State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

ELECTRO GROUP AND AUSTRALIAN WORKERS' UNION, NEW SOUTH WALES GAS TRAINING (STATE) AWARD
  
Date06/10/2005
Volume351
Part4
Page No.737
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3562
CategoryAward
Award Code 1783  
Date Posted06/09/2005

spacer image spacer image

spacer image Click to download*
spacer image
BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1783)

SERIAL C3562

 

ELECTRO GROUP AND AUSTRALIAN WORKERS' UNION, NEW SOUTH WALES GAS TRAINING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 7326 of 2004)

 

Before Commissioner Macdonald

15 February 2005

 

AWARD

 

Part A

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Anti - Discrimination

4.         Union Contributions

5.         Disputes Procedure

6.         Termination of Employment

7.         Redundancy

8.         Rates of Pay

9.         Payment of Wages

10.       First Aid

11.       License Reimbursement

12.       Standby Allowance

13.       Telephone Reimbursement

14.       Travel and Expenses

15.       Tools

16.       Living Away on Distant Work

17.       Industrial & Commercial (I&C) Meter Change Payment

18.       Superannuation

19.       Hours of Work

20.       Overtime

21.       Holiday and Sunday Work

22.       Reasonable Working Hours

23.       Annual Leave

24.       Annual Leave Loading

25.       Long Service Leave

26.       Bereavement Leave

27.       Personal Carers Leave

28.       Sick Leave

29.       Parental Leave

30.       Jury Service

31.       Wage and Allowance Increases

32.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1- Wage Rates

Table 2- Allowances

 

1.  Title

 

This Award shall be referred to as the Electro Group and Australian Workers’ Union, New South Wales Gas Training (State) Award.

 

2.  Definitions

 

"Union" means The Australian Workers’ Union, New South Wales.

 

"Employer" means The Electrotechnology Industry Group Training Company Ltd.

 

"Employee" or "Employees" means a person or persons employed by The Electrotechnology Industry Group Training Company Ltd.

 

"Trainee" means an individual who is a signatory to a contract of training registered with the State Training Authority. The Trainee is involved in paid work and structured training, which may be on and/or off the job.

 

An "Adult Trainee" means an adult person at the time of entering into a contract of training to one of the trades in Part B, Monetary Rates - Adult Trainees.

 

3.  Anti - Discrimination

 

3.1        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

 

3.2        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

3.3        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

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;

 

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

 

3.5        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

4.  Union Contributions

 

4.1        The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;

 

(c)        deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

 

4.2        The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union's rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

 

4.3        Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

4.4        Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

4.5        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.

 

4.6        An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

4.7        Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

4.8        This clause shall take effect from the first full pay period to commence on or after:

 

(a)        In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 13 October 2003.

 

(b)        In the case of employers who do not fall within sub-paragraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on 13 January 2005.

 

5.  Disputes Procedure

 

The procedures for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps.

 

5.1        Procedure relating to a grievance of an individual employee:

 

(a)        The employee shall 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)        The 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 an industrial organisation of employees for the purposes of each procedure.

 

5.2        Disputes between an employer and the employees - In the event of a question, dispute or difficulty arising:

 

(a)        The matter shall first be raised with the supervisor and agreement sought.

 

(b)        If the dispute is not resolved at this level, the matter may be discussed between the union delegate and representatives of management.

 

(c)        Should the dispute remain unresolved, the matter may be referred to an official of the union, who shall discuss it with senior management. If necessary, the State Secretary of the union and the relevant employer association may also be involved in discussions at this stage.

 

(d)        In the event of no agreement being reached at this stage, the dispute may be referred to the Industrial Relations Commission of New South Wales.

 

(e)        Reasonable time limits will be allowed for discussion at each level of authority, but undue delay should be avoided.

 

(f)         While the procedure is being followed, normal work will continue.

 

6.  Termination of Employment

 

6.1        Except for misconduct justifying summary dismissal, the service of an employee shall be terminated only by seven days' notice or by the payment of seven days' salary in lieu thereof.

 

6.2        No employee shall, without the consent of the employer, resign from his/her employment without having given seven days' notice of his/her intention so to do.  Should he/she resign without giving such notice, he/she shall forfeit salary up to the time of resignation for such portion of the current pay period during which he/she has worked.

 

6.3        Upon termination of the service of an employee, the employer shall furnish him/her with a written statement, duly signed by or on behalf of the employer, setting out the period of his/her employment and the capacity in which he/she was employed.

 

6.4        Termination of employment will also be in accordance with the Apprentice and Traineeship Act 2001.

 

7.  Redundancy

 

7.1        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 years 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.

 

7.2        Introduction of Change

 

(a)        Employer's duty to notify

 

(i)         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.

 

(ii)        "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

 

(i)         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.

 

(ii)        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.

 

(iii)       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.

 

7.3        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 to be done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii) 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 paragraph 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 formation the disclosure of which would adversely affect the employer.

 

7.4        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 (ii)(a)(1) above.

 

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

 

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

(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 (ii)(a)(1) above:

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee three 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, the Annual Holidays Act 1944, 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 Employment 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

 

Here an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) 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 rate for the number of weeks of notice still owing.

 

7.5        Severance Pay

 

(a)        Where the employment of an employee is to be terminated pursuant to subclause (iv) 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:

 

Years of Service

Under 45 Years of 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 of age 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, overaward 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 (a) above.

 

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (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 (a) above if the employer obtains acceptable alternative employment for an employee.

 

7.6        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.

 

8.  Rates of Pay

 

The rates of pay are provided for in Table 1 of part B

 

9.  Payment of Wages

 

9.1        Wages shall be paid weekly or fortnightly.  Prior to its introduction, the employer should discuss the implementation of fortnightly pay with the employees.

 

9.2        Overtime shall be paid within a week from the pay day succeeding the day or days on which such overtime becomes due.  Provided that, where wages are paid fortnightly, overtime shall be paid within a fortnight from the pay day succeeding the day or days on which such overtime became due.

 

9.3        On termination an employee shall be paid all monies due to the employee.  Such monies shall be paid during the employee's working hours on the day of termination, or posted by pre-paid registered post to the employee on the next working day; provided that an employee may elect to return to collect any monies outstanding to the employee on the next working day.

 

9.4        Where an employee is required to wait beyond the employee's ordinary ceasing time for payment of weekly or fortnightly wages or termination payment and such waiting time exceeds fifteen minutes, the employee shall be paid at ordinary rates for the full period during which such employee is required to wait, except where such waiting time is occasioned by reasons beyond the control of  the employer.

 

9.5        Wages shall be paid in cash, by cheque or electronic funds transfer.

 

10.  First - Aid

 

An employee who holds a current first aid certificate and is appointed by the employer as first aid attendant shall be paid a First Aid allowance as set out in Item 1 of Table 2 - Allowances of Part B Monetary Rates.

 

11.  Licence Reimbursement

 

Where possession of a licence is required to perform specific work or an employee obtains a licence at the employer's request, the employee will be reimbursed the annual cost of each licence excluding any penalty amounts.  This allowance does not extend to reimbursement of the cost of a standard car driver's licence.

 

12.  Standby Allowance

 

A standby allowance will be paid to employees who are rostered on standby roster and required to be available to be called out for duty or to resolve calls from home. The allowance for stand by is set out in Item 2 of Table 2 - Allowances of Part B, Monetary Rates.

 

13.  Telephone Reimbursement

 

Where the employee is not provided with a mobile telephone, or where the mobile phone network used does not provide reliable coverage in the employee's home area and an employee is required by the employer to take or make telephone calls for the employer's purpose, the employee shall be reimbursed telephone rental and actual calls made on the employer's business. Employees who are required to use their home telephone line for data transmission for the employer's purpose shall be reimbursed telephone rental and actual calls made on the employer's business.

 

14.  Travel and Expenses

 

14.1      General Conditions

 

(a)        Commencing on Job - An employee required to work at a job away from his/her workshop or depot shall, at the direction of his/her employer, present himself/herself for work at such job at the usual time of starting work.

 

(b)        Location of Workshop or Depot - Upon the commencement of this award or the commencement of a contract of employment, the employer shall notify the employee of the location of the employee’s workshop or depot and such location shall be recorded in the employee’s wages record and/or service record.

 

(c)        Provided that if it becomes necessary for the location of the workshop or depot to be changed, the employer shall give the employee not less that 14 days notice of such change.

 

14.2      Transportation - The employer shall provide or arrange transport where reasonable and necessary for travelling as follows:

 

between jobs, and

 

between the employee’s workshop or depot and jobs.

 

14.3      Travel

 

In computing reasonable travelling time and for the purpose of Excess Travelling Time, the following shall apply:

 

(a)        Where the employee uses public transport on his/her journey, travelling time shall include all time reasonably spent:

 

(b)        In waiting between public transport connections;

 

and

 

(c)        Between disembarking from public transport and the time of starting work; and

 

(d)        Between finishing work and embarking on public transport.

 

(e)        Where the employee is required to walk on his/her journey, walking time shall be at the rate of 12 minutes per kilometre.

 

 

(f)         Where the employee uses a motor vehicle, other than public transport on his/her journey, travelling time shall be calculated as follows:

 

(i)         Where the journey or portion of the journey is within:

 

48 kilometre radius of the General Post Office, Sydney, or

 

32 kilometre radius of the General Post Office, Newcastle, or

 

The boundaries of the Port Kembla-

 

Wollongong District (see NSW Industrial Gazette, volume 52, Page 783);

 

At the rate of 2 minutes for each kilometre of the journey.

 

(ii)        Where the journey or portion of the journey is outside the area prescribed above, at the rate of 1.25 minutes for each kilometre of the journey.

 

(g)        Excess Travelling Time - For the purpose of this clause, excess travelling time is all time reasonably spent by an employee in travelling to or from a job away from his/her workshop or depot in excess of time usually spent by the employee in travelling to or from his/her home and his/her workshop or depot.

 

(h)        Excess Travelling Time Payment - An employee shall be paid for excess travelling time at ordinary time rate except on a holiday or Sunday when payment shall be at the rate of time and a half.

 

(i)         Travelling Time Payment - To or From Distant Work - An employee travelling to or from distant work shall be paid for all time occupied in such travel at ordinary time rates up to a maximum of 12 hours out of every 24 hours, or, where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.

 

14.2      Fares and Expenses

 

(a)        The employer shall pay for all fares and/or expenses reasonably incurred by an employee in excess of those usually incurred by the employee in travelling between his/her home and his/her workshop or depot.

 

(b)        Such fares and expenses shall include fares and/or expenses incurred in travelling between the workshop or depot and a job and in a travelling between jobs.

 

14.3      Fares and Expenses - Distant Work -

 

(a)        The employer shall pay for any fares and/or expenses incurred in conveying an employee and the employee’s tools and such personal belongings reasonably required for his/her personal use to and from distant work.

 

(b)        Such expenses shall include cost of meals partaken and insurance of personal belongings whilst in transit.

 

14.4      Motor Vehicle Allowance -

 

(a)        An employer shall pay to an employee a motor vehicle allowance per kilometre as set out in Item 3 of Table 2 of Part B, Monetary Rates, as compensation for expenses where the employee, by agreement with his/her employer, uses his/her own motor vehicle in the following cases:

 

For the distance of his/her journey which is in excess of the distance of the journey between the employee's home and his/her workshop or depot where the employee starts or finishes work at a job away from his/her workshop or depot.

 

for the distance of his/her journey where the employee is recalled to work overtime after leaving his/her employer’s business; or

 

for the distance of his/her journey in travelling between his/her workshop or depot and a job or between jobs; or

 

for the distance of his/her journey in travelling to or from distant work.

 

15.  Tools

 

15.1      Provision of Tools - Employers shall continue to provide such tools of trade as were customarily provided at the time of the making of this award.

 

15.2      Power Tools, &c. - An employer shall provide for the use of tradespersons and apprentices all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.

 

15.3      Tool allowance

 

(a)        For tools not customarily provided by the employer at the date of commencement of this award, but which are ordinarily required by the tradespersons and apprentices for the performance of their duties and are supplied by an employee, an allowance per week as set out in Item 4 of Table 2 of Part B Monetary Rates.

 

(b)        Such allowance shall be paid for all purposes of the award.

 

15.4      Carrying Tools, etc. - An employee shall not be required to carry tools and/or materials exceeding 20 kilograms in weight to or from the job.

 

15.5      Storing Employee’s Tools - At each workshop or depot and at each job site an employer shall provide suitable free storage accommodation for employee’s tools. An employer shall ensure that such tool storage accommodation is as secure as practicable against unauthorised entry outside working hours.

 

15.6      Damage to Tools - Compensation to the extent of the damage sustained shall be made where, in the course of the work, tools are damaged or destroyed by fire, or molten metal or through the use of corrosive substances; Provided that the employer’s liability shall be limited to such tools of trade as are ordinarily required for the performance of the employee’s duties.

 

15.7      Compensation for loss of tools

 

(a)        An employer shall on behalf of the employee replace tools lost by breaking and entering whilst securely stored at the employers direction in a room or building on the employers premises, job, workshop or in a lock-up to a maximum trade value as set out in Item 5 of Table 2 of Part B Monetary Rates.

 

(b)        Provided that this subclause shall not apply if the employer has requested the employee to supply him/her with a list of tools required to be kept on the job and the employee has not supplied such a list. The employer has the right to inspect the employee’s tools at regular intervals to ensure that they match the list supplied by the employee and that they match the requirements of the job.

 

(c)        In all cases, the employer shall be liable to pay the amount as set out in Item 5 of Table 2 of Part B Monetary Rates for each claim for compensation.

 

16.  Living Away on Distant Work

 

16.1      Board and Lodging -

 

(a)        Living Away Allowance - On distant work the employer shall, subject to the provisions of subclause 16.2 of this clause, provide reasonable board and lodging or pay a living away allowance per week as set out in Item 6 of Table 2 of Part B Monetary Rates, but such allowance shall not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance shall be all living expenses, actually and reasonably incurred, but not exceeding the said amount.

 

16.2      Standard of Board and Lodging - Reasonable board and lodging for the purpose of this clause shall mean lodging in a well-kept establishment with adequate furnishing, good bedding, good floor coverings, good lighting and heating in either a single room or a twin room if a single room is not available, with hot and cold running water.

 

16.3      Regular Return Home -

 

(a)        Except as hereinafter provided an employee on distant work shall, where practicable, be allowed to return home for the weekend at least once a month. Where the employee so returns home, all reasonable travelling expenses incurred shall be reimbursed by the employer provided that the employee presenting himself/herself for   work at the site at the normal starting time on the next working day.

 

(b)        The travelling expenses prescribed by this subclause shall not be payable to an employee receiving the living away from home allowance prescribed by subclause 16.1 of this clause.

 

16.4      Camps -

 

(a)        Scope - Where an employer is engaged in projects:

 

Which are located in areas where reasonable board and lodging as defined in subclause 16.2 of this clause is not available; or

 

where the size of the workforce is in excess of the available accommodation; or

 

where there are continuous concrete pour requirements; or

 

where the working of shifts necessitates camp accommodation;

 

his/her employees shall be provided with camp facilities constructed and maintained in accordance with the requirements of paragraph 16.5 of this subclause.

 

16.5      Camp Facilities -

 

(a)        Such an employer shall provide accommodation in single rooms, or twin rooms where single rooms are not available, fitted with suitable sleeping accommodation, including mattress, pillow and blankets. Each room shall be of not less than 14 cubic metres per person, and shall have a timber floor with floor covering provided. Each room shall be fitted with a door and movable window of reasonable dimensions and shall be furnished with a table or suitable substitute therefore, a seat or seats and wardrobe for each person. The windows shall be fitted with gauze screens. Each room shall be ceiled and lined. Good artificial lighting shall be provided, a verandah shall be constructed in front of each room. Where reasonably required, provision shall be made for the heating of rooms. Provision shall be made in the camp for suitable washing facilities, including hot and cold showers. Suitable provision shall be made for washing of clothes. Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths. Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health.

 

(b)        In such camp, messing shall be made available by the employer with provision for a choice of meals.

 

(c)        An employee who is accommodated as prescribed by paragraph 16.5 of this subclause shall not be eligible for the payment of the allowance prescribed by subclause 16.1 of this clause.

16.6      Camping Allowance -

 

(a)        Employees who are required to camp in accordance with the provisions of paragraph 16.4 of this subclause shall be paid a camping allowance per day as set out in as set out in Item 7 of Table 4 of Part B Monetary Rates, for each day that the employee  finds it necessary to remain in camp.

 

(b)        Provided that an employee shall not be entitled to the allowance as prescribed in subparagraph 16.6 (a) of this paragraph for any working day on which he/she is absent from duty except in cases of sickness or for any reason beyond his/her own control.

 

(c)        Provided further that, if an employer elects to provide full board and suitable camp lodging, the allowance prescribed herein shall not be payable.

 

16.7      Accommodation Disputes - Any dispute concerning the standards of accommodation or camp facilities prescribed by this clause shall be notified to the employer within one month.

 

16.8      Distant Work Defined - For the purpose of this award, distant work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than his/her usual place of residence at the time of commencing such work.

 

17.  Industrial & Commercial (I& C) Meter Change Payment

 

An employee(s) who is required to carry out Industrial & Commercial Meter change duties shall be paid an allowance as set out in Item 8 of Table 2 - Part B Monetary Rates.

 

18.  Superannuation

 

The employer will continue to make superannuation contributions on behalf of its employees in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth).  Such contributions shall be made into the Energy Industry Accumulation Scheme.

 

19.  Hours of Work

 

19.1      The ordinary hours of work for day workers shall be 38 hours per week or an average of 38 per week to be worked on one of the following bases:

 

(a)        38 hours within a work cycle not exceeding seven consecutive days; or

 

(b)        76 hours within a work cycle not exceeding fourteen consecutive days; or

 

(c)        114 hours within a work cycle not exceeding twenty one consecutive days; or

 

(d)        152 hours within a work cycle not exceeding twenty eight consecutive days.

 

19.2      Provided that a work cycle may differ from those prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and the Union.

 

19.3      The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week Monday to Friday inclusive.

 

19.4      Maximum Daily Hours

 

The daily ordinary hours of work prescribed by this clause shall not exceed 8 hours on any day. Provided that the daily ordinary hours of work prescribed by this subclause may be altered as to all or a section of employees by mutual agreement between an employer and the Union.

 

19.5      Spread of Hours

 

(a)        The ordinary hours of work shall be between 6.00am and 6.00pm at the discretion of the employer and, except for meal breaks, shall be worked continuously.

 

(b)        Provided that the usual starting time and usual finishing time within the spread of hours shall not be varied except by agreement of the employer and the majority of the employees.

 

(c)        Provided that the spread of hours may be altered as to all or a section of the employees by agreement of the employer and the majority of the employees.

 

19.6      Implementation of 38-Hour Week

 

(a)        The ordinary hours of work may be arranged in accordance with one of the following systems:

 

(i)         Fixed Weekly Hours System: By employees working 38 hours per week; and less than 8 ordinary hours each day; or

 

less than 8 ordinary hours on one or more days in each week.

 

(ii)        Average Weekly Hours System:  By employees working an average of 38 hours per week over a work cycle and;

 

by fixing one weekday on which all employees will be off during a particular work cycle; or

 

by rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle.

 

19.7      "Rostered Day Off" for the purpose of this award is the week day, not being a holiday, that an employee has off duty when working in accordance with an average hours system.

 

19.8      Notice of Rostered Day Off

 

Except as provided in subclause 19.10, in cases where, by virtue of the arrangement of his/her ordinary working hours, an employee, in accordance with subclause 19.6(ii)  is entitled to a day off during his/her work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday he/she is to take off.

 

19.9      RDO Not to Coincide with Public Holiday

 

Where an employee’s ordinary hours are arranged in accordance with subclause 19.6(ii), the weekday or part of the weekday taken off shall not coincide with a public holiday as prescribed in clause 20, Holidays and Sunday Work. Provided that where a public holiday is prescribed after an employee has been given notice of a weekday off, subclause 19.10 shall apply.

 

19.10    Substitution of RDO

 

(a)        An employer may substitute the day an employee is to take off, in accordance with subclause 19.6(ii) for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.

 

(b)        Provided that if a substitute day off is not granted, then he/she shall be paid, for the day at overtime rates.

 

(c)        Where there is an agreement between an individual employee and his/her employer, the employee may substitute the day he/she is to take off for another day.

 

(d)        Any substitute day off, referred to in 19.10(a) or (b) of this subclause, must be taken either in the current work cycle or in the next succeeding work cycle.

 

(e)        Where any employee, in accordance with subclause 19.6(a)(ii) is entitled to a day off during his work cycle and that day off falls on a public holiday, as prescribed in clause 21, Holiday and Sunday Work, the next working day shall be substituted as the day off unless an alternate day in that work cycle or the next succeeding work cycle is adopted by agreement between the employer and the employee.

 

(f)         In this subclause reference to a day or working day shall also be taken as reference to a part day or part working day as the case may be and is appropriate.

 

20.  Overtime

 

20.1      Payment for Working Overtime

 

(a)        For all work done outside ordinary hours, including work on a RDO, except where such RDO is substituted for another day, the rates of pay shall be time and a half for the first 2 hours and double time thereafter; such double time to continue until the completion of the overtime work.

 

(b)        Except as provided in 20.2, Rest Period after Overtime, of this clause, in computing overtime each day’s work shall stand alone.

 

20.2      Rest Period after Overtime

 

(a)        Where overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours off duty between the work of successive days:

 

(b)        Provided that, in the case of shift workers, the rest period shall be 8 consecutive hours off duty when the overtime is worked:

 

For the purpose of changing shift rosters; or

 

Where the shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

 

Where a shift is worked by arrangement between the employees themselves.

 

(c)        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 the rest period off duty between those times shall, subject to 20.2, be released after completion of such overtime until he/she has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.

 

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

 

20.3      Recall to Work

 

(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 4 hours’ work or where the employee has been paid for standing by in accordance with 20.5, Standing By, of this clause, shall be paid for a minimum of 3 hours’ work at the appropriate rate for each time he/she is so recalled.

 

(b)        Provided that, except in the case of unforseen circumstances arising, the employee shall not be required to work the full 4 or 3 hours as the case may be if the job he/she was recalled to perform is completed within a shorter period.

 

(c)        shall not apply in cases where it is customary for an employee to return to his/her employer’s premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to a 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 purpose of  20.2, Rest Period After Overtime, of this clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.

 

20.4      Saturday Work

 

(a)        An employee required to work after midday on a Saturday shall be paid double time rate for such work.

 

(b)        A day worker required to work overtime on a Saturday shall be afforded at least 4 hours’ work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.

 

(c)        Where an employee works overtime which ceases at or after 4.00am on a Saturday and such overtime is continuous with ordinary work on Friday, then such employee shall be paid for an additional 8 hours at ordinary time rate. This provision shall not apply to shift workers.

 

20.5      Standing By: Subject to any custom now prevailing under which an employee is required regularly to hold himself/herself in readiness for a call back, an employee required to hold himself/herself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates for the time from which he/she is so told to hold himself/herself in readiness.

 

20.6      Crib Time

 

(a)        An employee working overtime shall be allowed a crib time of 20 minutes at the appropriate rate without deduction of pay after each 4 hours of overtime worked, if the employee continues work after such crib time.

 

(b)        Provided that where a day worker on a five day week is required to work overtime on a Saturday, the first prescribed crib time shall, if occurring between 10.00am and 1.00pm, be paid at ordinary rates.

 

(c)        Unless the period of overtime is less than 1½ hours, an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

 

20.7      Requirement to Work Reasonable Overtime: It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the Industry.

 

20.8      Meal Allowance, &c.

 

(a)        An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set out in Item 9 of Table 2 Part B Monetary Rates, for the first meal and for each subsequent meal.

 

 

(b)        Unless the employer advised an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed.

 

(c)        If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.

 

20.9      Transport of Employees: When an employee, after having worked overtime, or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide him/her with a conveyance to his/her home or pay him/her his/her current wage rate for the time reasonably occupied in reaching his home.

 

20.10    Meal Breaks

 

(a)        Maximum Period Without Meal Break: An employee shall not be compelled to work for more than 5 hours without a break for a meal.

 

(b)        Payment for Work in Meal Breaks: Subject to 20.10.(a), Regular Maintenance Person, for work done during meal hours and thereafter until a meal break is allowed, time and a half rates shall be paid.

 

(c)        Regular Maintenance Person:  Subject to the provisions of 20.10(a), Maximum Period Without Meal Break, hereof, an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed, whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle. Provided that, if the meal period of a maintenance person has not previously been taken and does not follow immediately upon resumption of work by other employees after their meal break, the provision of 20.10(b), Payment for Work in Meal Break, hereof, shall apply.

 

21.  Holiday and Sunday Work

 

Holidays

 

21.1      Prescribed Holidays

 

(a)        An employee on weekly hiring shall be entitled, without loss of pay, to public holidays as follows: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Six Hour Day (or Labour Day), Christmas Day, Boxing Day or such other day as is generally observed in the locality as a substitute for any of the said days respectively, and/or proclaimed or gazetted holiday throughout the State.

 

(b)        By mutual agreement between an employer and employee, other days may be substituted for the said days or any of them as to such employer’s undertaking.

 

21.2      Payment for Work on a Holiday

 

(a)        An employee not engaged on continuous work shall be paid at the rate of double time and a half for work on a public holiday, such double time and a half to continue until he/she is relieved from duty.

 

(b)        An employee required to work on a holiday shall be paid for a minimum of 4 hours’ work at double time and a half.

 

21.3      Absence Before or After a Holiday: An employee shall not be entitled to payment for a holiday if he/she is absent from work:

 

Without reasonable excuse; or

 

Without the consent of his/her employer; on the ordinary working day before or the ordinary working day after a holiday.

 

21.4      Sundays - Payment for Work on Sundays:

 

(a)        An employee who works on a Sunday, shall be paid at the rate of double time for such work, such double time to continue until he/she is relieved from duty.

 

(b)        An employee required to work on a Sunday shall be paid for a minimum of 4 hour’s work at double time.

 

21.5      General

 

The following shall have application to all other sections of this clause:

 

(a)        Rest Period After Holiday or Sunday Work: An employee, not engaged on continuous work, who works on a holiday or a Sunday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time occurring during such absence.

 

(b)        Meal Allowance - Holidays and Sundays:

 

An employee not engaged on continuous work, required to work for more than 4 hours on a holiday or a Sunday without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set in Item 8 of Table 2 of Part B Monetary Rates, for the meal taken during his/her first crib break and during each subsequent crib break. Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

 

(c)        An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a holiday or Sunday or is required to work for a lesser period of time than advised, shall be paid the rates prescribed in 21.7 (b) of this clause for meals which he/she has provided but which are surplus.

 

21.6      Holidays to be Paid on Termination of Employment:

 

(a)        An employer who terminates the employment of an employee engaged on weekly employment on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, shall pay the employee his/her ordinary wages for each holiday in a group as prescribed in 21.8 (b), which falls within 10 consecutive days on and from the date that notice of termination is given.

 

(b)        For the purpose of this award, the following shall be the holidays in a group:

 

(i)         Christmas Day, Boxing Day, New Year’s Day and additional holidays gazetted in connection with those days.

 

(ii)        Good Friday, Easter Saturday (where it is applicable as a holiday for the employee), Easter Monday and additional holidays gazetted in connection with those days.

 

(c)        Where the first day of the group of holidays falls within 10 consecutive days on and from the date that notice of termination is given, the whole group shall be deemed to fall within 10 days.

 

(d)        An employee shall not be entitled to receive payment from more than one employer in respect of the same holiday or group of holidays.

 

An employee shall, on request by his/her employer, make a statutory declaration or other written statement satisfactory to his/her new employer, of the payments made by any other employer for the holidays referred to in this subsection where any of such holidays occurs within 10 consecutive days after the commencement of his/her employment with that employer.

 

(e)        An employee shall not be entitled to the payment referred to in 21.8(a) for the holidays prescribed by 21.8(b) where his/her employer dismisses him/her without notice for malingering, inefficiency, neglect of duty or misconduct.

 

21.7      Maximum Period without Meal Break: An employee shall not be compelled to work for more than 5 hours without a break for a meal.

 

22.  Reasonable Working Hours

 

Reasonable Overtime

 

(a)        Subject to paragraph (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.

 

(c)        For the purposes of paragraph (b) what is unreasonable or otherwise will be determined having regard to:

 

(i)         Any risk to employee health and safety;

 

(ii)        The employee's personal circumstances including any family and carer responsibilities;

 

(iii)       The needs of the workplace or enterprise;

 

(iv)       The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        Any other relevant matter.

 

23.  Annual Leave

 

See Annual Leave Act 1944

 

24.  Annual Leave Loading

 

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

 

24.2      Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and the employee the annual holiday 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.

 

24.3      The loading is payable in addition to the pay for the period of holiday accrued and taken under the Act and this award.

 

24.4      The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each such separate period.

 

24.5      The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause, at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, together with the allowances, if any, payable under subclause (iii) of Clause 1 - Salaries.

 

24.6      No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause, applying the award rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

24.7

 

(a)        When the employment of an employee is terminated by his/her employer, for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, the employee shall be paid a loading calculated in accordance with subclause (iv) of this clause for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

25.  Long Service Leave

 

See Long Service Leave Act 1955.

 

26.  Bereavement Leave

 

26.        An employee, other than a casual employee, shall be entitled to a maximum of three 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 in Australia as prescribed in subclause (iii) of this clause.

 

26.2      The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer the proof of death.

 

26.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carers leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of Clause 7 - Personal Carer's Leave, provide that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

26.4      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

 

26.5      Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv) and (v) of the said Clause 7. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

27.  Personal Carers Leave

 

27.1      Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c) of this subclause 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 6 - 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:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse, because of marriage, has blood relatives of the other; and

 

(iii)       "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.

 

27.2      Unpaid Leave for Family Purpose

 

(a)        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 (2) of paragraph (c) of subclause (i) who is ill.

 

27.3      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.

 

27.4      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 this award.

 

27.5      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.

 

28.  Sick Leave

 

28.1      Weekly employees shall, subject to the production of a medical certificate or other evidence satisfactory to the employer (which may include a statutory declaration), be entitled to five days' sick leave during the first year of service and eight days during the second and subsequent years of service on full pay. Provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence of an employee in any year.

 

Provided further that where an employee works more than eight ordinary hours in any day, the employee shall not be entitled to leave in excess of 38 hours of ordinary working time in the first year of service and 60.8 hours of ordinary working time in the second and subsequent years of service.

 

28.2

 

(a)        The employee shall, wherever practicable, before the commencement of absence, inform the employer of such employee's inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.

 

(b)        Where an employee does not notify the employer of the employee's inability to attend for duty prior to the commencement of the absence the employee shall produce a medical certificate or the said employee shall not be entitled to payment for the first eight hours of such absence.

 

NOTE: An employee's entitlement to sick leave in accordance with subclause (i) shall not be reduced as a consequence of the operation of this paragraph.

 

28.3      The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the employer until the employee completes such three months of employment, at which time the payment shall be made.

 

28.4      An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers' compensation and full pay. If an employer pays such difference, the employee's sick leave entitlement under this clause shall be proportionately reduced for each week during which such difference is paid.

 

28.5      If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year; provided that an employer shall not be bound to credit an employee for sick leave which accrued more than twelve years before the end of the last completed year of service.

 

28.6      Part-time employees shall, subject to the provisions of this clause, be entitled to a proportionate amount of sick leave.  The amount of sick leave to which a part-time employee is entitled in any year shall bear the same ratio to sick leave prescribed during that year of service for weekly employees as the part-time employee's normal ordinary hours of work for a week during such year would have borne to the number of ordinary hours worked by weekly clerical employees in the section or department in which the part-time employee is employed.

 

28.7      Service with the employer before the date of coming into operation of this award shall be counted as service for the purpose of this clause.

 

28.8      If an award holiday occurs during an employee's absence on sick leave then such award holiday shall not be counted as sick leave.

 

29.  Parental Leave

 

See Industrial Relations Act 1996

 

30.  Jury Service

 

30.1      An employee required to attend for jury service during rostered working hours shall not suffer any -reduction in normal salary.  The employer shall pay the difference between any juror's fees received and the employees normal salary. The employee may nominate to provide juror's fees directly to the Company for ease of administration.

 

30.2      An employee required to attend jury service shall notify the employer as soon as possible of the date upon which attendance for jury service is required.

 

30.3      An employee required to attend jury service shall give the employer proof of attendance, the duration of such attendance and details of any amount received in respect of such jury service.

 

30.4      An employee called for, but not required to perform jury service shall, where it is reasonably practicable, return to work.

 

30.5      An employee who is required to be a witness at a court of law shall be granted leave without pay except where, at the discretion of the employer, leave with pay is granted.

 

31.  Wage and Allowance Increases

 

Wages and work related allowances will be increased in accordance with State Wage Case Adjustments. The parties consent to vary this award at the time the State Wage Case decision is delivered.

 

The parties also consent at this same time to vary the award for increases in expense related allowances in accordance with the Consumer Price Index.

 

32.  Area, Incidence and Duration

 

This award shall apply to all employees of the employer who are engaged as trainees in the gas industry.

 

This award shall take effect from 15 February 2005 and shall remain in force for a period of three years.

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Rates - Industry/Skill Level A

 

Industry Skill Level A

Highest Year of Schooling Completed

 

Year 10

Year 11

Year 12

 

$ per week

$ per week

$ per week

School Leaver

207.00

227.00

274.00

Plus 1 year out of school

227.00

274.00

319.00

Plus 2 years

274.00

319.00

371.00

Plus 3 years

319.00

371.00

424.00

Plus 4 years

371.00

424.00

424.00

Plus 5 years

424.00

424.00

424.00

 

School Based Traineeships

Skill Level A

Year 11

Year 12

 

$

$

Weekly rates for school based traineeship

207.00

227.00

Hourly rates for school based traineeships

6.74

7.10

 

Hourly Rates for Part-time Trainees Who Have Left School

Industry Skill Level A

Highest Year of Schooling Completed

 

Year 10

Year 11

Year 12

 

$

$

$

School Leaver

6.47

7.10

8.56

Plus 1 year out of school

7.10

8.56

9.97

Plus 2 years

8.56

9.97

11.59

Plus 3 years

9.97

11.59

13.25

Plus 4 years

11.59

13.25

13.25

Plus 5 years

13.25

13.25

13.25

 

Adult Trainees to be paid $500.00 per week

 

Table 2 - Allowances

 

Item No

Clause

Brief Description

Amount ($)

1

10

First Aid

11.90 per week

2

2

Standby Allowance

Mon - Fri 28.55 per week

 

 

 

Weekends 56.00

3

14.4 (a)

Motor Vehicle Allowance

0.60c/km

4

15.3 (a)

Tool Allowance

10.80 per week

5

15.7(a)

Compensation for loss of tools

357.10

6

16.1(a)

Living Away Allowance

441.60

7

16.6(a)

Camping Allowance

12.40 per day

8

17

Industrial & Commercial (I&C) Meter

22.50 per week

 

 

Change Allowance

 

9

20.8(a)

Meal Allowance

7.95 per day

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'