DRY CLEANING (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4605 of 2004)
Before The Honourable Mr
Deputy President Harrison
|
13 December 2004
|
REVIEWED AWARD
1. Delete clause
2, Arrangement, of the award published 30 November 2001 (329 I.G. 1111), and
insert in lieu thereof the following:
2. Arrangement
This award is arranged as follows:
1. Award
title
2. Arrangement
3. Definitions
4. Index Of
Facilitative Provisions
5. Anti-Discrimination
6. Enterprise
Flexibility Provision
7. Dispute
Settlement Procedure
8. Types of
Employment
9. Supported
Wage
10. Payment by
Results
11. Termination
Of Employment
12. Redundancy
13. Superannuation
14. Rates Of
Pay
15. Mixed
Functions
16. Payment Of
Wages
17. Deduction
of Union Membership Fees
18. Allowances
19. Hours Of
Work
20. Overtime
21. Annual
Leave
22. Personal
Carers Leave
23. Sick Leave
24. Bereavement
Leave
25. Parental
Leave
26. Public
Holidays
27. Jury
Service
28. Accident
Pay
29. Posting Of
Award
30. Amenities
31. First Aid
and Ambulance Chest
32. Long
Service Leave
33. Right of
Entry
34. Traineeships
35. Area
Incidence and Duration
2. Renumber
the clauses in the body of the award to reflect the new Arrangement.
3. Delete
subclause 3.2, of clause 3, Definitions, and insert in lieu thereof the
following:
3.2 Union means
the Transport Workers' Union of New South Wales
4. Delete subclause
4.2, of clause 4, Index of Facilitative Provisions, and insert in lieu thereof
the following:
4.2 Facilitative
provisions in this award are contained in the following clauses:
Subject Matter
|
Clause Number
|
|
|
Part time Employees
|
8.2.2
|
Bonus or other Method of Payment by Results
|
10.2.6(d)
|
Hours of Work
|
19.3.1(e)
|
Overtime
|
20.4
|
Annual Leave
|
21.6.2
|
Public Holidays
|
26.3
|
5. Delete paragraph
8.2.7, of clause 8, Types of Employment, and insert in lieu thereof the
following:
8.2.7 Sick Leave
A part-time employee will be entitled to sick leave in
accordance with 23, but will be paid only on a proportionate basis.
6. Delete
paragraph 8.3.3, of the said clause 8, and insert in lieu thereof the
following:
8.3.3 Any time worked
by casual employees in excess of the daily limitations prescribed for weekly
employees in clause 19 - Hours of work, or in excess of 38 hours per week will
be paid for at the rate of time and a half for the first three hours and double
time thereafter.
7. Delete the
words "Assessed Capacity (12.5.4)" appearing in paragraph 9.4.1, of
clause 9, Supported Wage System, and insert in lieu the following:
Assessed Capacity (clause 9.5).
8. Delete
paragraph 9.6.1, of the said clause 9, and insert in lieu the following:
9.6.1 All assessment
instruments under the conditions of this clause, including the appropriate
percentage of the award wage to be paid to the employee, will be lodged by the
employer with the Registrar of the Industrial Relations Commission of New South
Wales.
9. Delete
subparagraph 9.7.6(e), of the said clause 9, and insert in lieu the following:
(e) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
will be entered into based on the outcome of assessment under 9.5.
10. Delete the
reference to "clause 25" appearing in paragraph 11.3.1, of clause 11,
Termination of Employment, and insert in lieu thereof the following:
clause 26
11. Delete the
words "the Centrelink" appearing in paragraphs 12.4.6 and 7, of
clause 12, Redundancy, and insert in lieu thereof the following:
Centrelink
12. Delete
subclause 14.2, of clause 14, Rates of Pay, and insert in lieu thereof the
following:
14.2 Adult rates of
pay are as set out in Table 1 - Rates of Pay of Part B - Monetary Rates of this
Award.
13. Delete
paragraph 16A.1.1, of clause 16A, Deduction of Union Membership Fees, and
insert in lieu thereof the following:
17.1.1 the employee has
authorised the employer to make such deductions in accordance with subclause
17.2 herein;
14. Delete subclause
16A.5, of the said clause 16, and insert in lieu thereof the following:
17.5 The Union shall
advise the employer of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar
year. Such advice shall be in the form
of a schedule of fees to be deducted specifying either weekly, fortnightly,
monthly or quarterly as the case may be.
The Union shall give the employer a minimum of two months’ notice of any
such change.
15. Delete
subclause 18.1, of clause 18, Hours of Work, and insert in lieu thereof the
following:
18.1 Ordinary
Working Week
Unless otherwise specified in this clause the ordinary
hours of work will average 38 hours per week, worked in accordance with 19.2.
16. Delete
paragraphs 18.3.1,18.3.2 and 18.3.3, of the said clause 18, and insert in lieu
thereof the following:
18.3.1 Subject to the
daily limitations prescribed in 19.2, where the employer and a majority of
employees agree, the hours of work may be arranged by any one of the following
methods:
(a) by working
shorter hours on one or more days of each week;
(b) by fixing a day
on which all employees will be off during a particular work cycle;
(c) by rostering
employees off on various days of the week during a particular work cycle.
18.3.2 In circumstances
where a rostered day off applies, the starting and finishing times determined
in accordance with 19.3.1 will constitute the ordinary hours of work. Any work
performed outside or in excess of those hours must be paid as overtime.
18.3.3 Where employees
are entitled to a rostered day or days off in accordance with 19.3.1(b) or
19.3.1(c), the employer must notify employees not less than four weeks in
advance of the weekday he/she is to take off. Where an employee has not
accumulated a full day’s entitlement when a rostered day off occurs, the
employee for that day will be paid for the actual time accrued.
17. Delete the
reference to "clause 18" appearing in the preface to clause 19,
Overtime, and insert in lieu thereof the following:
clause 19
18. Delete
paragraph 19.1.1, of the said clause 19, and insert in lieu thereof the
following:
19.1.1 Subject to
paragraph 20.1.2 an employer may require an employee to work reasonable
overtime. The method of remuneration
for such overtime shall be at overtime rates or by agreement in accordance with
subclause 20.4, Time Off in Lieu.
19. Delete the
reference to "paragraph 19.1.2" appearing in paragraph 19.1.3, of the
said clause 19, and insert in lieu thereof the following:
paragraph 20.1.2
20. Delete
subclause 19.3, of the said clause 19, and insert in lieu thereof the
following:
19.3 Overtime Rest
period
An employee other than an employee subject to 20.2 who
is required to work overtime for more than one hour beyond the ordinary ceasing
time on any day, other than on a working day of less than eight hours, will be
entitled to a rest period of ten minutes paid for at the appropriate rate.
21. Delete
paragraph 20.1.2, of clause 20, Annual Leave, and insert in lieu thereof the
following:
20.1.2 The annual leave
will accrue at the rate of 2.923 hours for each 38 ordinary hours worked.
22. Delete
subparagraph 20.2.3 (d), of the said clause 20, and insert in lieu thereof the
following:
(d) Where an
employee has accrued a full entitlement to annual leave after qualifying twelve
month period and his/her employment ceases for any reason before the whole or
any part of such leave entitlement has been taken, the weekly over-award
payment referred to in 21.2.3(a) and 21.2.3(b) will apply in respect to that
full entitlement.
23. Delete
paragraph 20.3.1, of the said clause 20, and insert in lieu thereof the
following:
20.3.1 During a period of annual leave an employee
will receive a loading calculated on the rate of wage prescribed by clause 14.
24. Delete
paragraph 20.5.1, of the said clause 20, and insert in lieu thereof the
following:
20.5.1 If any public holiday prescribed by clause 26
- Public Holidays falls within an employee's period of annual leave and is
observed on a day which in the case of that employee would have been an
ordinary working day, there must be added to the period of annual leave time
equivalent to the ordinary time which the employee would have worked if such
day had not been a holiday.
25. Delete
subclause 20.7, of the said clause 20, and insert in lieu thereof the
following:
21.7 Leave to be
Taken
The annual leave provided for by this clause must be
taken and except as provided by subclauses 21.10 (proportionate leave on
termination) and 21.11 (annual close down), payment will not be made or
accepted in lieu of annual leave."
26. Delete the
reference to "subclause 20.11" wherever appearing in paragraph
20.9.2, of the said clause 20, and insert in lieu thereof the following:
subclause 21.11
27. Delete
subclause 20.10, of the said clause 20, and insert in lieu thereof the
following:
20.10 Proportionate
Leave on Termination
An employee other than a casual who after one month's
continuous service in any qualifying twelve monthly period with an employer
lawfully leaves the employment of the employer or is terminated by the employer
will be paid 2.923 hours for each 38 ordinary hours worked at the appropriate
rate of wage calculated in accordance with 21.2.
28. Delete
paragraphs 20.11.1 and 20.11.2, of the said clause 20, and insert in lieu
thereof the following:
20.11.1 The
employer may, by giving not less than one month's notice of the intention to do
so, stand off for the duration of the close-down all employees in the
enterprise or part of it concerned and allow to those who are not then
qualified for a full entitlement to annual leave for twelve months' continuous
service paid leave on a proportionate basis at the appropriate rate of wage as
prescribed by 21.2 and 21.3 for 2.923 hours for each 38 ordinary hours worked.
20.11.2 An
employee who has then qualified for a full entitlement to annual leave for
twelve months' continuous service and has also completed a further week or more
of continuous service will be allowed leave, and will subject to 21.6, also be
paid for 2.923 hours in respect of each 38 ordinary hours worked service since
the close of the employee’s last twelve month qualifying period.
29. Delete
paragraph 21.1.1, of the said clause 21, and insert in lieu thereof the
following:
21.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in 22.1.3(b), 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 in clause 23, Sick Leave, 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.
30. Delete
paragraph 21.2.1, of clause 21, Personal Carer's Leave, and insert in lieu
thereof the following:
21.2.1 An employee may elect, with the consent of
the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in 22.1.3(b) who is ill.
31. Delete
paragraph 21.3.2, of the said clause 21, and insert in lieu thereof the
following:
21.3.2 Access
to annual leave, as prescribed in 22.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
32. Delete
paragraphs 21.4.3 and 21.4.4, of the said clause 21, and insert in lieu thereof
the following:
21.4.3 If,
having elected to take time as leave in accordance with 22.1, the leave is not
taken for whatever reason payment for time accrued at overtime rates shall be
made at the expiry of the 12 month period or on termination.
21.4.4 Where
no election is made in accordance with 22.1, the employee shall be paid
overtime rates in accordance with the award.
33. Delete the
reference to "16" appearing in subparagraph 22.1.2 (a), of clause 22,
Sick Leave, and insert in lieu thereof the following:
16 hours
34. Delete
subclauses 23.1, 23.3 and 23.5, of clause 23, Bereavement Leave, and insert in
lieu thereof the following:
23.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay up to and including the day of the funeral on
each occasion of the death of a person prescribed in clause 24.3.
23.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in clause
22.1.3(b), Personal Carers Leave, provided that for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
23.5 Bereavement
leave may be taken in conjunction with other leave available under clauses
22.2, 22.3, 22.4, 22.5, and 22.6. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
35. Delete
subclause 25.9, of clause 25, Public Holidays, and insert in lieu thereof the
following:
25.9 In addition to the
benefit provided by 26.7, an employee who works on Christmas Day or New Year's
Day will either be allowed a substitute holiday at a time convenient to the
employer or receive an extra day's wages at ordinary rates.
36. Delete
paragraphs 25.10.1 and 25.10.2, of the said clause 25, and insert in lieu
thereof the following:
25.10.1 Any
weekly employee who works on any holiday provided for in 26.1 will for all time
worked on that day be paid at the rate of double time and a half.
25.10.2 any
employee working under any system of payment by results who works on any
holiday provided for in clause 26 - Public Holidays will for all time worked on
that day be paid his/her ordinary earnings under such system of payment by
results and in addition an amount calculated on the basis of time and a half of
the ordinary rate for the class of work being performed.
37. Delete clause
27, Relationship to National Training Wage Award 1994.
38. Delete clause
30, Amenities, and insert in lieu thereof the following:
30. Amenities
See relevant Occupational Health and Safety legislation and
regulations, as amended from time to time.
39. Delete clause
31, First-Aid and Ambulance Chest, and insert in lieu thereof the following:
31. First-Aid and
Ambulance Chest
See relevant Occupational Health and Safety legislation and
regulations, as amended from time to time.
40. Delete
subclause 34.4, of clause 34, Area, Incidence and Duration, and insert in lieu
thereof the following:
35.4 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 New South Wales on 18 December 1998 (308 IG 307) are
set out in the attached Schedule B and take effect on 13 December 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
41. Delete
Schedule A - Award and Variations Incorporated.
42. Delete
Schedule B - Changes Made on Review.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.