in paragraph (q)(ii) of the
said clause 32 and insert in lieu thereof the following:
paragraph (i) of this subclause
32. Delete the
reference to paragraph (1) of subclause (c) of clause 1, Definitions, in
paragraph (g)(iii) of clause 34, Limitation of Employment of Juniors, and
insert in lieu thereof the following:
paragraph (a)(1) of clause 1, Definitions
33. Delete
subclause (c) of clause 37, Employer to Provide Facilities, and insert in lieu
thereof the following:
(c) Washing
Facilities
The employer shall provide separate suitable washing
places for male and female employees and shall install a sufficient number of
wash basins or troughs supplied with hot and cold running water.
34. Delete the
words "for females" appearing in paragraph (d)(ii) of the said clause
37.
35. Delete
paragraph (b)(iii) of clause 38, First Aid, and insert in lieu thereof the following:
(iii) A factory
first-aid attendant appointed under this clause shall be paid an amount set in
Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per
week in addition to any other money to which the employee is entitled under
this award.
36. Delete clause
40, Platen Machines Used for Carton Cutting, and renumber the following clauses
accordingly.
37. Delete the
third last paragraph of clause 49, Area, Incidence and Duration, and insert in
lieu thereof the following:
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 9 November 2004.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.