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.