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New South Wales Industrial Relations Commission
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DRY CLEANING (STATE) AWARD
  
Date07/01/2005
Volume352
Part1
Page No.178
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C3496
CategoryAward
Award Code 286  
Date Posted06/30/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(286)

SERIAL C3496

 

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.

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