RUBBER WORKERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1796 of 2004)
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Before The Honourable Mr
Deputy President Harrison
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6 December 2004
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REVIEWED AWARD
1. Delete the
arrangement of the award published 13 July 2001 (326 I.G. 99) and insert in
lieu thereof the following:
Arrangement
Clause No. Subject
Matter
1. Title
2. Definitions
3. Interpretation
4. Contract
of Employment
5. Stand
Down Provisions
6. Part-time
Employment
7. Grievance
and Disputes Procedure
8. Wages
9. State
Wage Case Adjustments
10. Delineation
of Warehousing and Manufacturing/
Production Streams
11. Superannuation
12. Training
13. Junior
Rates
14. Special
Rates
15. First-Aid
Attendant
16. Shift
Rates
17. Mixed
Functions
18. Hours of
Duty
19. Maximum
Number of Hours
20. Rest Time
21. Washing
Time
22. Travelling
Time Allowance and Board
23. Motor
Vehicle Allowance
24. Overtime
25. Meals
26. Holiday
and Sunday Work
27. Sick Leave
28. Personal/Carer's
Leave
29. Bereavement
Leave
30. Blood
Donors
31. Jury
Service
32. Accident
Pay
33. Annual
Leave
34. Long
Service Leave
35. Parental
Leave
36. Payment of
Wages
36A. Deduction
and Remittance of Union Membership Fees
37. Record of
Time Book
38. Junior
Workers
39. Tools of
Trade
40. Protective
Clothing
41. Union
Business
42. Union
Officials
43. Shop
Stewards
44. Notice
Boards
45. Waterproof
Garments
46. Redundancy
47. Enterprise
Agreement
48. Structural
Efficiency
49. Anti-Discrimination
50. Area,
Incidence and Duration
Appendix A - Wage Rates (Adults)
Appendix B -
Allowances/Special Rates
2. Delete the
reference to a Board of Reference in paragraph (g)(ii) of clause 4, Contract of
Employment, and insert in lieu thereof the following:
the Industrial Relations Commission of New South Wales
3. Delete the
title of clause 9, Arbitrated Safety Net Adjustments, and insert in lieu
thereof the following:
9. State Wage Case Adjustments
4. Delete
subclause (i) of clause 10, Delineation of Warehousing and Manufacturing
/Production Streams, and insert in lieu thereof the following:
(i) An employee
shall fall within either the warehousing or manufacturing/production stream by reference
to the principal nature of the function performed. An employee principally performing stores-related duties in or
incidental to manufacturing/production shall fall within the
manufacturing/production stream. An
employee principally performing stores-related duties in or incidental to a
warehouse shall fall within the warehousing stream.
5. Delete the
word "programme" wherever it appears in clause 12, Training, and
insert in lieu thereof the following:
program
6. Delete the
word "its" in paragraph (d)(i) of the said clause 12 and insert in
lieu thereof the following:
it
7. Delete
paragraph (d)(ii) of the said clause 12 and insert in lieu thereof the
following:
(ii) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(including those textbooks which are available in the employer's technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such expenditure;
provided that reimbursement shall also be on an annual basis subject to the
presentation of reports of satisfactory progress.
8. Delete the
reference to the Rubber, Plastic and Cable Making Industry (General) Award 1996
in subclause (e) of the said clause 12 and insert in lieu thereof the
following:
Rubber, Plastic and Cable Making Industry (General)
Award 1998
9. Delete the
first reference to Item 8 in subclause (e) of clause 14, Special Rates, and
insert in lieu thereof the following:
Item 7
10. Delete the
content of subclause (c) of clause 15, First-Aid Attendant, and insert in lieu
thereof the following:
(c) An employer
shall be bound by the requirements of New South Wales legislation concerning
the provisions of a first-aid kit and such legislation shall be deemed to be
part of this award for the purposes of this clause.
11. Delete
paragraph (e)(iii) of clause 16, Shift Rates, and insert in lieu thereof the
following:
(iii) on a night
shift which does not rotate or alternate with another shift or with day work so
as to give him/her at least one-third of his/her time off night shift in each
three shift cycle,
shall, during such engagement period or cycle, be paid
at the rate of 30 per cent additional to his/her ordinary rate for all time
worked during ordinary working hours.
12. Delete the
reference to subclause (c) in clause 21, Washing Time, and insert in lieu
thereof the following:
subclause (b)
13. Delete the
reference to the Eight Hour Day in subclause (a) of clause 26, Holiday and
Sunday Work, and insert in lieu thereof the following:
Labour Day
14. Delete the
reference to subclause (h) in subclause (b) of the said clause 26 and insert in
lieu thereof the following:
subclause (i)
15. Delete the
words "through no fault of the employer" in the first paragraph of
subclause (1) of clause 33, Annual Leave, and insert in lieu thereof the
following:
through no fault of the employee
16. Delete
subclause (f) of clause 36, Payment of Wages, and insert in lieu thereof the
following:
(f) Transitional
Period
(1) Absences from
Duty
(i) An employee
whose ordinary hours are arranged in accordance with clause 18, Hours of Duty,
and is absent from duty (other than on annual leave, long service leave, public
holidays, paid sick leave, workers' compensation, bereavement leave, or jury
service) shall, for each day he/she is so absent, lose average pay for that day
calculated by dividing his/her average weekly wage rate by 5.
An employee who is so absent from duty for part of a
day shall lose average pay for each hour he/she is absent by dividing his/her
average daily pay rate by 8.
(ii) Provided
that, when such an employee is absent from duty for a whole day, he/she will
not accrue a "credit" because he/she would not have worked ordinary
hours that day in excess of 7 hours 36 minutes for which he/she would otherwise
have been paid. Consequently, during
the week of the work cycle he/she is to work less than 38 ordinary hours,
he/she will not be entitled to average for that week. In that week, the average pay will be reduced by the amount of
the "credit" he/she does not accrue for each whole day during the
work cycle he/she is absent.
The amount by which an employee's average weekly pay
will be reduced when he/she is absent from duty (other than on annual leave,
long service leave, public holidays, paid sick leave, workers' compensation,
bereavement leave or jury service) is to be calculated as follows:
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Total of "credits" not accrued during cycle
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x
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average weekly pay
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38
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Examples:
(An employee's ordinary hours are arranged so that
he/she works 8 ordinary hours on 5 days of each week or 3 weeks and 8 ordinary
hours on four days of the fourth week.)
1. Employee
takes one day off without authorisation in 1st week of cycle -
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Week of Cycle
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Payment
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1st week
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|
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2nd and 3rd weeks
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= average weekly pay each week
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4th week
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= average weekly pay less credit not accrued on
day of
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|
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absence
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= average pay
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less 0.4 hours x average
weekly pay
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38
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2. Employee
takes each of the 4 days off without authorisation in 4th week of cycle -
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Week of Cycle
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Payment
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1st, 2nd and 3rd weeks
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|
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4th week
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= average pay less 4/5ths of average pay for the
four
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days absent
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less total of credits
not accrued that week
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= 1/5th average pay
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less 4 x 0.4 hours x average
weekly pay
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38
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= 1/5th average weekly pay
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less 1.6 hours x average
weekly pay
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38
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(2) Alternative
Methods of Payment
(i) Provided
that, in the case of an employee who prior to 15 December 1982 was working less
than ordinary hours each week and who was paid by a different method from that
provided for in subclauses (b) and (c) of this clause, such method may be
continued.
(ii) Provided
further that, where the employer and the majority of employees concerned agree,
an alternative method of paying wages to that provided in subclauses (b) and
(c) of this clause may be introduced.
(3) Calculation of
Hourly Rate
Except as provided in clause 7, Part-time Employment, of
this award and in paragraph (1) of this subclause, hourly rates shall be
calculated by dividing the appropriate weekly rate by 38.
17. Delete
subclause (b) of clause 40, Protective Clothing, and insert in lieu thereof the
following
(b) Persons engaged
on carbon black operations who are entitled to the special rate prescribed by
subclause (b) of clause 14, Special Rates, shall be supplied with two sets of
overalls per year. Provided that an
employer in lieu of providing overalls may pay an overalls allowance as set out
at Item 13 of Appendix B to this award for each day in respect of which the
employee is entitled to the special rate.
18. Delete the
references to the Department of Social Security wherever they appear in
paragraph (iv)(f) of clause 46, Redundancy, and insert in lieu thereof the
following:
Centrelink
19. Delete clause
47, Enterprise Agreements, and insert in lieu thereof the following:
47. Enterprise
Agreements
Refer to the Enterprise Arrangements Principle of the Wage
Fixing Principles of the State Wage Case.
20. Delete
subclause (d) of clause 50, Area, Incidence and Duration, and replace with the
following:
(d) 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 6 December 2004.
21. Delete
Schedules A and B.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.