ROOFING TILE MAKERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5702 of 2003)

 

 

REVIEWED AWARD

 

PART A

 

WAGES AND CONDITIONS OF EMPLOYMENT

 

1.1.  Title

 

This award will be known as the Roofing Tile Makers (State) Award.

 

1.2.  Arrangement

 

PART 1 - APPLICATION AND OPERATION OF AWARD

 

Clause No.          Subject Matter

 

1.1       Award Title

1.2       Arrangement

1.3       Anti-Discrimination

1.4       Area, Incidence and Duration

1.5       Definitions

1.5.1     The Union

1.5.2     Ordinary Hours

1.5.3     Ordinary Shift

1.5.4     Shifts

 

PART 2 - AWARD FLEXIBILITY

 

2.1       Flexibility of Work

 

PART 3 - COMMUNICATION, CONSULTATION, AND DISPUTE RESOLUTION

 

3.1       Consultation

3.2       Industrial Disputes and Grievance Procedure

 

PART 4 - EMPLOYER AND EMPLOYEE’S DUTIES EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

 

4.1       Contract of Employment

4.1.1     Probationary Employment

4.1.2     Full time Employment

4.1.3     Junior Labour

4.1.4     Stand-down of Employees

4.2       Part-time employment

4.2.1     Engagement of Part Time Employees

4.2.2     Entitlements of Part Time Employees

4.2.3     Public Holidays for Part Time Employees

4.2.4     Overtime for Part Time Employees

4.2.5     Award Provisions Apply to Part Time Employees

4.2.6     Ratio of Part time to Full Time Employees

4.2.7     Part Time Work Agreement Pro-forma

4.3       Termination of Employment

4.3.1     Abandonment of Employment

4.3.2     Misconduct

4.3.3     New technology

4.3.4     Termination of Employment

4.4       Redundancy

 

PART 5 - WAGES AND RELATED MATTERS

 

5.1       Classifications

5.1.1     Classification Groups and Wages

5.1.2     Industry Allowance

5.1.3     Leading Hand

5.2       State Wage Case Adjustment

5.3       Penalty Rates on weekends and Holidays - Shift Workers

5.4       Payment of Wages

5.5       Allowances

5.5.1     Other Rates & Allowances

5.5.2     Shift Allowances

5.5.3     Manganese Dioxide

5.5.4     First Aid Allowance

5.6       Piecework

5.7       Transfer (mixed functions)

 

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

 

6.1       Hours of Work and Meal Breaks - Day Workers

6.2       Hours of Work - Shift Workers

6.3       Operation of 38-Hour Week

6.4       Overtime and Public Holiday Payments

6.4.1     Time off in Lieu

6.4.2     Employees other than Seven Day Shift Workers

6.4.3     Seven Day Shift Workers

6.4.4     Meal Allowances and Crib Breaks

6.4.5     Rest Periods after Overtime

6.4.6     Recall

6.4.7     Calculation of Overtime

6.4.8     Minimum Payment

6.5       Rest Period

 

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

7.1       Annual leave

7.1.1     Entitlement to Annual Leave

7.1.2     Additional Annual Leave Entitlements

7.1.3     Annual Leave Rates for Shift Workers

7.1.4     Annual Leave Loading

7.1.5     Days Added to the Period of Leave

7.2       Sick Leave

7.2.1     Entitlement to Sick Leave

7.2.2     Accumulation of Sick Leave

7.2.3     Continuous Service

7.2.4     Definition of Industry

7.2.5     First Three Months Employment

7.3       Long Service Leave

7.4       Parental Leave

7.5       Public Holidays

7.5.1     Entitlement to Public Holidays

7.5.2     Financial Members Day

7.5.3     Eligibility for Payment of Public Holidays

7.5.4     Shift Workers - Public Holidays

7.5.5     Payment of Public Holidays on Termination of Employment

7.6       Jury Service

7.7       Bereavement Leave

7.8       Personal/Carer’s Leave

 

PART 8 -  OH&S, EQUIPMENT, TOOLS AND AMENITIES

 

8.1       Amenities and Hygiene

8.1.1     Amenities to be Provided

8.1.2     Standard of Amenities

8.2       Attendance at Repatriation Centres

8.3       First Aid Outfits

8.4       Protective Clothing

8.5       Tools

 

PART 9 - UNION AND RELATED MATTERS.

 

9.1       Union Business

9.1.1     Union Delegate

9.1.2     Notice Board

9.1.3     Union Training

 

PART B

 

MONETARY PAYMENTS

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

PART 1

 

APPLICATION AND OPERATION OF AWARD

 

1.3.  Anti-Discrimination

 

1.3.1     It is the intention of the parties bound by this award to respect and value the diversity of the workforce and to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, martial status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

1.3.2     It is recognised that it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of discrimination or harassment.

 

1.3.3     Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

1.3.4     Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation,

 

(b)        offering or providing junior rates of pay to persons under 21 years of age,

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW),

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

1.4.  Area, Incidence and Duration

 

1.4.1     This award rescinds and replaces the Roofing Tile Makers (State) Award published 17 August, 2000 and all variations thereof.

 

1.4.2     It shall apply to all persons of the classes herein mentioned employed at the Rosehill terracotta Roof Tile Plant of CSR Limited (a section of the roofing division of Monier Limited).

 

1.4.3     It shall take effect from the beginning of the first pay period to commence on or after 26 November 2004 and shall remain in force thereafter for a period of two years.

 

1.5.  Definitions

 

1.5.1     The Union is the Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch, and includes any successor thereto by means of amalgamation or consignment of the union’s constitution.

 

1.5.2     Ordinary hours, unless defined elsewhere in this award, are the hours worked by an employee for which the employee is entitled under this award to ordinary wage and generally means the employee’s normal 38-hours of work. For the purposes of this clause the terms "ordinary hours" and "normal hours" have the same meaning.

 

1.5.3     Ordinary shift is a shift work employee’s ordinary hours set by a roster on any particular day.

 

1.5.4     Definition of Shift -

 

(a)        Seven Day Shift - means shift work rotating across all seven days of the week.

 

(b)        Afternoon shift - means any shift finishing after 6:00 p.m. and not later than midnight.

 

(c)        Night shift - means any shift finishing after midnight and not later than 8:00 a.m.

 

(d)        Permanent shift - means a shift which does not alternate or rotate with another shift.

 

PART 2

 

AWARD FLEXIBILITY

 

2.1.  Flexibility of Work

 

2.1.1     Subject to agreement at the enterprise level, employees may undertake training for a wider range of duties and for access to higher classifications.

 

2.1.2     The parties will not create barriers to an employees advancement within the award structure or through access to training.

 

2.1.3     An employer may direct an employee to carry out duties that are within the limits of the employee's skill, competence and training.

 

PART 3

 

COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

 

3.1.  Consultation

 

A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise will be established for consultation and negotiation on matters affecting the efficiency and productivity of the enterprise.

 

3.2.  Industrial Disputes and Grievance Procedure

 

3.2.1     Disputes Procedure

 

(a)        A question dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by the union for the purposes of each procedure.

 

(e)        Where the parties are unable to resolve a dispute, either party may refer a dispute to the Industrial Relations Commission of NSW for assistance (conciliation and arbitration).

 

3.2.2     Grievance Procedure

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by the union.

 

PART 4

 

EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

 

4.1.  Contract of Employment

 

4.1.1     Probationary Employment - To allow a new employee to undertake basic training and to give the employer the opportunity to assess the employee's capabilities the first two (2) months service will be probationary. After the two (2) months probationary period employment shall be by the week and be terminated by a week's notice on either side or by the payment or forfeiture of one week's wages in lieu of notice.

 

4.1.2     Full-time employment - Employment for the first two (2) months of service shall be from day to day at a proportion of the weekly rate fixed. Provided that any employee who once has served in the industry for a continuous period of three or more months with an employer, if re-employed within twelve months by such employer shall be engaged and shall be paid by the week.

 

4.1.3     Junior Labour -

 

(a)        Minimum age and wage rate. A junior is a person less than 18 years of age and not less than 16 years of age. Juniors shall not be employed at less than 16 years of age.  Wage rates payable to junior employees will be the same rate paid to adult employees performing the same work.

 

(b)        Junior's class of work.  Juniors will not be employed in any class of work for which they have not been suitably trained, unless undergoing training. Whilst the junior is undergoing training the employer will ensure that there is responsible adult supervision at all times.

 

4.1.4     Stand-down of employees - An employer shall not be required to pay for any time an employee cannot be employed usefully on Financial Members' Day or because of any strike or through any breakdown in machinery or stoppage of work or through any cause for which the employer reasonably cannot be held responsible.  Before standing down any employee in accordance with this clause, the employer shall notify the secretary of the union or his/her deputy of his/her intention to do so and at the same time state his/her reasons for standing down the employee or employees, as the case may be.

 

4.2.  Part-Time Employment

 

4.2.1     Engagement of part time employees -

 

(a)        An employee may be engaged by the week, on a Part-time Work Agreement detailed in subclause 4.2.7 of this clause, to work part-time for a constant number of hours being more than 19 hours per week and less than 38 per week.

 

(b)        The agreed weekly and daily hours of work, including starting and finishing times may be altered in accordance with subclause 6.1.3 of clause 6.1, Hours of Work and Meal Breaks - Day Workers.

 

(c)        A part-time employee will be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the work performed.

 

(d)        The spread of ordinary hours of work, exclusive of meal times shall be the same as those prescribed by clause 6.1, Hours of Work.

 

4.2.2     Entitlements of part time employees - A part-time employee shall be entitled to payments in respect of annual leave, annual leave loading, public holidays, Financial Members Day, sick leave, long service leave and bereavement leave arising under this award in proportion to the ordinary hours worked.

 

4.2.3     Public Holidays for part-time employees -

 

(a)        Where the normal paid hours fall on a public holiday or Financial Members Day and work is not performed by the employee they shall not lose pay for the day save for the provisions of subclauses 7.5.2 and 7.5.3 of clause 7.5, Public Holidays.

 

(b)        Where the normal paid hours fall on a public holiday and work is performed by the employee, they must be paid in accordance with clause 6.3, Operation of 38-hour Week.

 

4.2.4     Overtime for part-time employees - A part-time employee who works in excess of the hours fixed under their Part-time Work Agreement shall be paid overtime in accordance with the said clause 6.3.

 

4.2.5     Award provisions apply to part-time employees - Subject to this clause, all of the provisions of this award apply to a part-time employee.

 

4.2.6     It is considered that a ratio of one part-time employee to each ten full-time employees shall be employed.

 

4.2.7     Part time work agreement pro forma

 

 

4.3.  Termination of Employment

 

4.3.1     Abandonment of Employment

 

(a)        The absence of an employee from work for a continuous period exceeding seven (7) working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned the employment.

 

(b)        If within a period of fourteen days from last attendance at work or the day of the last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of the employer that the employee was absent for reasonable cause, such employee will be deemed to have abandoned the employment.

 

(c)        Termination of employment by abandonment in accordance with this sub-clause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

 

4.3.2     Misconduct - An employer may dismiss any employee without notice for serious misconduct and in such case's wages shall be paid up to the time of dismissal only.

 

4.3.3     Termination caused by mechanization and/or technological changes - Where, on account of the introduction, or proposed introduction, by an employer of mechanization or technological changes in the enterprise, the employer terminates the employment of an employee who has been employed by the employer for the preceding twelve months, the employee will be given three months' notice of termination, provided that, if the employer fails to give such notice in full:

 

(a)        the employee will be paid  at the ordinary rate of pay applicable under this award for a period equal to the difference between three months and the period of notice given, and

 

(b)        the period of notice required by this clause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act, 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the employer to dismiss an employee in accordance with subclauses 4.3.1 and 4.3.2 of this clause shall not be prejudiced by the fact that the employee has been given notice pursuant to this clause of the termination of his/her employment

 

4.3.4     Termination of employment -

 

(a)        Notice of termination by an employer

 

(i)         In order to terminate the employment of an employee the employer must give to the employee a minimum of one (1) weeks notice:

 

(ii)        Payment in lieu of the notice prescribed in (i) above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iii)       In calculating any payment in lieu of notice the wages to be used must be those an employee would have received in respect of the ordinary time that would have been worked during the period of notice had the employment not been terminated.

 

(iv)      The period of notice in this clause will not apply in cases of dismissals pursuant to subclauses 4.3.1 or 4.3.2 of this clause.

 

(b)        Notice of termination by the employee -

 

(i)         The notice of termination required to be given by an employee is the same as that required of an employer, and if the required notice is not given then up to one week’s pay will be forfeited.

 

(ii)        Where an employer and employee agree, the employee may be released prior to the expiry of the notice period with payment of wages to the date of termination only.

 

4.4.  Redundancy

 

4.4.1     Application

 

(a)        This clause shall apply in respect of full-time and part-time employees.

 

(b)        This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(c)        Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(d)        Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

4.4.2     Introduction of Change

 

(a)        Employer’s duty to notify

 

(1)        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(2)        ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(b)        Employer’s duty to discuss change

 

(1)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.

 

(3)        For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

4.4.3     Redundancy

 

(a)        Discussions before terminations

 

(1)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause 4.4.2 above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(2)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(3)        For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

4.4.4     Termination of Employment

 

(a)        Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause 4.4.2(a)(1) above.

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

 

(2)        In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

 

(3)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(b)        Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause 4.4.2(a)(1) above:

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

(2)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(3)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955 as amended or replaced, the Annual Holidays Act 1944, as amended or replaced or any Act amending or replacing either of these Acts.

 

(c)        Time off during the notice period

 

(1)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(2)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(d)        Employee leaving during the notice period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        Statement of employment

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

(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.

 

(h)        Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph 4.4.2(a)(1) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

4.4.5     Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subclause 4.4.4 above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(1)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Under 45 Years of Age	Years of Service Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(2)        Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age and over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(3)        ‘Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

 

(b)        Incapacity to pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 4.4.5(a) above.

 

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 4.4.5(a) above will have on the employer.

 

(c)        Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 4.4.5(a) above if the employer obtains acceptable alternative employment for an employee.

 

4.4.6     Savings Clause

 

Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

PART 5

 

WAGES AND RELATED MATTERS

 

5.1.  Classifications

 

5.1.1     Classification groups and wages - The minimum rates for employees shall be set out in Table 1 - Rates of Pay, of Part B, Monetary Payments, for the following classifications:

 

Group I

 

Moulder, Sorter, Ridge Area Operator, Press Area Operator,

 

Glaze Area Operator, Forklift Operator (Permit), Finger Truck Operator,

 

Cleaner, Sweeper, Driver, Millman, Yardman.

 

Group II

 

Glaze Preparator, Die Maker, Clay Preparation Area Operator,

 

Panel Control Operator, Tile Handling Area Operator,

 

Front-end Loader Operator, Ridge Plant Operator,

 

Licensed Forklift Driver, Moulder I.

 

Group III

 

Plant Maintenance Operator, Tunnel Kiln Operator,

 

Senior Tunnel Kiln Operator (temporary), Moulder II

 

5.1.2     Industry Allowance - In addition to the wage rates prescribed in Table 1 - Rates of Pay, of Part B, an employee shall be paid an industry allowance as shown in Item 1 of Table 2 - Other Rates and Allowances of the said Part B, to compensate for all disabilities associated with the manufacture of roof tiles and the maintenance of manufacturing plant and machinery.

 

(Note: For the purpose of computing overtime, etc, this allowance shall form part of the employee’s ordinary wage rate for the work performed.)

 

5.1.3     Leading Hand -

 

(a)        Definition - "Leading Hand" shall mean an employee who is requested by the employer to assume responsibility for operations of other employees in the department or departments in which he is employed.

 

(b)        How paid - In addition to the rate prescribed in Table 1 - Rates of Pay, of Part B, Monetary Payments, of this award for the grade of work in which he/she is engaged, a leading hand shall receive the appropriate amount specified in Item 2 of Table 2 - Other Rates and Allowances of Part B.

 

5.2.  State Wage Case Adjustments

 

The rates of pay in this award include the adjustment payable under the State Wage Case of May 2004. This adjustment may be offset against:

 

(a)        equivalent overaward payments, and/or

 

(b)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

5.3.  Penalty Rates on Weekends and Holidays -  Shift Workers

 

5.3.1     Seven Day Shift Workers

 

(a)        Rostered seven-day shift workers working an ordinary shift of a maximum of twelve hours terminating on a Saturday or Sunday shall be paid at the rate of time and one-half or double time respectively.

 

(b)        Rostered seven-day shift workers working an ordinary shift of a maximum of twelve hours terminating on the financial members' day or any of the other holidays specified in clause 7.5, Public Holidays of this award, shall be paid at the rate of double time and one-half.

 

(c)        Shift workers whose working period includes a Saturday as an ordinary working day shall be paid at the rate of time and one-half for their ordinary shift of a maximum of twelve hours performed on a Saturday.

 

For the purpose of this subclause, in determining whether a shift has been worked or occurs on a Saturday it shall be deemed that the shift has been worked or occurs on the day on which the major part of the shift so occurs.

 

5.3.2.    Five-day shift workers - Shift workers working on a five-day shift system Monday to Friday, inclusive, working an ordinary shift of a maximum of twelve hours terminating on any of the holidays as specified in clause 7.5, Public Holidays shall be paid at the rate of double time and one-half.

 

5.4.  Payment of Wages

 

5.4.1     All wages will be paid weekly in cash or, by agreement, by EFT during ordinary working hours not later than two (2) days following the expiration of the pay period.

 

5.4.2     In the case of a shift worker paid by cash rostered off duty between the hours of 7.00 a.m. and 5.00 p.m. on pay day wages shall be made available not later than the termination of the last shift worked immediately preceding pay day.

 

5.4.3     A day worker or shift worker not paid in accordance with subclauses 5.4.1 or 5.4.2 of this clause presenting themselves for their wages on pay day, or employees whose wages are not been paid into their nominated bank accounts on pay day, are entitled to payment of  an additional four hours at their ordinary time rate of pay.

 

5.4.4     Clarification of employees not having their pay in their account will be verified through the bank before extra payment is made.

 

5.4.5     Should an employee be dismissed from his/her employment on any day during the week in accordance with clause 4.1, Contract of Employment, the employee will be paid all moneys due up to and at the time of dismissal,

 

5.4.6     If an employee is entitled to be paid in accordance with subclause 5.4.5 of this clause, and is not paid then the employee is entitled to an additional four hours pay at the ordinary time rate of pay

 

5.4.7     The provisions of subclause 5.4.6 of this clause shall not apply to an employee dismissed in accordance with subclause 4.3.2 of clause 4.3, Termination of Employment and in such case the employee shall only be paid moneys due up to the time of dismissal which shall be paid on the day of termination or the next day.

 

5.4.8     In the event of pay day falling on a public holiday, defined in clause 7.5 Public Holidays, all wages will be made available for collection by employees not later than the usual finishing time on the day immediately preceding pay day.

 

5.5.  Allowances

 

5.5.1     Payment for other rates and allowances shall be as set out in Table 2 - Other Rates and Allowances of Part B.

 

5.5.2     Shift allowances -

 

(a)        Shift workers on a rotating day-afternoon, day-night or day-afternoon-night shift system, will be paid in addition to their wages, an allowance as set out in Item 4 of Table 2 - Other Rates and Allowances of Part B.

 

(b)        Shift workers on a rotating afternoon-night shift system (i.e. one in which day shift is not worked at least one week in three) or on a permanent afternoon shift will be paid in addition to their wages an allowance as set out in Item 5 of Table 2 - Other Rates and Allowances of Part B.

 

(c)        Shift workers on a permanent night shift will be paid, in addition to their wages, an allowance as set out in Item 6 of Table 2 - Other Rates and Allowances of Part B.

 

(d)        The excess payments over ordinary rates prescribed by clause 6.4, Overtime and Public Holiday Payments and clause 5.3, Penalty Rates on Weekends and Holidays - Shift Workers are payable in lieu of the shift allowances prescribed by this clause.

 

5.5.3     Manganese dioxide - Employees handling manganese dioxide shall be paid an allowance set out in Item 7 of Table 2 - Other Rates and Allowances of Part B, whilst so engaged.

 

5.5.4     First Aid allowance - An employee appointed by the employer to perform first aid duty will be paid an amount set out in Item 8 of Table 2 - Other Rates and Allowances of Part B, in addition to the employees ordinary rates.

 

5.6.  Piecework

 

5.6.1     Where piecework is done the rates to be paid for such work shall be fixed so as to enable the average competent employee to earn at least 10 per cent above the rates fixed in Table 1 - Rates of Pay, of Part B, Monetary Payments, of this award, for the class of work performed.

 

5.6.2     Piecework done outside the specified hours shall be at the employer's request only and shall be paid for at the rate of price and a half for the first two hours and double price thereafter.

 

5.6.3     All piecework rates shall be adjusted immediately following upon any variation of this award affecting wages and earnings.

 

5.7.  Transfer - Mixed Functions

 

On any day or shift any employee required to perform work of a higher grade shall be paid the wages attached to such higher grade for the whole of that day or shift, but any employee required to perform the work of any lower grade to that in which he/she is classed shall not suffer any reduction of pay by reason only of his/her working temporarily out of his/her grade. Such work shall not be considered temporary if it continues for more than one week.

 

PART 6

 

HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

 

6.1.  Hours of Work and Meal Breaks - Day Workers

 

6.1.1     The ordinary working hours of day workers shall be 38 per week over a 4 week cycle, to be worked 8 hours per day, Monday to Friday inclusive, between the hours of 7.00a.m. and 4.30p.m. each day.

 

6.1.2     Employees shall not be required to work continuously for more than five hours without an interval of not less than thirty minutes and not more than forty-five minutes for a meal. An employee may be required to work during his usual meal interval and if required so to work he shall be paid at the rate of double time for the time so worked and shall be allowed to take his meal interval immediately after resumption of work by other employees and such meal interval shall not be counted as time worked. For the purpose of this award the morning rest period shall be deemed as time worked.

 

6.1.3     Each employer shall be entitled to fix the starting time for his own works within the daily limitations prescribed in subclause 6.1.1 of this clause, and to alter it from time to time, either by mutual consent or by posting up, in a convenient place in the works, one week's notice of alteration.

 

6.2.  Hours of Work - Shift Workers

 

6.2.1     The ordinary working hours of shift workers shall not exceed:

 

38 per week; or

 

76 per fortnight; or

 

114 in three weeks; or

 

152 in four weeks; or

 

456 in twelve weeks,

 

and shall not exceed 12 hours during any consecutive twenty-four hours, where mutual agreement is reached with the majority of employees.

 

If mutual agreement is reached between an employer and a majority of his employees, a daily spread of ordinary hours Monday to Sunday may be worked; however, employees will not be required to work in excess of 12 ordinary hours per day.

 

6.2.2     The shifts of shift workers shall consist of a maximum of 12 hours inclusive of thirty minutes crib break, and shall be regulated by a roster providing for weekly rotation and equity or as mutually arranged between the employer and the union.

 

6.2.3     An employee's place on a roster shall not be changed except by one week's notice of such change or payment of penalty rates.

 

6.2.4     An employee who is employed for less than five consecutive shifts in any pay period shall be paid in accordance with Part 5, Wages and Related Matters, and clause 6.4, Overtime and Public Holiday Payment of this award: provided also that where less than a full week is worked due to the action of the employees, the rates payable for the actual time worked shall be ordinary shift rates.

 

6.2.5     By agreement the starting and finishing times of shift workers shall be set by the employer to best service the effective operation of the plant.

 

6.3.  Operation of 38 Hour Week

 

6.3.1     Notwithstanding anything elsewhere contained in this award, the following conditions shall apply concerning operation of the 38 hour week.

 

(a)        Rostering -

 

(i)         The ordinary hours of work shall be an average of thirty-eight per week as provided in clauses 6.1, Hours of Work and Meal Breaks - Day Workers or 6.2, Hours of Work - Shift Workers.

 

(ii)        Circumstances may arise where roster cycle of varying lengths will apply to various groups or sections of employees within the plant.

 

(iii)       Except as provided by subparagraph (iv) of this paragraph, an employee shall be advised by the employer at least four weeks in advance of the week day he is to be rostered off duty.

 

(iv)      The employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to be rostered off duty for another day in the case of a break-down in machinery or a failure of a shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

 

(v)       An individual employee, with the agreement of the employer, may substitute the day he is rostered off duty for another day.

 

(b)        Payment of Rostered Day Off Duty -

 

(i)         For every ordinary hour paid for, payment to the employee of one-twentieth (5 per cent) of his hourly rate (weekly rate divided by 38) will be withheld by the employer and then paid in the pay week in which the employee's rostered day off is taken.

 

(ii)        For all ordinary hours worked, where any allowance or penalty prescribed by this award is expressed as a percentage or multiple of the ordinary rate, the ordinary rate for an eight hour day or shift shall equal weekly rate divided by 5.

 

(iii)       In the event that an employee is rostered off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day.

 

(c)        Work on Rostered Day Off Duty - Any employee required to work on his/her rostered day off shall, in addition to payment for the RDO, be paid in accordance with the overtime entitlements for work performed outside the ordinary hours as prescribed by clause 6.4, Overtime and Public Holiday Payments.

 

(d)        Annual Leave and Rostered Days Off Duty - Each employee is entitled to a total of thirteen rostered days off per year, one of which is included in the four week annual leave entitlement as prescribed in clause 7.1, Annual Leave.

 

(e)        Sick Leave, Bereavement Leave and Rostered Days Off Duty - Employees are not eligible for sick leave or bereavement leave in respect of absences on rostered days off as such absences are outside their usual hours of duty.

 

(f)         Rostered Day Off Falling on a Public Holiday

 

(i)         In the event of a day worker's and a five day shift worker's rostered days off duty falling on a Public Holiday, the employee and the employer shall agree to an alternative day off duty as a substitution: provided that in the absence of agreement the substituted day shall be determined by the employer and union.

 

(ii)        Where a shift worker’s; (other than a five day shift worker) rostered day off duty falls on a public holiday, he/she shall be paid one day's pay in addition to the ordinary weekly rate: provided that if the employer and the shift worker agree the employer may add one day to the period of annual leave of such shift worker in lieu of this provision.

 

(g)        Annual Leave - The four weeks annual leave to which each employee is entitled in accordance with clause 7.1, Annual Leave shall be inclusive of 19 working days time plus one rostered day off.

 

6.4.  Overtime and Public Holiday Payments

 

6.4.1     If agreed by an employer and his employees all or portions of overtime worked can be compensated by taking time off in lieu for hours worked.  If no agreement is reached between the employer and the employees then subsequent subclauses of this clause shall prevail.

 

6.4.2     Employees other than seven-day shift workers -

 

(a)        All time worked outside the limitations of ordinary time prescribed by clause 6.1, Hours of Work and Meal Breaks or in excess of the daily or weekly hours of labour, specified therein, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

 

(b)        All time worked on a Sunday shall be paid for at the rate of double time.

 

(c)        All time worked on any of the holidays as prescribed by clause 7.5, Public Holidays, shall be paid at the rate of double time and a half.

 

6.4.3     Seven-day shift workers -

 

The following rates shall be payable to a rostered seven-day shift worker working on any day which normally would be his/her rostered day off or working in excess of an ordinary rostered shift.

 

(a)        Monday to Friday - time and one-half for the first two hours and double time thereafter;

 

(b)        Saturday or Sunday - double time;

 

(c)        Any of the holidays specified in the said clause 7.5 - double time and one half.

 

6.4.4     Meal Allowances and crib breaks - An employee who is required to work overtime in excess of two hours after his/her usual ceasing time on any day shall, if he/she has not been notified on or before the previous day that he/she will be so required to work, be paid an allowance as shown in Item 3 of Table 2 - Other Rates and Allowances of Part B, for each meal unless suitable meals are provided by the employer.

 

(a)        Before commencing such overtime each employee shall be allowed a crib time of twenty minutes which shall be counted as time worked.

 

(b)        Should the overtime extend beyond five hours each employee shall be allowed at the end of five hours a further crib time of twenty minutes which shall be counted as time worked.

 

6.4.5     Rest Period after Overtime -

 

(a)        When overtime work is necessary, it shall, wherever practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

 

(b)        An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        If, on the instructions of his/her employer, such an employee resumes or continues work without having had such ten hours off duty he/she shall be paid at double time rates until he/she is released from duty for such period and he/she then shall be entitled to be absent until he/she has had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring such absence.

 

(d)        The provisions of this subclause shall apply as if eight hours were substituted for ten hours when overtime is worked:

 

(i)         for the purpose of changing shift rosters; or

 

(ii)        where a shift worker does not report for duty; or

 

(iii)       where a shift is worked by arrangement between the employees themselves.

 

6.4.6     Recall -

 

(a)        An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time he/she is so recalled.

 

(b)        Except in unforeseen circumstances, the employee shall not be required to work the full four hours if the job he/she was recalled to perform is completed within a shorter period.

 

(c)        This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to reasonable meal break) with the completion or commencement of ordinary working time.

 

(d)        Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause 6.4.5 of this clause where the actual time worked is less than four hours on such recall or on each of such recalls.

 

6.4.7     Calculation of Overtime - For the purpose of this clause each day shall stand alone.

 

6.4.8     Minimum Payment - Where an employee works overtime on a Saturday, Sunday or public holiday, he/she shall be paid for a minimum of four hours' work. He/she shall also receive a paid crib break of twenty minutes after each five hours' overtime worked on a Saturday, Sunday or Public Holiday.

 

6.5.  Rest Period

 

All employees shall be granted a rest period of ten minutes each day at a time convenient to each employer and such period shall be counted as time worked.

 

PART 7

 

LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

7.1.  Annual Leave

 

In this clause the Annual Holidays Act 1944, as amended, is referred to as "the Act".

 

7.1.1     Entitlement to annual leave - Annual leave shall be allowed to all employees as provided by the Act, except as provided for in subclause 7.1.2 of this clause.

 

7.1.2     Additional annual leave entitlements - In addition to the leave provided by Section 3 of the Act, employees who become entitled to annual leave and have worked as seven-day shift workers are entitled to additional leave specified below:

 

(a)        For an employee who works continuously as a seven day shift worker the additional leave is one week or five working days.

 

(b)        Subject to paragraph (c) of this subclause, if during the year of employment the employee  has worked for only a portion of it as a seven day shift worker, the additional leave is one day for every thirty six ordinary shifts worked as such a shift worker and pro rata if less than five ordinary time shifts worked per week.

 

(c)        Where the additional leave calculated under paragraph (b) of this subclause is or includes a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

(d)        Where the employment of an employee has been terminated and the employee thereby becomes entitled under Section 4 of the Act, to payment in lieu of annual leave the employee is also entitled to an additional payment of 3.1/6 hours of ordinary time rate of wages with respect to each twenty one shifts of service as a seven day shift worker during the period of entitlement.

 

(e)        Notwithstanding anything elsewhere contained in this clause, regular shift workers on seven day shift work who have been transferred temporarily to other classes of employment during the qualifying period owing to no kiln being available for burning shall be entitled to the additional leave of one week.

 

7.1.3     Annual Leave Rates for Shift Workers - Subject to paragraph (a) of subclause 7.1.4 of this clause, shift workers taking annual leave, must be paid their ordinary pay plus shift allowances and week-end penalties relating to ordinary time shift workers would have worked if they had not been on annual leave:  Provided that the shift allowances and weekend penalties do not apply to public holidays which occur during the period of annual leave or for days that have been added to the annual leave in accordance with the provisions of subclause 7.5.4 of this clause.

 

7.1.4     Annual leave loading

 

(a)        Before an employee is given and takes annual leave, or, where by agreement between the employer and employee the annual leave is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this clause.

 

(b)        Note:   The obligation to pay in advance does not apply where an employee takes an annual leave wholly or partly in advance - see paragraph (f) of this subclause.

 

(c)        The loading is payable in addition to the pay for the period of leave taken by  the employee under the Act and this award.

 

(d)        The loading is to be calculated in relation to any period of annual leave to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), or, where such leave is given and taken in separate periods, then in relation to each such separate period.

 

(e)        The loading is the amount payable for the period or the separate period, as the case may be, stated in paragraph (d) of this clause, at the rate per week of 17.5 per cent of the appropriate rate of pay prescribed by this award for the classification in which employees were employed immediately before commencing their annual leave together with, where applicable, the additional sums prescribed in subclause 5.1.5 of clause 5.5, Classifications of this award, but does not include any other allowances (except the leading hand allowance), penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

 

(f)         No loading is payable to an employee who takes annual leave wholly or partly in advance. Provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with paragraph (e) of this subclause, applying the award rates of wages payable on that day.

 

(g)        Where in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving annual leave or leave without pay to the employees concerned:

 

(i)         an employee who is entitled under the Act to annual leave and who is given and takes such leave shall be paid the loading calculated in accordance with paragraph (e) of this subclause.

 

(ii)        an employee who is not entitled under the Act to annual leave and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to the employee under this clause if the employee had become entitled to annual leave prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

 

(h)        Loading on termination of employment -

 

(i)         When the employment of an employee is terminated by his employer for a cause other than serious misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with paragraph (e) of this subclause ,for the period not taken.

 

(ii)        except as provided by paragraph (i) of this subclause no loading is payable on the termination of an employee’s employment.

 

(i)         This clause extends to employees who would have worked as a shift worker if they had not been on leave. Provided that, if the shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of leave exceeds the loading calculated in accordance with this clause, then that amount will be paid in lieu of the loading.

 

7.1.5.    Days added to the period of annual leave -

 

(a)        An employee who was, at the commencement of his/her annual leave, employed as a seven day shift worker (as defined in clause 5.6, Piecework) will have one day added to his/her annual leave period in respect of any public holiday prescribed by this award which fall within the period of annual leave.

 

(b)        Any day or days added shall be paid for at the ordinary shift rate of pay to which the employee is entitled under this award.

 

(c)        Any day or days added in accordance with paragraph (a) of this subclause, shall be the working day or days immediately following the period of annual leave to which the employee is entitled.

 

(d)        Where the employment of an employee has been terminated and he thereby becomes entitled under Section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday with respect to a period of employment, he also shall be entitled to an additional payment for each day accrued by him under paragraph (a) of this subclause, at the ordinary rate of pay to which the employee is entitled as prescribed in Table 1 - Rates of Pay of Part B, Monetary Payments, and Table 2 - Other Rates and Allowances of Part B (Leading Hand), of this award.

 

7.2.  Sick Leave

 

7.2.1     Entitlement to sick leave - Employees who are absent from work due to personal illness or injury (not being illness or injury arising from the employee's misconduct or default, or from any injury arising out of or in the course of employment) are entitled to leave of absence, without deduction of pay, in accordance with the provisions of this clause.

 

(a)

 

(i)         Employees are entitled in the first year of service with an employer to sick leave of up to 40 hours of ordinary working time.

 

(ii)        Employees are entitled during the second year of service to sick leave of up to 64 hours of ordinary working time.

 

(iii)       Employees are entitled during the third and subsequent years of service to sick leave of up to 80 hours of ordinary working time.

 

(b)        Employees must, within 8 hours of the commencement of their absence, inform their employer of their inability to attend work and, as far as practicable, state the nature of the illness and the estimated duration of absence.

 

(c)        Employees must provide reasonable evidence as required by the employer, that they were unable to attend for duty on the day or days for which leave is claimed.

 

(d)        Employees are not entitled to payment in respect of any time lost on an ordinary working day on which, had they attended for duty, they would not have been required to work.

 

(e)        No employee is entitled to sick leave for rostered time off due to the 38 hour week.

 

7.2.2     Accumulation of sick leave - Sick leave accumulates from year to year whilst an employees employment continues with the employer.

 

7.2.3     Continuous service - For the purpose of this clause continuous service is not broken by:

 

(a)        any absence from work on leave granted by the employer; or

 

(b)        any absence from work by reason of personal illness, injury or other reasonable cause (proof of which shall be provided by the employee). Provided that any time so lost shall not be taken into account in computing the qualifying period of three months specified in subclause 7.2.5 of this clause.

 

7.2.4     Definition of ‘industry’ - For the purpose of this clause "industry" means any industry or calling within the constitutions of the Brickmakers & C, (State) and the Roofing tile Makers (State) Conciliation Committees.

 

7.2.5     First three months of employment - The payment for any absence on sick leave in accordance with this clause during the first three months of continuous service in the industry may be withheld by the employer until the employee completes three months, at which time the payment shall be made.

 

7.3.  Long Service Leave

 

See Long Service Leave Act 1955, as amended.

7.4.  Parental Leave

 

See Industrial Relations Act 1996

 

7.5.  Public Holidays

 

7.5.1     Entitlement to public holidays

 

(a)        Employees are entitled to holidays on the following days:

 

(i)         New Years’ day

 

(ii)        Australia day

 

(iii)       Good Friday

 

(iv)      Easter Saturday

 

(v)       Easter Monday

 

(vi)      Anzac Day

 

(vii)     Queens Birthday

 

(viii)    Labour day

 

(ix)       Christmas day

 

(x)        Boxing day

 

together with all proclaimed or gazetted public holidays applying to all employees throughout the whole of the State, and the Financial Members' Day of The Federated Brick Tile and Pottery Industrial Union of Australia, New South Wales Branch, which may be held on the first Monday in December of each year (or such other arrangement as may be agreed upon between the employer, the majority of employees and the union),

 

(b)        Subject to the provisions of clause 5.3, Penalty Rates on Weekends and Holidays - Shift Workers and subclauses 7.5.2, 7.5.3 and 7.5.4 of this clause, all employees covered by this award will receive payment for the holidays in paragraph (a) of this subclause at their ordinary rates of pay: Provided that any such holiday falls on an ordinary working day or shift within the meaning of clauses 6.1, Hours of Work and Meal Breaks - Day Workers and 6.2, Hours of Work-Shift Workers

 

7.5.2     Financial Members day - Payment for Financial Members' Day will be made only to financial members of The Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch, and the onus of proof of financial membership shall rest with the accredited representative of the union who shall advise the employer on the Friday preceding Financial Members day.

 

7.5.3     Eligibility for payment of public holidays -

 

(a)        Payment will be made for holidays where the employees have presented themselves for work on the working days immediately preceding and succeeding the holidays specified herein and have worked during normal working hours as required by the employer. Provided that an employee is still eligible for payment for the holidays if any absence from work on either or both of the days preceding or succeeding the holidays owing to illness or injury is covered by a certificate of a medical practitioner, or by consent of the employer.

 

(b)        Where a group of holidays, as defined in paragraph (b) of subclause 7.5.5 of this clause, occurs and an employee is found to be not eligible for payment because of non-compliance with any or all of the conditions set forth in paragraph (a) of subclause 7.5.3 of this clause, the employee will forfeit payment for only one day of such group of holidays.

 

7.5.4     Shift workers - public holidays -Notwithstanding anything elsewhere contained in this clause, employees engaged on rostered shift work (other than five-day shift workers), who are rostered off duty on any of the holidays specified in subclause 7.5.1 of this clause, are entitled to payment of an additional day's pay for the pay period in which the holiday occurs, or by mutual agreement, an additional day's leave may be added to that employee's period of annual leave.

 

7.5.5     Payment of public holidays on termination of employment -

 

(a)        Notwithstanding anything elsewhere contained in this clause where within a period of seven days prior to any holiday, or the commencement of any group of holidays, an employer terminates, for reasons other than wilful misconduct, the employment of an employee who has been employed for a period of at least one month prior to the termination of employment, or where such employee is stood down, the employee must be paid for that holiday, or group of holidays.

 

(b)        Where two or more of the holidays provided for in subclause 7.5.1 of this clause occur within one working week, such holidays shall, for the purpose of this award, be deemed to be a group of holidays.

 

7.6.  Jury Service

 

7.6.1     Employees required to attend for jury service during their ordinary working hours, shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of  their attendance for jury service and the amount of wages they would have received in respect of the ordinary time  they would have worked had they not been on jury service.

 

7.6.2     Employees must notify their employer as soon as possible of the date that they are required to attend for jury service.  Further, employees must give  the employer proof of attendance, the duration of attendance and the amount received in respect of jury service.

 

7.7.  Bereavement Leave

 

7.7.1     An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 7.7.3 of this clause. Where the death of a person as prescribed by the said subclause 7.7.3 occurs outside Australia, the employee shall be entitled to two (2) days bereavement leave where the employee travels outside Australia to attend the funeral.

 

7.7.2     The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

7.7.3     Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of in paragraph (c) of subclause 7.8.1, of clause 7.8, Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

7.7.4     An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

7.7.5     Bereavement leave may be taken in conjunction with other leave available under subclauses 7.8.2, 7.8.3, 7.8.4, 7.8.5 and 7.8.6 of clause 7.8, Personal/Carers Leave.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

7.8.  Personal/Carer’s Leave

 

7.8.1     Use of Sick Leave -

 

(a)        An employee with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), 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 7.2, 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.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned;  and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other;  and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

7.8.2     Unpaid Leave for Family Purpose - 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 subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

7.8.3     Annual Leave -

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

7.8.4     Time Off in Lieu of Payment for Overtime -

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, 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.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

7.8.5     Make-Up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

7.8.6     Rostered Days Off -

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

PART 8

 

OH&S, EQUIPMENT, TOOLS AND AMENITIES

 

8.1.  Amenities and Hygiene

 

8.1.1     Amenities to be provided

 

(a)        Employers shall provide:

 

(i)         change and lunch rooms,

 

(ii)        lockers,

 

(iii)       hot and cold showers,

 

(iv)      hot water for making tea,

 

(v)       cool drinking water,

 

(vi)      a first-aid kit,

 

(vii)     adequate sanitary accommodation, which must be available for the use of all employees, including those in the pit.

 

(b)        Shelter sheds shall be provided by the employer to protect intermittent fired kiln burners and pitworkers

 

8.1.2     Standard of amenities - The standard of all facilities provided in subclause 8.1.1 of this clause will conform with the provisions of the Occupational Health and Safety Act as amended.

 

8.2.  Attendance at Repatriation Centres

 

8.2.1     Employees, being ex-service personnel, shall be allowed paid time off whilst attending repatriation centres for medical examination and/or treatment; provided that:

 

(a)        time off does not exceed four hours on each occasion;

 

(b)        payment is limited to the difference between ordinary wage rates for time off and any payment received from the Repatriation Department as a result of each  the visit;

 

(c)        the employee produces evidence satisfactory to the employer, that the employee is required to, and subsequently does attend a repatriation centre.

 

8.2.2     A maximum of four attendances in any year of service with an employer is allowed.

 

8.3.  First Aid Outfits

 

First aid outfits will be supplied and equipped in accordance with the provisions of the Occupational Health and Safety Act, as amended.

 

8.4.  Protective Clothing

 

8.4.1     Where an employee is required to work in any place where his/her clothes or boots are liable to become saturated a suitable water/proof coat, hat and/or footwear shall be made available by the employer.

 

8.4.2     Suitable mica or other goggles shall be provided by the employer for each employee exposed to abnormal dusty conditions upon request.

 

8.4.3     Employers shall provide and shall maintain suitable respirators, where necessary, for all employees exposed to abnormal dusty conditions.

 

8.4.4     Where necessary, the employer shall provide burners with suitable gloves.

 

8.4.5     Suitable material for making cotts shall be provided by the employer.

 

8.4.6     Employees shall be issued with adequate working clothing and safety footwear.

 

8.4.7     Gloves and aprons shall be supplied to employees handling abrasive material.

 

8.5.  Tools

 

All tools required by employees at their respective work shall be provided by the employer but in instances where such goods are lost or destroyed by the absolute fault of the employee, the employee shall be liable if called upon to restore or pay for same.

 

PART 9

 

UNION RELATED MATTERS

 

9.1.  Union Business

 

9.1.1     Union Delegate:

 

(a)        An employee appointed as union delegate, or co-delegate, in the yard or factory shall, upon notification to the employer by an accredited official of the union, be recognized as the accredited representative of the union.

 

(b)        Any matter arising in the yard or factory affecting members of the union, including recruitment, may be investigated by the delegate and discussed with the employer. The delegate, upon request, is allowed reasonable opportunity to carry out such duties at a time convenient to the delegate and the employer.

 

(c)        The employer will permit the delegate access to a telephone for the purpose of calling the union.  The delegate will be allowed to make calls in privacy.

 

9.1.2     Notice Board - The employer shall provide a notice board for displaying material authorized by the union.

 

9.1.3     Union training - Elected Union delegates and Consultative Committee Chairpersons are entitled to a maximum of two days paid union training leave per year per factory.

 

PART B

 

TABLE 1 - MONETARY PAYMENTS

 

 

Table 2 - Other Rates and Allowances

 

 

 

 

I. W. CAMBRIDGE, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.