CLEANING AND BUILDING
SERVICES CONTRACTORS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch
industrial organisation of employees.
(No. IRC 3359 of 2005
Before The Honourable
Justice Haylen
|
5 October 2005
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Contract
of Employment
3. Definitions
4 Classification
Structure
5. Hours
6. Rostered
Days Off (RDO)
7. Wages
7A. Union Dues
8. Additional
Rates and Allowances
9. Saturday
and Sunday Work
10. Overtime
and Meal Allowances
11. Call Back
and Rest Break
12. Part-time
Employees
13. Casual
Employees
14. Supported
Wage
15. Payment of
Wages
16. Relieving
in Other Positions or Classifications
17. Miscellaneous
Conditions
18. Public
Holidays
19. Annual
leave
20. Annual
Leave Loading
21. Sick Leave
22. Personal/Carer's
Leave
23. Bereavement
Leave
24. Parental
Leave
25. Repatriation
Leave
26. Jury
Service Leave
27. Long
Service Leave
28. Superannuation
29. Trade
Union Training Leave
30. Union
Delegates
31. Enterprise
Arrangements
32. Consultation
33. Anti
Discrimination
34. Past
Services Entitlement
35. Exemption
36. Non-reduction
of Existing Wages and Conditions
37. Traineeships
38. Grievance
Procedure
39. Sub-Contracting
40. Area,
Incidence and Duration
PART B
MONETARY RATES
Tables 1A and 1B - Wages - Cleaning Services Stream
Tables 2A and 2B - Wages - Property Services Stream
Tables 3A and 3B - Wages - Event Services Stream
Tables 4A and 4B - Wages - Hospital Cleaners
Tables 5A and 5B - Other Rates and Allowances
Tables 6A and 6B - Saturday and Sunday Ordinary Time -
Cleaning Services Stream
Tables 7A and 7B - Saturday and Sunday Ordinary Time -
Property Services Stream
Tables 8A and 8B - Saturday and Sunday Ordinary Time -
Hospital Cleaners
Appendix A
Appendix B
2. Contract of
Employment
(i) Employees
under this award shall be engaged either as full-time employees, part-time
employees or casual employees.
(ii)
(a) Subject to the
provisions of this clause, during the first month of full-time or part-time
employment, the contract of employment may be of a probationary nature. An employee at the point of engagement shall
be notified in writing whether or not such employment will be on a probationary
basis.
Provided further that, during such probationary period,
the employer will provide the employee with training, instruction and
supervision, appropriate to the size, structure and needs of the
enterprise. An employee on probation
shall have had any deficiencies in their performance advised to them and have
had the opportunity to improve their performance and enhance their skills in
the first instance before any disciplinary action or termination occurs. In the event that the employment is
terminated by either party, then such termination shall be dealt with in
accordance with the termination provisions provided for elsewhere in this
clause.
(b) At the
conclusion of a probationary period, the employment of the employee shall be
confirmed in writing.
(c) Except as
provided in this subclause, no other probationary periods shall apply.
(iii) The employer
shall, by legible notice displayed at some place accessible to the employees,
notify the hours of commencing and ceasing work. Such hours once notified shall not be changed except by a week's
notice. Provided, however, that where
changes of roster time are only for a duration of one week or less and involve
the completion of the usual number of ordinary hours at other than the regular
times, an additional amount of 25 per cent shall be payable for that period
worked outside the regular time. This does not apply to changes due to late
shopping in the week in which Good Friday falls.
(iv) The employment
of any employee other than a casual employee shall be terminated only by one
week's notice or by the payment or forfeiture, as the case may be, of one
week's wages in lieu thereof.
(v) The employment
of casual employees may be terminated by one hour's notice and such employees
shall be paid all monies due forthwith upon termination.
(vi) Notwithstanding
the foregoing provisions, the employer may dismiss an employee at any time for
serious misconduct or wilful disobedience, and then shall be liable only for
payment up to the time of dismissal.
(vii) On the
termination of employment the employer shall, at the request of the employee,
give such employee a statement as soon as practicable, upon termination, signed
by the employer stating the period of employment, the class of work employed
upon and when the employment terminated.
(viii) Notwithstanding
the provisions of subclauses (i) and (iv) of this clause, where, on account of
the introduction or proposed introduction by an employer of mechanisation or
technological changes in the industry, the employer terminates the employment
of a full-time or part-time employee who has been employed by such employer for
the preceding 12 months, the employer shall give the employee three months'
notice of the termination of such employees employment; provided that, if such
employer fails to give such notice in full:
(a) The employer
shall pay the employee at the rate specified for the employees ordinary
classification in clause 7, Wages, for a period equal to the difference between
three months and the period of the notice given.
(b) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purpose of the Long Service Leave Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of those
Acts; and provided further that the right of the employer summarily to dismiss
an employee for reasons specified in subclause (vi) of this clause, shall not
be prejudiced by the fact that the employee has been given notice pursuant to
this subclause of the termination of the employees employment.
When an employer gives an employee notice of the
termination of such employees employment on account of the introduction or
proposed introduction of mechanisation or technological changes, within 14 days
thereafter the employer shall give notification in writing to the Industrial
Registrar, the Director of Vocational Education and Training, the Director of
Technical and Further Education Commission, and the Secretary of the Australian
Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, of
that fact, stating the employees name, address and usual occupation and the
date when the employment terminated or will terminate in accordance with the
notice given.
(ix) Educational
Institutions and Industrial Establishments - Where the employer and employee in
a particular establishment are in agreement, and the Union is notified by the
company in writing of such agreement, the employer may grant the employee a
period of unpaid leave which shall not exceed four weeks in any 12-month
period, where that establishment shuts down annually. Provided that a period of unpaid leave shall not constitute a
break of service for the purposes of this award, the Long Service Leave Act
1955 or the Annual Holidays Act 1944; provided, further, the effect of
this subclause shall be confined to educational institutions and industrial
establishments which shall be defined as follows: independent schools and
colleges, universities and factories.
(x) Employees
covered by this award shall perform all work within their skill and competence,
including work which is incidental or peripheral to their main tasks or
functions.
3.
Definitions
(i) "Full-time
Employee" means an employee paid by the week or fortnight, as the case may
be, who is rostered to work the ordinary hours prescribed by clause 5, Hours.
(ii) "Part-time
Employee" means an employee paid by the week or fortnight but who is
required to work a constant number of ordinary hours each week less than the
ordinary number of hours prescribed for full-time employees, subject to the
provisions of clause 12, Part-time Employees.
(iii) "Part-time
Weekend Employee" means an employee paid by the week or fortnight, as the
case may be, who is required to work a constant number of ordinary hours on
Saturdays and Sundays only, such hours being less than the number of hours
prescribed for full-time employees, subject to the provisions of the said
clause 12.
(iv) "Casual Employee"
means an employee engaged and paid as such but shall not include an employee
working an average of 38 ordinary hours or more per week and shall not include
an employee who is required to work a constant number of ordinary hours each
week, subject to the provisions of clause 13, Casual Employees.
(v) "Relief
Cleaner" means a person engaged pursuant to the provisions of subclause
(i), (ii) and (iv) of, clause 4, Classification Structure, to work full-time or
part-time for a specified period which is not more than two years but not less
than 5 days.
(a) By agreement
between the employer and the employee prior to engagement, a relief cleaner
shall be notified in writing in the form of Appendix B of this award of the
employees appointment as a relief cleaner and of the estimated duration of
their engagement.
(b) Such employees
shall be engaged solely for the following specified purposes:
(1) to replace
existing employees proceeding on sick leave, annual leave, maternity leave,
long service leave or leave without pay; or
(2) to replace an
employee on workers' compensation.
(c) Such full-time
employees shall be entitled to all entitlements as if they were a weekly
employee and shall accrue annual leave, sick leave and rostered days off in
accordance with this award. Part-time
employees shall also accrue such entitlements but on a proportionate basis.
(d) An employee
engaged as a relief cleaner in accordance with this subclause shall be paid the
ordinary hourly rate applicable to the classification for the work in which the
employee is engaged.
(e) Where an
employee is not provided notification in writing in accordance with paragraph
(a) of this subclause, the employee shall be paid at the appropriate casual
rate of pay as provided for in this award until such notification has been
received by the employee.
(f) An employee
engaged as a relief cleaner in accordance with this subclause shall not work in
a vacant and/or casual and/or temporary position.
(g) The provisions
of this subclause, shall not apply to employees engaged in the Event Cleaning
Stream pursuant to subclause (iii) of clause 4, Classification Structure.
(vi) "Union"
means the Australian Liquor, Hospitality and Miscellaneous Workers Union,
Miscellaneous Workers Division, New South Wales Branch, or, in the case of the
County of Yancowinna, the Broken Hill Town Employees Union.
(vii) "New
South Wales Government Sites Cleaning Contracts" means contracts awarded
by the NSW Government State Contract Control Board pursuant to Request for tender
No. 93/20125 and any successor contracts as well as all other contracts awarded
for cleaning services in public schools in New South Wales whether awarded by
the NSW Government State Contracts Control Board or any other NSW State
Government Department as a stand alone contract or as part of a wider contract
arrangement. "NSW Government Sites
Cleaning Contracts" shall also mean contracts let pursuant to request for
tender 93/20125.
(viii) "Day"
means the period from midnight to midnight.
(ix) "Night Shift"
means any shift finishing later than 1.00 a.m. and at or before 8.00 a.m. or
any shift commencing prior to 6.00 a.m. except for the early morning shift as
defined; provided that any employee who, at the time of the making of this
award, was engaged on a shift finishing later than midnight and at or before
8.00 a.m. shall continue to receive the night shift rate.
(x) "Afternoon
Shift" means any shift finishing after 6.00 p.m. and at or before 1.00
a.m.
(xi) "Early
Morning Shift - Other Than for New South Wales Government Sites Cleaning
Contracts" means any shift commencing between 3.00 a.m. and 6.00 a.m.
provided that;
(a) the
commencement time of current employees working an early morning shift as at 19
January 1994 shall not be changed without consent.
(b) an employee
commencing at 5:00.a.m. and before 6:00.a.m. as at 1 March 2001 shall not be
reclassified as a Day Worker as a result of any changes to this award.
(xii) "Early Morning Shift - New South Wales Government Sites
Cleaning Contracts" means any shift commencing at or after 5.00 a.m. and
before 6.00 a.m., provided that any employee who as at 1 July 1996 works an
early morning shift commencing at or after 5.00 a. m. and before 6.30 a.m.
shall continue to receive the early morning shift rate of pay.
(xiii) "Broken Shift Worker" means an employee working a
broken shift during the hours prescribed in this award.
(xiv) "Shift Worker" means an employee who works a night
shift, afternoon shift or early morning shift.
(xv) "Appropriate
Rate" means the rate of pay applicable, under the provisions of this
award, to the time or shift an employee is required or is engaged to work.
(xvi) "Seven-day Shift Worker" means an employee who is
rostered by an employer to work ordinary hours regularly on Saturdays and/or
Sundays and/or public holidays but shall not include a part-time weekend
employee, as defined, who is rostered to work by the employer ordinary hours on
Saturdays and/or Sundays and/or public holidays only.
(xvii) "Table Busser" means an employee engaged only to
perform one or more of the following cleaning duties within a food outlet other
than in hospitals: the collection and removal of eating utensils, cleaning and
wiping of tables, the cleaning and moping of spillages and the emptying of bins. The duties carried out by a Table Busser,
shall not include those duties associated with the daily maintenance and
cleaning of the food outlet including toilets.
An employee who performs duties other than those
described in this subclause, shall be paid as a cleaner in accordance with
paragraphs (a), (b) or (c) of subclause (i) of clause 4, Classification
Structure, as appropriate to the duties allocated.
On occasions when there are no table bussing duties to
be performed, the employee shall be engaged and paid for the remainder of the
employees ordinary hours for that day or shift as a cleaner in accordance with
the said paragraphs (a), (b) or (c), as appropriate to the duties allocated
Employees who as at 19 January 1994 performed some or
all of the duties of a Table Busser shall nevertheless continue to be
classified and paid as a cleaner in accordance with the said paragraphs (a),
(b) or (c) as appropriate to the duties allocated.
(xviii) "Commissionaire"
shall mean a person employed for the greater part of the employees working time
to greet visitors upon arrival, respond to and/or direct inquiries and provide
general information services.
(xix) "Building
Supervisor/Manager" shall mean a person employed for the greater part of
the employees working time to administer, supervise and oversee the daily
operation (running) of a building and/or buildings. Duties may include, but shall not be limited to, maintaining
records, liaising with management, suppliers and customers in respect of the
structure of the building and supervision of receipt of incoming and outgoing
goods.
(xx) "Lift
Attendant" shall mean a person engaged for the greater part of the
employees working time operating an elevator or lift.
(xxi) "Week"
shall mean the period Monday to Sunday inclusive.
4. Classification
Structure
Employees engaged under this award may be employed in one of
the four following streams:
(i) Cleaning
Services Stream -
(a) "Cleaner"
means a person employed for the greater part of the employees working time in
cleaning work of any description on premises or in bringing into or maintaining
premises in a clean condition, whatever may be the nature of the employees
other duties.
(b) "Building
Services Employee Grade 1 " means an employee performing the duties of a
cleaner who, in addition, is engaged for the greater part of each day or shift
on any of the following tasks, or a combination of such tasks:
(1) Ordering
supplies and receiving deliveries and/or the responsibility for the
distribution and maintenance of toilet and other requisites and cleaning
materials in buildings or establishments and/or an employee performing customer
or public relations or other duties as required.
(2) Carpet
Cleaning - Operating equipment used in any or all of the following methods:
powder systems or liquid shampoo systems or hot water injection and extraction
systems (commonly called "steam cleaning") for the purpose of
cleaning carpets, upholstery, furnishing and similar articles but shall not
include the periodic routine cleaning of such articles by vacuum cleaning, nor
shall it include persons required to use cleaning powders and/or liquids for
"spot" removals in the normal vacuuming process.
(3) Cleaning
windows on the exterior of multi-storied buildings from swinging scaffolds,
bosun's chairs, hydraulic bucket trucks or similar devices.
(4) Operating
"ride on" powered sweeping machines.
(5) Operating
steam cleaning and pressure washing equipment on the exterior of buildings.
(c) "Building
Services Employee Grade 2" means an employee who is entrusted with the
supervision of cleaning as a principal responsibility and/or who may be
required to generally superintend and maintain a building or buildings and/or
building equipment and who may also perform the duties of a cleaner or Building
Services Employee Grade 1 as required.
(ii) Property
Services Stream -
(a) "Property
Services Employee Level 1" shall mean a person employed for the greater
part of the employees day or shift in any one of the following tasks, or
combination of such tasks:
as a table busser;
tea attendants duties.
"Property Services Employee Level 1A" shall
mean a person employed for the greater part of the employees day or shift in
the collection and returning of luggage trolleys.
(b) "Property
Services Employee Level 2" shall mean a person employed for the greater
part of the employees day or shift in any one of the following tasks, or
combination of such tasks:
the rearrangement or reorganisation of furniture;
routine maintenance of indoor greenery (shrubs and
plants);
parking attendants duties - not including the handling
of cash;
lift attendant duties;
sanitary disposal processing,
who may also be required to perform any of the duties
of a Level One employee.
"Property Services Employee Grade 2A" shall
mean a person employed for the greater part of the employees day or shift in
the collection and returning of luggage trolleys involving the driving of a
tractor or similar vehicle who may also be required to perform any of the
duties of a Level One employee
(c) "Property
Services Employee Level 3" shall mean a person employed for the greater
part of the employees day or shift in any of the following tasks or combination
of such tasks:
specialist computer cleaning;
security services, including door checks, security
patrols where specialist training or licensing is required and who may also be
required to use simple closed circuit television systems;
performance of routine repair work and/or building
maintenance in or about the facility (of a non-trade nature);
maintains gardens, lawns and rockeries;
uses and performs routine maintenance on hand tools,
motor mowers and edgers;
is engaged in trimming edges, mowing lawns, sowing,
planting, watering, weeding, spreading fertiliser, clearing shrubs and trimming hedges;
control, maintenance and care of stock, equipment and
other parts;
carries out the cleaning and maintenance of air
conditioner filters, etc;
commissionaire duties;
parking attendant duties which involve the handling of
cash and who may also be required to perform any of the duties of a Level 2
employee.
(d) "Property
Services Employee Level 4" shall mean a person employed for the greater
part of the employees day or shift in any of the following tasks or combination
of such tasks:
security control room operator and/or monitor who acts
upon intelligent building management systems;
horticultural duties and who may possess a
Horticultural Operations Certificate or equivalent;
prepares and uses fertiliser and pest and disease and
weed control mixtures;
uses and performs routine maintenance on gardening
tools and equipment;
carries out pest control (domestic and commercial),
termite and other timber pest control, weed control (urban and industrial),
fumigation, feral vertebrate animal control duties and who holds a current
State Pest Control Licence, and who may also be required to perform the duties
of a Level 3 employee.
(e) "Property
Services Employee Level 5" shall mean a person employed for the greater
part of the employees day or shift as a Building Supervisor/Manager as defined
in subclause (xix) of clause 3, Definitions.
(iii) Event
Cleaning Stream -
(a) Event cleaning
means all work in or in connection with or incidental to the industries or
industrial pursuits of cleaning, repair and maintenance services in or in
connection with the staging of sporting, cultural, scientific, technological,
agricultural or entertainment events and exhibitions of any nature. Event cleaning shall not include regular
maintenance cleaning, and shall be for a specific event and limited in duration
to not more than three weeks.
(b) "Event
Services Employee Grade 1 " means a casual employee who performs general
cleaning duties before, during and after an event (as defined above), and shall
include, but not be limited to, duties such as: operating hand-held powered
equipment such as blowers, vacuum cleaners and polishers, wiping of seats,
cleaning toilets used by the general public, picking up rubbish, vacuuming
around and under seats, sweeping under and around seats, vacuuming and cleaning
table tops, and other work of a manual nature and is subject to direct
supervision.
(c) "Event
Services Employee Grade 2" means a casual employee who performs cleaning
duties before, during and after an event (as defined above) and who, in
addition to performing when required all of the duties of a Grade 1 employee,
drives/operates ride-on powered sweeping and scrubbing machines, mobile
compaction units, vehicular rubbish collection; operates steam cleaning and
pressure washing equipment; is responsible for the distribution and ordering of
stores and supplies; is responsible for the supervision of Grade 1 employees in
the performance of their duties; delivers on-the-job training and is subject to
general supervision.
(d) "Event
Services Employee Grade 3" means a casual employee who, in addition to
performing when required all of the duties of a Grade 1 or Grade 2 employee, is
an operations trainer/work co-ordinator.
(iv) Hospital
Cleaners - "Hospital Cleaners" shall mean employees of cleaning
contractors engaged to perform work in public hospitals.
5. Hours
(i) Ordinary
working hours, exclusive of meal times, shall not exceed an average of 38 per
week, over a four-week cycle, nor exceed eight per day and shall be worked as
follows:
(a) Day Workers -
Between the hours of 6.00 a.m. and 6.00 p.m. on any five consecutive days
Monday to Sunday, inclusive, to be worked on each day in one shift, provided
that current employees as at 19 January 1994 who commenced work at 6.00 a.m.
shall nevertheless continue to be classified and paid as early morning shift
workers as defined.
(b) Shift Workers
- On any five consecutive days Monday to Sunday, inclusive, to be worked on
each day in one shift.
(c) Broken Shift
Workers - Between the hours of 5.00 a.m. and 9.00 p.m. or, alternatively,
between the hours of 5.30 a.m. and 9.30 p.m. on any five consecutive days
Monday to Sunday, inclusive, in not more than two shifts on any one day within
a maximum spread of 13 hours, provided that:
(1) By arrangement
between an employer, the Union and the employee concerned, broken shifts may be
worked in not more than two shifts in any one day within a maximum spread of 14
hours subject to such arrangement being committed to writing in the form set out
in Appendix A.
(2) At sites other
than sites cleaned under contracts defined as New South Wales Government Sites
Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions, by
arrangement between an employer, the Union and the employee concerned, broken
shifts may be worked in not more than two shifts in any one day within a
maximum spread of 15 hours subject to such arrangement being committed to
writing in the form set out in Appendix A.
(3) Arrangements
made pursuant to subparagraph (1) or (2) of this paragraph shall be committed
in writing in the form as set out in Appendix A.
(4) Arrangements
made pursuant to subparagraphs (1), (2) or (3) of this paragraph shall continue
in force for a period of three months and thereafter, unless rescinded by
either party to the arrangement, by the giving of seven days notice, provided
that the arrangement may be varied at any time by the consent of the parties.
(5) The document
recording the agreement reached pursuant to this subclause, that is, Appendix
A, shall be signed by all employees concerned, within one month of the
arrangement being implemented and a copy forwarded to the Union office, within
ten days of such arrangement being signed by the employee(s).
(d) Seven-day
Shift Workers - An employee may be employed as a seven-day shift worker, in
which case the ordinary hours shall not exceed eight in any consecutive 24, or
an average of 38 per week, or an average of 76 in 14 consecutive days.
(e) A seven-day
shift worker shall, for work done during the ordinary hours of any such shift,
Monday to Friday, be paid ordinary rates prescribed by clause 7, Wages.
(ii) Extended
ordinary hours not to exceed an average of 38 per week over a four-week cycle
may be worked as follows:
(a) Non-retail
Establishments - By arrangement between an employer, the union and the majority
of employees employed at a non-retail building or establishment, ten ordinary
working hours per day or shift may be worked over four consecutive days,
subject to:
(1) proper health
monitoring procedures being introduced;
(2) suitable
roster arrangements being made; and
(3) proper
supervision being provided.
(b) Retail
Establishments - By arrangement between an employer, the union and the majority
of employees employed at a retail building or establishment, ordinary working
hours may be worked not exceeding eight per day over five days, provided that
on one day of the week only ordinary hours may be worked, to a maximum of 11
hours (excluding meal breaks).
(c) Once agreement
is reached to work extended hours, all employees shall be notified of:
(1) the number of
ordinary hours to be worked each week;
(2) the days of
the week on which such work is to be performed; and
(3) the commencing
and ceasing times of such hours of work for each day of the week on which work
is to be performed.
This subclause and subclauses (i) and (iii) of this
clause, once ratified, shall not be changed except by a week's notice in
accordance with subclause (iii) of clause 2, Contract of Employment.
(iii) A crib time
for shift workers, as defined in clause 3, Definitions, of not less than 20
minutes shall be allowed not earlier than four hours nor later than five hours
after the time of commencement of each shift.
Time allowed as crib time shall be regarded as time worked and shall be
paid for as such. A ten-minute paid tea
break shall be given to all full-time shift workers working a straight shift.
(iv) An unpaid meal
break for day workers, as defined in paragraph (a) of subclause (i) and
paragraph (a) of subclause (ii) of this clause, of not less than 30 minutes and
not more than one hour, shall be allowed for a meal. An employee shall not be required to work for more than four and
one half hours without a meal break except in cases of emergency, when the time
may be extended to five hours. A
ten-minute paid morning tea break and a ten-minute paid afternoon tea break
shall be given to all day workers and broken shift workers.
(v) Employees
engaged pursuant to the New South Wales Government Sites Cleaning Contracts as
described in subclause (vii) of clause 3, Definitions working more than four
hours each working day shall be given a ten-minute paid tea break. Provided that full-time employees working
either a broken shift or straight shift shall be given a ten-minute paid
morning tea break and a ten-minute paid afternoon tea break. In the case of employees normally working a
broken shift but employed to work straight shifts in school vacations, a paid
crib break of 20 minutes shall be taken in lieu of such breaks.
(vi) Except as for
broken shift workers, there shall be no broken shifts except for meals;
provided that any subsequent start(s) shall be covered by the provisions of
clause 11, Call Back and Rest Break.
(vii) An employee
required to work on a rostered day off shall be paid the rate prescribed in
clause 10, Overtime and Meal Allowances, except for time worked on Sundays,
which shall be paid for at the rate of double time and time worked on public
holidays, which shall be paid for at the rate of double time and one half.
(viii) Where work is
performed as prescribed in subclause (vii) of this clause on a Sunday or a
holiday, such employee shall be paid a minimum of three hours at the appropriate rate.
(ix) Where site
operational requirements prevent cleaning access or makes cleaning access
difficult at an employees regular shift times, an employee may be required, on
one day of the week only, to vary their regular shift times by up to one hour
on either side of the employees normal shift times. Provided that a Day Worker who commences at 6:00.a.m. may be
required, during Monday to Friday inclusive, to vary their regular shift times
by up to one hour at the commencement of the employees normal shift time. Employees required to vary their shift time
shall be paid for each hour of their shift at the rate applicable for ordinary
time work at that hour of the day. This
provision shall not apply to sites cleaned under contracts defined as New South
Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause
3, Definitions.
6. Rostered Days Off
(RDO)
(i) The ordinary
hours of work shall be an average of 38 per week as provided in subclauses (i)
and (ii) of clause 5, Hours, worked as a four-week cycle from Monday to Friday,
inclusive.
(ii) Accrual of
rostered days off credits for full-time employees shall be on the basis of such
employees continuing to work 40 hours per week at ordinary rates of pay and
accruing two hours pay per week. The
two hours accrued shall be calculated at ordinary rates of pay. Work performed in excess of 40 hours per
week shall be paid at overtime rates, in accordance with clause 10, Overtime
and Meal Allowances.
(iii) By agreement
between the employer and employee at the time of engagement at the employees
site, the implementation of 38 hour week for full-time employees other than
those engaged at sites cleaned under contracts defined as New South Wales
Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3,
Definitions, shall be set as follows:
(a) by the
employer fixing one work day in the fourth week of the cycle as a rostered day
off; or
(b) the employer
may fix two days in which the employee may be rostered off for two half days
during the four- week cycle, provided that such half days are either a Monday
or Friday; or
(c) Accumulation -
Employees may accumulate rostered days or shifts off, provided that in any case
no more than five rostered days or five rostered shifts off may be
accumulated. The employee shall take
accumulated rostered days or shifts off by mutual agreement with the employer;
provided that the value of all accumulated shifts or proportion thereof that
are untaken shall be paid to the employee on termination; or
(d) by working a
shorter day of seven hours 36 minutes per day or a shorter working week,
provided that a current full-time employee as at the date of the making of this
award who currently takes a rostered day or days off in accordance with
paragraphs (a) and (b) of subclause (iii) of this clause, may decline to work
the shorter day of seven hours 36 minutes or a shorter working week.
(iv) Rostered days
off for part-time employees shall be given as a right at establishments where
such provision applied at 28 January 1994, and for all employees other than
casual employees at all sites cleaned under contracts defined as New South
Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause
3, Definitions.
At other establishments where the employer and employee
agree, an entitlement to accrue rostered days off shall be achieved by
discounting the part-time rate of pay set out in Tables 1A and 1B - Cleaning
Services Stream, of Part B, Monetary Rates, by five per cent. The rostered days off shall then be set as
follows:
(a) by the employer
fixing one work day in the fourth week of the cycle as a rostered day off,
provided that the rostered day off shall be on a day on which the employee is
normally rostered to work; or
(b) employees may
accumulate rostered days or shifts off by agreement with the employer, provided
that in any case no more than five rostered days or five rostered shifts off
may be accumulated. The employee shall
take accumulated rostered days or shifts off by mutual agreement with the
employer; provided that the value of all accumulated shifts or proportion
thereof that are untaken shall be paid to the employee on termination.
(v)
(a) Each day of
paid leave taken (including annual leave but not including long service leave)
and any public holiday occurring during any cycle of four weeks shall be
regarded as a day worked for accrual purposes.
(b) An employee
whose contract of employment terminates prior to the date(s) scheduled for the
taking of a rostered day (or days) off and who has accrued rostered day off
credits shall be paid the value of such credits on termination.
(c)
(1) Employees
other than those engaged pursuant to the New South Wales Government Sites
Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions shall
be entitled to no more than 12 paid rostered days or 24 paid half days off in
any 12 months of consecutive employment.
(2) Rostered days
off for employees who work in schools and TAFE colleges pursuant to the New
South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of
clause 3, Definitions, will be scheduled during the March/April, June/July,
September/October and Christmas vacation periods to suit the needs of the
employer. A roster for the dates of the
taking of such accumulated leave shall be agreed between the union and the
employer by December of the year before such leave is to be taken. Provided that for cleaners engaged to work
in TAFE Colleges, the roster for the dates of the taking of such accumulated
leave shall be provided to the Union and posted at the site by no later than
November 30 in the year before such leave is to be taken provided that TAFE
schedules are available. Where a
schedule is not available, the employer shall notify the union. To the extent possible every endeavour
should be made to accommodate the employee’s wishes and the leave shall be in
continuous periods in conjunction with other leave in order to maximize the
leave period.
(3) Paid rostered
days off for employees engaged pursuant to the New South Wales Government Sites
Cleaning Contracts shall be granted on the basis of one day off in each 20
days, being a total of 13 days each year.
(d) Notice -
Except as provided elsewhere in this award, an employee shall be given no less
than two weeks' notice by the employer of the rostered day or shift off that is
to be taken. Provided, however, that an
employer may substitute the day or shift an employee is rostered off duty where
an emergency situation occurs.
(e) Substitution -
An individual employee, by agreement with the employer, may substitute the day
or shift rostered off duty for another day, provided that in the case of a
part-time employee the substituted day must be taken on a day on which the
employee would normally be rostered to work.
(f) Rostered Day
Off Falling on a Public Holiday - Where an employees rostered day or shift off
falls on a public holiday the employee and the employer shall agree to the
substitution of an alternative day off.
Provided, however, that where no such agreement is reached the
substituted day shall be determined by the employer.
(g) Subject to
paragraph (f) of this subclause, where an employee is required to work on a
rostered day or shift off, the employee shall be paid at ordinary time but
shall be entitled to take the rostered day off no later than seven days
following such day.
(h) Sickness on
Rostered Day Off - Where an employee is sick or injured on a rostered day or
shift off the employee shall not be entitled to sick pay nor shall sick pay
entitlement be reduced as a result of the sickness or injury on that day.
(i) Overtime -
The hourly rate for payment of overtime in this part shall be calculated by
dividing the weekly rate by 38.
(j) Payment of
Wages - In the event that an employee, by virtue of the arrangement of ordinary
working hours is rostered off duty on a day which coincides with pay day, such
employee shall be paid no later than the working day immediately following such
pay day.
(k) Compassionate
Leave - An employee shall not be entitled to leave under clause 23, Bereavement
Leave, in respect of any period which coincides with any other period of leave
entitlement under this award or otherwise or in respect of a rostered day or
shift off duty.
7. Wages
(i) Cleaning
Services Stream -
(a) Adult Weekly
Employees - The minimum weekly rates of pay for the various categories of
employees shall be as set out in Column A of Tables 1A and 1B -Wages - Cleaning
Services Stream, of Part B, Monetary Rates.
The said minimum rate shall be exclusive of any Saturday, Sunday or
holiday penalties which shall apply where appropriate. The rates of pay for ordinary hours worked
on a Saturday or a Sunday shall be as set out in Tables 6A and 6B - Saturday
and Sunday Ordinary Time - Cleaning Services Stream, of Part B, Monetary Rates.
(b) Part-time and
Casual Employees -
(1) The minimum
ordinary hourly rate of pay for the various categories of part-time and casual
employees shall be as set out in Columns B and C, respectively, of the said
Tables 1A and 1B.
Provided that overtime and/or Saturday and/or Sunday
and/or holiday penalty rates shall apply in addition to the said minimum
ordinary hourly rate of pay where appropriate.
The rates of pay for ordinary hours worked on a Saturday or a Sunday
shall be as set in the said Tables 6A and 6B of Part B, Monetary Rates. The
rates of pay prescribed shall be paid for all ordinary time worked and for all
incidences of paid leave.
(2) Casual Rate -
The casual rate of pay shall be calculated by adding a loading of one-twelfth
to the part-time hourly rate of pay for the relevant classification.
(3) Annual Leave -
The casual hourly rates as set out in Column C of Tables 1A and 1B include the
one-twelfth loading payable to casual employees in lieu of annual holidays as
prescribed by the Annual Holidays Act 1944.
(4) The hourly
rates of pay for part-time and casual employees shall be calculated to the
nearest whole cent, any amount therein of less than half a cent to be
disregarded.
(5) The hourly
rates prescribed in Column B of Tables 1A and 1B shall be adjusted for State
Wage Case decision purposes by the percentage movements in the rate prescribed
in Column A of Tables 1A and 1B for full-time afternoon shift workers; provided
that the hourly rates prescribed for part-time or casual night shift workers
shall be adjusted in accordance with the percentage movement in the rate
prescribed in Column A of Tables 1A and 1B for full-time night shift workers.
(c) Broken shift
workers paid in accordance with Tables 1A and 1B shall be paid the rate so
prescribed for all ordinary time worked and for all paid leave.
(d) Broken shift
workers engaged pursuant to the New South Wales Government Sites Cleaning
Contracts shall be paid the rates of pay and allowances set out in Part B,
Monetary Rates, for all paid leave and for all time worked, including any time
when straight shifts are worked (e.g., school vacation periods).
(ii) Property
Services Stream -
(a) Adult Weekly
Employees - The minimum weekly rates of pay for the various categories of
employees shall be as set out in of Tables 2A and 2B - Wages - Property
Services Stream, of Part B, Monetary Rates.
The said minimum rate shall be exclusive of any Saturday, Sunday or
holiday penalties which shall apply where appropriate. The rates of pay for ordinary hours worked
on a Saturday or a Sunday shall be as set out in Tables 7A and 7B of Part B,
Monetary Rates.
(b) Part-time and
Casual Employees -
(1) The minimum
ordinary hourly rates of pay for the various categories of part-time and casual
employees shall be as set out in the said Tables 2A and 2B of the Wages -
Property Services Stream of Part B, Monetary Rates.
Provided that overtime and/or Saturday and/or Sunday and/or
holiday penalty rates shall apply in addition to the said minimum ordinary
hourly rate of pay, where appropriate.
The rates of pay prescribed shall be paid for all ordinary time worked
and for all incidences of paid leave.
The rates of pay for ordinary hours worked on a Saturday or a Sunday
shall be as set out in Tables 7A and 7B of Part B, Monetary Rates.
(2) Casual Rate -
The casual rate of pay shall be calculated by adding a loading of one-twelfth
to the part-time hourly rate of pay for the relevant classification.
(3) Annual Leave -
The casual hourly rates as set out in Column C of Tables 2A and 2B include the
one-twelfth loading payable to casual employees in lieu of annual holidays, as
prescribed by the Annual Holidays Act 1944.
(4) The hourly
rates of pay for part-time and casual employees shall be calculated to the
nearest whole cent, any amount therein less than half a cent to be disregarded.
(iii) Event
Services Stream -
(a) Casual
Employees -
(1)
(A) The minimum
ordinary hourly rate of pay for work on Monday to Friday for the various
categories of casual employees shall be as set out in Rate 1 of Tables 3A and
3B -Wages - Event Services Stream, of Part B, Monetary Rates.
(B) The said
minimum ordinary hourly rate of pay for work on Saturdays, Sundays or public
holidays for the various categories of casual employees shall be as set out in
Rate 2 of the said Tables 3A and 3B.
The said minimum ordinary hourly rate as set out in Rate 2 shall be
inclusive of any Saturday, Sunday or holiday penalties and annual leave which
would otherwise apply where appropriate.
(2) Annual Leave -
The casual hourly rates as set out in Rates 1 and 2 of the said Tables 3A and
3B include the one-twelfth loading payable to casual employees in lieu of
annual holidays as prescribed by the Annual Holidays Act 1944.
(iv) Hospital
Cleaners -
(a) Adult Weekly
Employees -
(1) The minimum
weekly rate of pay for the various categories of full-time employees shall be
as set out in Column A of Tables 4A and 4B - Wages - Hospital Cleaners, of Part
B, Monetary Rates. The said minimum
rate shall be exclusive of any overtime and Saturday, Sunday or holiday
penalties which shall apply where appropriate.
The rates of pay for ordinary hours worked on a Saturday or a Sunday
shall be as set out in Tables 8A and 8B of Part B, Monetary Rates.
(b) Part-time and
Casual Employees -
(1) The minimum
ordinary hourly rate of pay for the various categories of part-time and casual
employees shall be set out in Columns B and C respectively of the said Tables
4A and 4B. The said minimum ordinary
hourly rates of pay shall be exclusive of any overtime and Saturday, Sunday or
holiday penalties which shall apply where appropriate. The rates of pay shall be paid for all
ordinary time worked for all incidences of paid leave. The rates of pay for ordinary hours worked
on a Saturday or a Sunday shall be as set out in Tables 8A and 8B of Part B,
Monetary Rates.
(2) Casual Rate -
The casual rate of pay shall be calculated by adding a loading of one-twelfth
to the part-time hourly rate of pay for the relevant classification.
(3) Annual Leave -
The casual hourly rates as set out in the said Column C include the one-twelfth
loading payable to casual employees in lieu of annual holidays as prescribed by
the Annual Holidays Act 1944.
(4) The hourly
rates of pay for part-time and casual employees shall be calculated to the
nearest whole cent, any amount therein of less than half a cent to be
disregarded.
(v) Operative
Dates -
The operative dates of the wage rates contained in
Tables 1A to 8B of Part B Monetary Rates are as follows:
Table 1A - The first pay period to commence on or after
1 July 2005.
Table 1B - The first pay period to commence on or after
1 July 2006.
Table 2A - The first pay period to commence on or after
1 July 2005.
Table 2B - The first pay period to commence on or after
1 July 2006.
Table 3A - The first pay period to commence on or after
1 July 2005.
Table 3B - The first pay period to commence on or after
1 July 2006.
Table 4A - The first pay period to commence on or after
1 July 2005.
Table 4B - The first pay period to commence on or after
1 July 2006.
Table 5A - The first pay period to commence on or after
1 July 2005.
Table 5B - The first pay period to commence on or after
1 July 2006.
Table 6A - The first pay period to commence on or after
1 July 2005.
Table 6B - The first pay period to commence on or after
1 July 2006.
Table 7A - The first pay period to commence on or after
1 July 2005.
Table 7B - The first pay period to commence on or after
1 July 2006.
Table 8A - The first pay period to commence on or after
1 July 2005.
Table 8B - The first pay period to commence on or after
1 July 2006.
7A. Union Dues
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
i. the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
ii. The Union
shall advise the employer of the amount to be deducted for each pay period at
the employer’s workplace and any changes to that amount;
iii. 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
iv. here shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
(ii) 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
(iii) 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:
i. where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five percent of the monies deducted; and
ii. 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.
(iv) Where the
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.
(v) 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.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) 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.
(viii) The above
variations shall take effect:
i. 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 12 September 2003;
ii. In the case
of employers who do not fall with sub-paragraph (i) above, but who currently
make deductions, other than Union membership fee deductions or mandatory
deductions (such as 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 or after 12 December 2003;
iii. For all
other employers, from the beginning of the first pay period to commence on or
after 12 March 2004.
8. Additional Rates
and Allowances
(i)
(a) Leading Hand -
Employees placed in charge of other employees shall be paid a weekly allowance
as set out in Item 1 of Tables 5A and 5B - Other Rates and Allowances, of Part
B, Monetary Rates, in addition to the ordinary wages (provided that the
provisions of this paragraph shall not apply to Building Services
Employees Grade 2).
(b) Leading Hand
(Qualified) - Employees, who have attained the qualification Certificate IV
Asset Maintenance, and are placed in charge of other employees shall be paid a
weekly allowance as set out in Item 1 of Tables 5A and 5B - Other Rates and
Allowances, of Part B, Monetary Rates, in addition to the ordinary wages and
any other allowance payable in respect of being placed in charge of other
employees.
(ii) Part-time
employees shall be paid pro rata of the above weekly rates, with a minimum
payment as for 25 hours per week.
(iii) Qualification
Allowance - This allowance ceases to apply to employees as of 1 March
2001. Provided that any employee who
has completed successfully the Cleaning Supervisors Course at the Sydney
Technical College, or a course deemed by the employer to be of equivalent
qualification and was paid the allowance as at 1 March 2001, shall continue to
be paid an additional weekly allowance as set out in Item 2 of the said Tables
5A and 5B.
(iv) A part-time
employee who has successfully completed the course specified in subclause (iii)
of this clause, or a course deemed by the employer to be of equivalent
qualification and was paid the allowance as at 1 March 2001, shall continue to
be paid the amount specified in the said subclause (iii) on a pro rata basis.
(v) First-aid -
Where an employee is a qualified first-aid attendant and such qualification is
required by the employer, such employee shall be paid an allowance each day or
shift as set out in Item 3 of Tables 5A and 5B.
(vi) Refuse
Disposal - Employees engaged for the major portion of their time on refuse
disposal, sorting or feeding of incinerators, furnaces, crushers or compactors
shall be paid an additional allowance per day or shift as set out in Item 4 of
Tables 5A and 5B.
(vii) Toilet
Cleaning - At sites other than sites cleaned under contracts defined as New
South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of
clause 3, Definitions, Employees whose duties include cleaning 1 to 10 toilet
cubicles and/or urinals shall be paid an additional allowance per day as set
out in Item 5 of Tables 5A and 5B.
Where an employees duties include cleaning more than 10 toilet cubicles
and/or urinals they shall be paid an additional allowance per day as set out in
Item 5 of Tables 5A and 5B. Provided
that;
(a) this allowance
shall not be payable where the duties of an employee in and around ablution
facilities only involves periodic checking and reporting on levels of
cleanliness and/or replenishment of supplies.
(b) an allowance
for cleaning toilets as prescribed by this subclause clause shall not apply to
employees of contractors engaged to perform work in public hospitals.
(viii) Hygiene
Maintenance Allowance - At sites cleaned under contracts defined as New South
Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause
3, Definitions, Employees whose duties include
(a) cleaning
toilets, or
(b) cleaning cells
in police stations, or
(c) cleaning of
offensive substances (blood or bodily fluids) or,
(d) more than one
or all of the following duties:
(1) refuse
disposal and/or sorting for incinerators and furnaces, cleaning of ablution
facilities, clearing of minor plumbing blockages, receiving appropriate stores
or minor repair of non-electrical equipment;
(2) cleaning
toilets, including cleaning toilets twice by reason of use of these amenities
by persons occupying school premises for other than school work or by students
attending evening continuation classes.
Provided that toilets of both sexes may be cleaned by either male or
female cleaners as long as appropriate steps are taken to ensure that the
lavatories are not in use at the time of cleaning. Appropriate warning signs are to be supplied by the employer;
(3) using
multipurpose machines, mobile sweeping machines, and other similar mechanical
equipment and operating fork lifts;
(4) moving
furniture for more than three hours on any day or shift,
shall be paid an additional allowance per day or shift
as set out in Item 6 of Tables 5A and 5B:
(ix) Steam Cleaners
and Window Cleaners - Employees working on the exterior of multi-storied
buildings from swinging scaffolds, bosun's chairs or similar devices shall be
paid an additional allowance for each hour or part thereof worked as set out in
Item 7 of Tables 5A and 5B.
(x) Broken Shifts
- Employees working broken shifts shall be paid an allowance per week as an
excess fares allowance in addition to the rates otherwise payable under this
award as set out in Item 8 of Tables 5A and 5B.
(xi) Locomotion
using vehicle - Where an employee is required by the employer to use a motor
vehicle (including a motor cycle) for the purposes of transporting cleaning
equipment necessary for the carrying out of the employees duties, such vehicle
shall be supplied and maintained by the employer but, where an employee by
arrangement with the employer provides the employees own vehicle the employee
shall, in addition to all payments otherwise due to such employee, be paid an
allowance as set out in Item 9 of Tables 5A and 5B.
The amount specified shall be payable for the actual
kilometres travelled by the employees vehicle each week in connection with the
employees employment, which shall include kilometres travelled to and from the
place where the vehicle is customarily housed.
(xii) Locomotion
using bicycle - Where an employee supplies a bicycle for use in the employer's
business, the employee shall be paid an allowance as set out in Item 10 of
Tables 5A and 5B.
(xiii) Travelling
Time - Where an employee is sent to work from an employer's recognised place of
business, the employer shall pay travelling time at the appropriate ordinary
time rate from such place of business to the job and, if the employee is
required to return the same day to the employer's place of business, the
employer shall pay all travelling time at the appropriate ordinary time rate to
the place of business. An employee sent
for duty to a place other than such employees regular place of duty, or
required by the employer to attend a court or any inquiry in connection with
the employees employment, shall be paid all travelling expenses.
(xiv) Travel
Allowance - Where an employee is required to cease or to commence duty at a
time when the usual means of conveyance are not available the employee shall,
at the employer's expense, be conveyed to a point nearest the employees home or
place of duty to which such employee ordinarily would proceed during hours of
public conveyance. Where an employee is
required to work on more than one site in a day or shift such employee shall be
paid the appropriate travelling allowance as set out in Item 11 of Tables 5A
and 5B for the distance between the sites where the employee necessarily incurs
cost in such travel.
(xv) Broken Hill
Remote Area Allowance - Employees in the County of Yancowinna, pursuant to the
New South Wales Government Sites Cleaning Contracts, shall receive a remote
area living, climatic and disability allowance per week as set out in Item 12
of Tables 5A and 5B, to be known as the "Broken Hill - remote area
allowance". Existing employees as at the date of the making of this award
working in locations in the Western Division of the State, shall continue to
receive a weekly allowance as a remote area living, climatic and disability
allowance as salary make-up pay.
(xvi) Pool/Spa
Allowance - Where an employee is required to clean the inside of swimming
pools, hydrotherapy pools, spas, and the like, such employee shall be paid an
allowance as set out in Item 13 of Tables 5A and 5B.
(xvii) Hospital
Cleaners - Subject to paragraph (b) of subclause (vii) of this clause, the
various categories of employees of contractors engaged to perform work in
hospitals shall be paid, if so entitled, the additional rates and allowances
contained in Item 14 to 16 of Tables 5A and 5B.
(xviii) In addition to
any entitlement arising under subclause (xvii) of this clause, the various
categories of employees shall be paid, if so entitled, the additional rates and
allowances pertaining only to work in hospitals:
(a) Infection
allowance - Employees working in infectious areas or areas affected by
infectious disease provisions shall be paid an allowance as set out in Item 14
of Tables 5A and 5B.
(b) For each shift
or part thereof during which an employee is engaged handling linen of a
nauseous nature other than linen sealed in bags, the employee shall be paid an
allowance as set out in Item 15 of Tables 5A and 5B.
(c) Uniforms or
overalls shall be supplied free of cost to each employee by their
employer. Where an employee launders a
uniform supplied by the employer, an allowance shall be paid as set out in Item
16 of Tables 5A and 5B.
(xix) Forklift
Driving Allowance - Where an employee is required by the employer to drive a
forklift truck, then such employee shall be paid an allowance each week as set
out in Item 20 of Tables 5A and 5B.
The employer shall ensure that any employee required to
drive a forklift truck shall be sufficiently competent in accordance with the
appropriate legislation.
(xx) Offensive
Cleaning - An employee required to clean premises which are in a grossly
offensive condition shall be paid an allowance as set out in Item 21 of Tables
5A and 5B.
Offensive Cleaning includes but is not limited to any
of the following:
The cleaning of areas which are substantially soiled by
human or animal excrement;
The cleaning of areas which are substantially soiled by
faeces or other bodily fluids.
Such allowance shall be paid in addition to any other allowance
which may be payable under this award. For the purposes of this clause, the
cleaning of toilets of itself shall not warrant the payment of this allowance.
This subclause shall not apply to employees engaged to
work on New South Wales Government Sites Cleaning Contracts as defined in
subclause (vii) of Clause 3 Definitions.
9. Saturday and
Sunday Work
(i) All employees
required to work their ordinary hours on a Saturday shall be paid the hourly
rate applicable for their classification as set out in the appropriate table in
Part B, Monetary Rates.
(ii) All employees
required to work their ordinary hours on a Sunday shall be paid the hourly rate
applicable for their classification as set out in Sunday (A) in the appropriate
table in Part B, Monetary Rates.
(iii) Employees who
as at 19 January 1994 received double time for ordinary hours of work on a
Sunday shall continue to do so and shall be paid the hourly rate applicable for
their classification as set out in Sunday (B) in the appropriate table in Part
B, Monetary Rates.
(iv) An employee
required to work ordinary hours on a Sunday shall be paid a minimum of three
hours for each start, except where the provisions of paragraphs (a) or (b) of
subclause (iii) of clause 12, Part-time Employees, applies, in which case a
minimum of two hours shall apply.
(v) Employees
required to work on a Sunday not part of their ordinary hours shall be paid for
all time so worked at double time.
10. Overtime and Meal
Allowances
(i) Subject to
clause 9, Saturday and Sunday Work, for all work done outside the ordinary
hours the rate of pay shall be time and one half for the first two hours and
double time thereafter. In computing
overtime, each day's work shall stand alone.
(ii) Employees
required to work two hours or more overtime after their normal shift shall
receive a 20-minute crib break at the end of the normal shift at the ordinary
time rate of pay. If overtime extends
beyond a total of four hours, a further 20-minute crib break at overtime rates
shall be granted.
(iii) Meal
Allowances - Where an employee is required to work overtime in excess of two
hours on any day or shift without being notified of such requirement on or
prior to the termination of work on the previous day or shift, as the case may
be, the employee shall be paid an allowance as set out in Item 17 of Tables 5A
and 5B - Other Rates and Allowances, of Part B, Monetary Rates, or be supplied
with a meal to the value of such rate and, if required to work four or more
hours overtime, shall be paid an allowance as set out in Item 18 of the said
Tables 5A and 5B or be supplied with a meal to the value of such rate for each
four hours of overtime worked.
(iv) Reasonable
Hours -
a. Subject to
sub-clause b, 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 sub-clause (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.
11. Call Back and
Rest Break
(i) An employee
required to attend the employer's premises and/or the premises of a client or
clients of an employer for any reason other than carrying out the employees
rostered duties after leaving the employees place of employment (whether
notified before or after leaving the employees place of employment), shall be
paid a minimum of four hours' pay at the appropriate rate for each such
attendance; provided that this subclause shall not apply where a period of duty
is continuous (subject to a meal break) with the completion or commencement of
ordinary working time.
(ii) Rest Period
After Overtime - Where overtime work is necessary it shall, wherever reasonably
practicable, be so arranged that employees have at least ten consecutive hours
off duty between the work of successive days.
An employee who works so much overtime between the
termination of the employees ordinary work on one day and the commencement of
the employees ordinary work on the next day that the employee has not had at
least ten consecutive hours off duty between those times shall, subject to this
subclause, be released after completion of such overtime until the employee has
had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence. It
is the employees responsibility to have the required break but if, on the
instructions of their employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty, the employee shall be
paid at double rates until the employee is released from duty for such period
and the employee shall then be entitled to be absent until the employee has had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
The provisions of this subclause shall apply, in the
case of shift workers, as if eight hours were substituted for ten hours when
overtime is worked.
12. Part-Time
Employees
(i) Part-time
employees may be employed under the terms of this award, subject to the
following conditions:
(a) Such employees
shall be engaged by the week for a constant number of ordinary hours each week
less than the ordinary number of hours prescribed for full-time employees.
(b) Such employees
shall be paid in accordance with the appropriate provisions of clause 7, Wages.
(ii) Part-time
employees may be employed on broken shifts as follows:
(a) Any such
employment shall be worked in no more than two shifts per day over five
consecutive days within the spread of hours prescribed for broken shift workers
in subclause (i) of clause 5, Hours.
(b) Employees so
employed shall be paid a minimum payment of 20 ordinary hours per week (or four
hours per day) at the appropriate hourly rate.
Any penalty or overtime payment or any entitlement which may arise under
any other provision(s) of this award shall be paid in addition.
(c) Any third or
subsequent shifts or start per day shall be covered by the provisions of clause
11, Call Back and Rest Break.
(iii) Subject to
paragraphs (a), (b) and (c) of this subclause, part-time employees shall be
paid a minimum payment of three hours at the appropriate ordinary hourly rate
for each start, provided that:
(a) Where only one
employee is employed at a small location, the employee shall work and be paid
on a one-shift basis of no less than two hours where the total assessed
cleaning area is 500 square metres or more, and no less than one hour where the
total assessed cleaning area is less than 500 square metres.
(b) Where two or
more employees are employed at a location, one employee may be employed and
paid on a one-shift basis of no less than two hours each day (i.e., ten
ordinary hours per week) at the appropriate rate; provided that the other
employees are engaged in accordance with the minimum start provisions as
provided for elsewhere in this award.
(c) Employees
shall be paid a minimum payment of two hours at the appropriate rate for each
start on a Saturday where that shift is overtime or where the shift is ordinary
time and only one employee is employed in the building or location.
(d) The said
minimum payments shall not be in substitution for any penalty or overtime
payment which may arise under any other provision(s) of this award.
(e) The provisions
of paragraphs (a), (b) and (c) of this subclause also apply to casual employees
as defined in subclause (iv) of clause 3, Definitions.
(iv) By agreement
with the employer, a part-time employee who normally works their ordinary hours
on a one-shift basis (rather than as a broken shift) may, on a Monday or a
Friday only, work an additional shift despite the provisions of clause 5,
Hours; provided that:
(a) this subclause
shall apply only to establishments which are open and trade for seven days of
the week; and
(b) this subclause
shall not apply to employees engaged pursuant to the New South Wales Government
Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions.
(v) Second
Engagement for Full-time Employees at the Part-time Rate - After the cessation
of ordinary hours of work, a full-time employee may be engaged on a second
engagement as a part-time employee with the same employer on the following
basis:
(a) The second
engagement as a part-time employee shall be a separate engagement from the
employees full-time position and will attract and be paid all award and statutory
entitlements.
(b) Termination of
employment in either engagement shall not prejudice employment in the other
engagement.
(c) The hours of
work in the part-time second engagement shall, as far as possible, be
continuous with the cessation of the ordinary hours of work as a full-time
employee.
(d) The part-time
second engagement shall be for a constant number of ordinary hours per week
less than the ordinary number of hours prescribed for full-time employees in
subclause (ii) of clause 3, Definitions.
(e) Full-time
employees working extended ordinary hours in accordance with subclause (ii) of
clause 5, Hours, shall not be engaged on a second engagement as a part-time
employee, and are excluded from the provisions of this subclause.
(vi) Employees under
this award engaged as part-time employees may, by mutual agreement, work
additional hours above their regular rostered hours for the purposes of
relieving a short term absence, provided that such additional hours are
continuous with the cessation of their regular rostered ordinary hours. Such additional hours shall be paid at the
casual rate of pay as set out in Column C of Tables 1A and 1B - Wages -
Cleaning Services Stream, Tables 2A and 2B - Wages - Property Services Stream,
and Tables 4A and 4B - Wages - Hospital Cleaners, of Part B, Monetary
Rates. The said rate of pay shall be
the minimum ordinary rate of pay in respect of ordinary hours worked Monday to
Friday. All hours worked in excess of
eight ordinary hours shall be paid at the appropriate overtime rates in
accordance with clause 10, Overtime and Meal Allowances, of this award. Such additional hours shall attract an
entitlement to superannuation and shall be separately identified on an
employees payslip.
13. Casual Employees
Casual employees may be employed under the terms of this
award, subject to the following conditions:
(i) The
definition of a casual employee (see subclause (iv) of clause 3, Definitions).
(ii) The ordinary
hours of work of casual employees shall be subject to the limitations
applicable to full-time employees.
Provided that the provision for the part-time employees in subclause
(xi) of clause 3, Definitions, shall also apply to casual employees.
(iii) A casual
employee shall be paid a minimum of three hours for each engagement, unless
otherwise provided for in this award, except where engaged pursuant to the
provisions of subclause (iii) of clause 12, Part-time Employees.
(iv) Payment of
Wages - Casual employees shall be paid, by electronic funds transfer into a bank
or other such account, all moneys that are due on termination or completion of
engagement on the next working day after such termination or completion;
provided that payment may be made by cheque and sent by pre-paid post to the
employee on the next working day after termination if so requested by the
employee.
(v) The rate of
pay for a casual employee as set out in Column C of Tables 1A and 1B - Wages -
Cleaning Services Stream, of Part B, Monetary Rates, is inclusive of any
payment due to an employee in lieu of annual leave.
14. Supported Wage
(i) Definitions -
This clause defines the conditions which will apply to employees who, because
of the effects of a disability, are eligible for a supported wage under the
terms of this award. In the context of
this clause, the following definitions will apply:
(a) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in Supported Wage System: Guidelines and Assessment
Process.
(b) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(c) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, or any successor to that scheme.
(d) "Assessment
Instrument" means the form provided under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(ii) Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productivity capacity, and who meet the
impairment criteria for receipt of a Disability Support Pension.
(This clause does not apply to any existing employee
who has a claim against the employer which is subject to the provisions of
workers' compensation legislation or any provision of this award relating to
the rehabilitation of employees who are injured in the course of their current
employment.)
(This award does not apply to employers in respect of
their facility, program, undertaking, service or the like which receives
funding under the Disability Services Act 1986 and fulfils the dual role
of service provider and sheltered employer to people with disabilities who are
in receipt of, or are eligible for, a disability support pension, except with
respect to an organisation which has received recognition under section 10 or
section 12A of the said Act or, if a part only has received recognition, that
part.)
(iii) Supported
Wage Rates - Employees to whom this clause applies shall be paid the applicable
percentage of the rate of pay prescribed by this award for the class of work
which the person is performing, according to the following schedule:
Assessed Capacity
|
Percentage of
Prescribed
|
(subclause (d))
|
Award Rate
|
|
|
10%*
|
10
|
20%
|
20
|
30%
|
30
|
40%
|
40
|
50%
|
50
|
60%
|
60
|
70%
|
70
|
80%
|
80
|
90%
|
90
|
(Provided that the minimum amount payable shall not be
less than the amount as set out in Item 19 of Tables 5A and 5B - Other Rates
and Allowances, of Part B, Monetary Rates.
* Where a person's assessed capacity is 10 per cent,
they shall receive a high degree of assistance and support.
(iv) Assessment of
Capacity - For the purpose of establishing the percentage of the award rate to
be paid to an employee under this award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and documented
in an assessment instrument by either:
(a) the employer
and a union party to the award, in consultation with the employee or, if
desired, by any of these;
(b) the employer
and an accredited assessor from a panel agreed to by the parties to the award
and the employee.
(v) Lodgement of
Assessment Instrument -
(a) All assessment
instruments under the conditions of this clause, including the appropriate
percentage of the award wage to be paid to the employee, shall be lodged by the
employer with the Registrar of the Industrial Relations Commission of New South
Wales.
(b) All assessment
instruments shall be agreed to and signed by the parties to the assessment;
provided that, where a union which is party to the award/agreement is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and shall take effect, unless an objection is notified to the
Registrar within ten working days.
(vi) Review of
Assessment - The assessment of the applicable percentage should be subject to
annual review, or earlier on the basis of a reasonable request for such a
review. The process of review shall be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
(vii) Other Terms
and Conditions of Employment - Where an assessment has been made, the
applicable percentage will apply to the wage rate only. Employees covered by the provisions of this
clause will be entitled to the same terms and conditions of employment as all
other employees covered by this award paid on a pro rata basis.
(viii) Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause must take reasonable steps to make changes in the workplace to
enhance the employees capacity to do the job.
Changes may involve redesign of job duties, working time arrangements
and work organisation in consultation with other employees in the area.
(ix) Trial Period -
(a) In order for
an adequate assessment of the employees capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
(b) During the
trial period, the assessment of capacity shall be undertaken and the proposed
wage rate for a continuing employment relationship shall be determined.
(c) The minimum
amount payable to the employee during
the trial period shall be no less than the amount as set out in Item 19
of Tables 5A and 5B - Other Rates and Allowances, of Part B, Monetary Rates.
(d) Work trials
should include induction or training as appropriate to the job being trialed.
(e) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trail period, a further contract of employment
shall be entered into, based on the outcome of assessment under subclause (iv)
of this clause.
15. Payment of Wages
(i) The employer
shall pay wages and other moneys to employees either weekly or fortnightly,
depending on the employer's pay period, and the time of payment shall not be
more than 48 hours from the time when such wages become due and shall not be
later than Thursday in each week. An
employer may pay in cash or by cheque or electronic funds transfer; provided
that payment other than in cash shall not remove the obligation to pay as
prescribed by this clause.
(ii) The employer
shall specify the day upon which wages shall be paid, in accordance with
subclause (i) above, and any employee who is not paid on such day shall be paid
overtime rates for all time subsequently worked until payment is made. Provided further that where an employee is
normally paid on the job or at the work site and such employee is rostered off
duty on a day which coincides with pay day, then such employee shall be paid no
later than the working day immediately following pay day.
(iii) Should a pay
be miscalculated or incorrectly shown on a payslip, the right to claim waiting
time shall be waived, provided that the employee has been paid the ordinary
base rate of pay and provided, further, that such underpayment or error is
corrected and paid to the employee within five working days of notification by
the employee to the pay office of the employer concerned. Where such underpayment or error is not
corrected and paid to the employee within five working days then waiting time
as provided for in subclause (ii) of this clause shall apply. For the purposes
of this subclause, working days shall mean week days.
(iv) An employee,
other than a casual employee, shall be paid their termination monies by no
later than within five working days of the date of the termination.
16. Relieving in
Other Positions Or Classifications
(i) An employee
required to work in another position or classification for 50 per cent or more
of the ordinary hours rostered for their day or shift, on duties carrying a
higher rate of pay than the employees ordinary classification, then such
employee shall be paid the higher rate for the whole of such day or shift;
provided that where an employee is engaged for less than 50 per cent of their
ordinary hours on any day or shift, then the employee shall be paid the higher
rate for time so worked only.
(ii) An employee
who is called upon to perform duties for which a lower rate of pay is fixed
shall not suffer any reduction in pay for the carrying out of such duties.
17. Miscellaneous
Conditions
(i) Clothing -
Clean clothing shall be supplied where the employer requires such to be worn.
(ii) Cleaning
Materials - All cleaning materials and equipment shall be supplied by the
employer.
(iii) Boiling Water
- Hot water shall be provided by the employer where practicable.
(iv) Accommodation
for Meals - Employers shall allow employees to eat their meals in a suitable
place protected from the weather, and every such employee shall leave such
place in a thoroughly clean condition.
(v) The following
items, which shall remain the property of the employer, shall be supplied to
employees:
(a) Rubber Boots -
Where employees are required to work in water or in "wet areas" such
as toilet ablution blocks and external areas where water is used as part of the
cleaning process.
(b) Rubber Gloves
- Where employees are required to clean toilets or to use acids or other
injurious substances.
(c) Dressing
Accommodation - Suitable dressing rooms or dressing accommodation and lockers
where it is necessary or customary for employees to change their dress or
uniform.
(d) Protective
Clothing - Suitable wet weather clothing, including a waterproof coat or cape,
waterproof hat, trousers and boots, where an employee is required to work in
inclement weather.
(e) Eye goggles
for cleaners who are required to empty rubbish tins and tend incinerators, or
work in areas where airborne particles are a hazard.
(f) Long rubber
gloves when using detergents or similar cleaning chemicals.
(g) Leather gloves
for cleaners who are required to collect rubbish bins, carry refuse and sweep
outside areas.
(h) Broad brim
hats for cleaners who are required to work out of doors.
(vi) Lifting of
Weights - An employee shall not be required or permitted to lift or carry by
hand a greater weight than that prescribed in the Occupational Health and
Safety (Manual Handling) Regulation 1991 to the Occupational Health and
Safety Act 2000.
Each machine or item of equipment required to be used
by an employee having a net weight of over nine kilograms shall have attached
to it a painted sign or permanent label specifying the net weight (in
kilograms) of such machine or item of equipment.
(vii) Security
Licence - Where an employee is required to hold either a Class 1A or 1B licence
pursuant to the provisions of the Security Industry Act 1997 and the
Security Industry Regulation 1998 such employee shall have the cost of such
licence reimbursed by the employer on completion of each 12 months' service on
production by the employee of the original receipt issued by the New South
Wales Police Department.
(viii) Pest Control
Licence - Where an employee is required to hold a pest control licence or
permit, such employee shall have the cost of such licence reimbursed by the
employer.
(ix) Medical
Examinations - Employees who are engaged to carry out pest control duties under
this award shall undergo medical examinations every 12 months. The cost of such medical examinations shall
be met by the employer. The employer is
to keep records of such medical examinations, which shall be made available to
the employee concerned on request.
(x) High Cleaning
- After 5.00 p.m., employees shall not be required to clean the outside of
windows above the ground floor or the inside of windows if the employee is
required to work more than three metres from the floor level.
(xi) Protective
Clothing - Where cleaners are required to clean areas designated by the
employer to be "high risk" the following protective clothing must be
provided as a minimum:-
Disposable overalls
Appropriate gloves suitable for the work to be
performed
Face Masks
Goggles
Appropriate protective footwear suitable for the work
being performed.
In addition cleaners who are required to work in areas
designated by the employer to be "high risk" areas shall be provided
with Hepatitis C and/or A vaccinations.
Such vaccinations shall be provided to the employee at the employer’s
cost.
18. Public Holidays
(i) The following
holidays shall be observed: New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas
Day and Boxing Day and any day which may hereafter be proclaimed as a public
holiday throughout the State and the picnic day of the union, which shall be
held on the first Monday in August each year.
Where a substituted day is proclaimed or gazetted to
replace any of the above days, the substituted day shall be the public holiday
in lieu of the original day.
(ii) For employees
other than those engaged pursuant to the New South Wales Government Sites
Cleaning Contracts, picnic day shall be held as follows:
(a) An employer
may substitute an alternative Monday or Friday within a six-month period of the
first Monday in August as an alternative picnic day holiday, provided that the
employees are notified in writing as at the first Monday in August of the date
of such alternative day and, provided further, where an employees employment is
terminated and the employee has not taken an alternative day, the employee
shall be paid an additional day's pay on termination of employment.
(b) Where another
day is observed as a holiday by the general body of workers in any building or
establishment where the employee is usually employed, then such day shall be
substituted for the picnic day of the union for such employees not required to
work in that building or establishment on that day.
(iii) For employees
engaged pursuant to the New South Wales Government Sites Cleaning
Contracts the date the picnic day is to
be taken at the various sites shall be agreed between the employer and the
union by December of the year before the picnic day is due to be taken.
(iv) Full-time and
part-time employees shall be entitled to the above holidays without loss of
pay.
(v) Employees
shall be paid at the rate of double time and one half for all time worked on
the above public holidays, with a minimum payment of three hours, except where
the provisions of paragraphs (a) or (b) of subclause (iii) of clause 12, Part-time Employees, applies, in
which case a minimum of two hours shall apply.
(vi) Except where a
full-time or part-time employee is dismissed for serious and wilful misconduct,
such an employee whose services are terminated by notice given by an employer
to expire ten days or less before a public holiday or a group of public
holidays, shall be entitled to be paid for such holiday or group of holidays in
accordance with subclauses (i) and (ii) of this clause.
(vii) Seven-day
Shift Workers -
(a) Where a public
holiday occurs on a rostered day off of a seven-day shift worker, other than an
RDO given pursuant to the provisions of clause 6, Rostered Days Off (RDO), and:
(1) Such employee
is not required to work on that day, the employer shall add an additional day's
pay to the employees weekly wage in respect of such day.
(2) The employer
may, in lieu of the payment prescribed in subparagraph (1) of this paragraph,
add a day to the employees annual leave.
(3) The provisions
of this clause shall not apply to a part-time weekend employee as defined in
subclause (iii) of clause 3, Definitions.
(4) The provisions
of subparagraphs (i) and (ii) of this paragraph shall not apply to employees
engaged on a non-rotating roster.
19. Annual Leave
(i) See Annual
Holidays Act 1944.
(ii) Seven-day
Shift Workers -
(a) In addition to
the leave prescribed by the said Act, a further period of one week's leave at
the appropriate ordinary rate shall be allowed annually to employees after not
less than 12 months continuous service as seven-day shift workers under this
award.
(b) An employee
with 12 months continuous service who is employed for part of the 12-month
period as a seven-day shift worker under this award shall be entitled to have
the leave prescribed by the said Act increased by an amount of 3.5 hours for
each month such employee is continuously employed as aforesaid.
(c) Where the
additional leave calculated under this subclause includes a fraction of a day,
such fraction shall not include a part of the leave period and any fraction
shall be discharged by payment only.
(d) For the
purpose of this clause, a seven-day shift worker means a weekly employee who is
employed in accordance with the provisions of subclause (xvi) of clause 3,
Definitions, and subclause (v) of clause 18, Public Holidays, and shall not
include a part-time weekend employee as defined in subclause (iii) of the said
clause 3.
(iii) Employees employed
pursuant to a New South Wales Government Sites Cleaning Contract who are
employed within the County of Yancowinna shall be entitled to five weeks annual
leave each year.
(iv) The rates of
pay for casual employees as set out in
Column C of Tables 1A to 4B of Part B, Monetary Rates, shall be inclusive of
any payment due to employees in lieu of annual leave.
20. Annual Leave
Loading
(i) During a
period of annual leave, a full-time employee shall receive a loading calculated
at the rate of 17.5 per cent of the day shift rate of pay for a cleaner as set
out in Tables 1A and 1B - Wages - Cleaning Services Stream, of Part B, Monetary
Rates. The loading will be paid in
addition to the rates of pay paid for the applicable period of leave and in
addition to the benefits prescribed by clause 19, Annual Leave.
(ii) During a
period of annual leave, a part-time employee shall receive a loading calculated
at the rate of 17.5 per cent of the employees ordinary time rate. The loading will be paid in addition to the
benefits prescribed by the said clause 19.
(iii) When the
employment of an employee terminates for a cause other than misconduct or
resignation 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 the employee became
entitled, such employee shall be paid a loading calculated in accordance with
subclauses (i) and (ii) of this clause for the period of leave not taken.
21. Sick Leave
(i) An employee
who, after not less than three months' continuous service with the employer, is
unable to attend for duty during the employees ordinary working hours by reason
of personal illness or incapacity not due to the employees own serious or
wilful misconduct, shall be entitled to be paid at ordinary time rates of pay
for the time of such non-attendance, subject to the following conditions and
limitations:
(a) The employee
shall not be entitled to paid leave of absence for any period in respect of
which such employee is entitled to payment under the Workers' Compensation
Act 1987, the Workers Compensation Legislation Act 1998 and the Workplace
Injury Management and Workers Compensation Act 1998.
(b) The employee
shall, where practicable, three hours before the commencement of the shift, or
in any case within 24 hours of the commencement of such absence, inform the
employer of the employees 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.
(c) The employee shall
furnish to the employer satisfactory evidence that the employee was unable, on
account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed. A
statutory declaration shall be deemed to be satisfactory evidence for the first
three single day absences in any one sick leave year and thereafter an employer
may accept statutory declarations at the employer's discretion.
(d) Subject to
subclause (iii) of this clause, the employee shall not be entitled in the first
year of service to more than five days' sick leave and to not more than ten
days' sick leave in the second and subsequent years of service.
(e) Subject to
subclause (iv) of this clause, during the first year of employment an employee
shall be entitled to sick leave on the following basis:
After the first two months of continuous service - 1
day;
after four months' completed service - 2 days;
after six months' completed service - 3 days;
after eight months' completed service - 4 days;
after ten months' completed service - 5 days.
(f) During the
second and each subsequent year of service, an employee shall be entitled to
ten days' sick leave.
(ii) Part-time
Employees - For the purposes of this clause, part-time employees shall be
entitled to sick leave in accordance with paragraph (d) of subclause (i) of
this clause. A Part-time employees
payment for sick leave, shall be based on the number of ordinary hours for
which the employee was rostered to work on the day or days of the absence.
(iii) Cumulative Sick
Leave - The rights under this clause shall accumulate from year to year so that
any part of the entitlement which has not been allowed in any year may, subject
to the conditions prescribed by this clause, be claimed by the employee and
shall be allowed by the employer in any subsequent year of employment.
(iv) Definition of
Continuous Service -
(a) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by:
(1) any absence
from work on leave granted by the employer; or
(2) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall, in each case, be upon the employee); provided that time
so lost shall not be taken into account in computing the qualifying period of
three months.
(b) Service before
the date of coming into force of this award shall be taken into account in
computing the qualifying period of three months.
(v) Attendance at
Hospital - Notwithstanding anything contained in subclause (i) of this clause,
a full- time or part-time employee suffering injury or illness arising out of
and in the course of the employees employment (not being an injury in respect
of which the employee is entitled to workers' compensation benefits),
necessitating attendance during working hours on a doctor, chemist or trained
nurse, or at a hospital, shall not suffer any deduction from such employees pay
for the time (not exceeding four hours) so occupied on the day of the accident
and shall be reimbursed by the employer for all expenses, including fares,
reasonably incurred in connection with such attendance.
(vi) Employees
engaged pursuant to the New South Wales Government Sites Cleaning Contracts
shall be entitled to the transfer of all accrued sick leave whilst employed by
the Government Cleaning Service as set out in the New South Wales Government
Sites Cleaning Contracts.
22. Personal/Carer's
Leave
(i) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person as set out in subparagraph (2) of paragraph (c) of this subclause, who
needs the employees care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, provided
for in clause 21, 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:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(ii) 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 as set
out in subparagraph (2) of paragraph (c) of subclause (i) who is ill.
(iii) 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.
(iv) 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 the time
accrued at overtime rates shall be made at the expiry of the 12-month period or
on termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(v) Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(vi) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
23. Bereavement Leave
(i) An employee,
after one month's continuous employment with the employees present employer and
on production of evidence satisfactory to that employer shall, on the death of
a person as prescribed in subclause (iii) of this clause, be granted a maximum
of three days on full pay in any one year as bereavement leave, provided that
such leave shall be granted to an employee in respect of the death of a person
prescribed in the said subclause (iii) outside Australia if such employee
attends the funeral and subsequently returns to the employees employment, in
which case, the payments for such leave shall be made to the employee upon such
employees return. Provided,
furthermore, that where a memorial service in the year of the death is held
within Australia for a death overseas, bereavement leave of one day's duration
shall be provided where satisfactory evidence is produced to the employer.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide, to the
satisfaction of the employer, proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purpose of personal/carer's leave as set out in subparagraph
(2) of paragraph (c) of subclause (i) of clause 22, Personal/Carer's Leave and
shall be taken to include mother in law and father in law, provided that, for
the purpose of bereavement leave, the employee need not have been responsible
for the care of the person concerned.
(iv) 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.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv) (v) and (vi) of the said clause 22. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
24. Parental Leave
Employees shall be entitled to maternity, paternity or
adoption leave in connection with the birth or adoption of a child, subject to
and in accordance with Chapter 2, Part 4, Division 1, Parental Leave, of the Industrial
Relations Act 1996.
25. Repatriation Leave
Employees being ex-Service personnel shall be allowed, as
time worked, lost time incurred whilst attending repatriation centres for
medical examination and/or treatment; provided that:
(a) Such lost time
does not exceed eight hours on each occasion.
(b) Payment shall
be limited to the difference between the ordinary wage rate for time lost and
any payment received from the Department of Veterans' Affairs as a result of
each such visit.
(c) The provisions
of this clause will apply to a maximum of four such attendances in any one year
of service with an employer.
(d) The employee
produces evidence satisfactory to the employer that the employee is required to
attend, and subsequently does attend, a
repatriation centre.
26. Jury Service
Leave
(i) An employee
shall be allowed leave of absence during any period when required to attend for
jury service.
(ii) During such
leave of absence, an employee shall be paid the difference between the jury
service fees received and the normal rates of pay as if working.
(iii) An employee
shall be required to produce to the employer proof of jury service fees
received and proof of requirement to attend and attendance on jury service, and
shall give the employer notice of such requirement as soon as practicable after
receiving notification to attend jury service.
27. Long Service
Leave
See Long Service Leave Act 1955.
28. Superannuation
The subject is dealt with extensively by legislation,
including the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993 and
section 124 of the Industrial Relations Act 1996. This legislation, as varied from time to
time, governs the Superannuation rights and obligations of the parties.
The required superannuation contributions in accordance with
the Superannuation Guarantee (Administration) Act 1992 are as set out in
subclause (iv), Contributions, of this clause.
Notwithstanding the above, the provisions in this award
shall also apply.
(i) Definitions -
In this clause:
(a) "ARF"
means the Australian Retirement Fund established and governed by a Trust Deed
and Rules dated 11 July 1986 (as may be amended from time to time).
(b) "Union"
means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales Branch.
(c) "Ordinary
Time Earnings" means:
(1) the award
classification rate;
(2) any overaward
payment;
(3) any weekend
and public holiday penalty rates earned by shift workers on normal rostered
shifts forming the ordinary hours of duty when not worked as overtime;
(4) all allowances
relating to work and conditions, other than expense related allowances.
(ii) Fund -
(a) For the
purposes of this award, contributions made by employers in accordance with the
provisions of subclause (iv), Contributions, of this clause shall be paid to
ARF.
(b) An employer
bound by this award shall become a participating employer by:
(1) forwarding to
ARF a signed Admission Agreement to become a participating employer by the end
of the calendar month in which admission is sought; and
(2) acceptance by
the Trustees of ARF of the Admission Agreement.
(c) Each employer
bound by this award shall provide every employee who is not already a member of
ARF with a membership application form for ARF upon commencement of
employment. Subject to section 124 of
the Industrial Relations Act 1996, each employee shall be required to complete
such form and the completed form shall be forwarded to ARF by each employer by
the end of the calendar month in which employment commences.
(iii) Eligibility
of Employees -
(a) An employee
shall become eligible to join ARF on the day of commencement of employment.
(b) Subject to
paragraph (a) of this subclause, an employee shall be enrolled in ARF upon the
acceptance by ARF of a membership application form and shall, subject to the
approval of the Trustees, be deemed to be a member of the scheme from the day
of commencement of employment.
(iv) Contributions
-
(a) Full-time
Employees - An employer shall contribute to ARF, in respect of each employee,
such contributions as are required to comply with the Superannuation
Guarantee (Administration) Act 1992.
(b) Part-time and
Casual Employees - An employer shall contribute to ARF, in respect of each
employee, such contributions as are required to comply with the Superannuation
Guarantee (Administration) Act 1992, and the Superannuation Guarantee
Charge Act 1992, or on the basis listed below, whichever is the greater:
(1) For part-time
employees working a broken shift, a payment of $12.50 per week for each
complete week employed.
(2) For part-time
and casual employees a payment of $6.00 for each week in which the employee is
employed.
(3) For part-time
and casual employees who, at the date of commencement of this award, were
receiving $6.50 per week a payment of $6.50 each week the employee is employed.
(c) An employee
shall not be required to contribute during any period of unpaid leave, such as
sick leave or maternity leave. An
employer shall not be required to contribute during any period when an employee
is entitled to receive weekly workers' compensation benefits if a contribution
is not required under the Superannuation Guarantee (Administration) Act
1992 or under any Superannuation Guarantee Ruling issued from time to time by
the Australian Taxation Office.
(d) Notwithstanding
the provisions of the Superannuation Guarantee (Administration) Act
1992, contributions shall be paid for eligible employees earning less than
$450.00 per month.
(e) Notwithstanding
the provisions of the Superannuation Guarantee (Administration) Act
1992, contributions shall be paid for eligible part-time employees under 18
years of age.
(f) Subject to
the other provisions of this award, an employer shall be liable to pay
contributions for an employee from the day of commencement of employment,
notwithstanding that enrolment in ARF is affected subsequent to that date.
(g) An employer
shall contribute to ARF, on or before the last day of the calendar month, the
total of the weekly contribution amounts accruing for that month in respect of
each employee.
(h) An employee
who is a member of ARF and was having contributions paid in accordance with
this award at the employees previous place of employment shall continue to have
contributions paid on the employees behalf from the date of commencing
employment with the current employer.
(i) Subject to
subclause (h) of this clause, no contribution shall be made for any employee
unless that employee remains in employment at the end of the month in which
employment commenced.
The employer shall, in respect of each employee, pay
into ARF an amount equal 9 percent of the employees gross ordinary time
earnings.
(j) Contributions
in accordance with this clause shall be required to be made by an employer on
behalf of any employee who was over the age of 65 years as at 1 July 1997. Contributions shall continue to be made on
behalf of all employees until such time as an employee turns 70 years of age.
(k) An employer
shall ensure that contributions made on behalf of an employee by the employer,
in accordance with the provisions of this clause, are separately identified on
the employees payslip on each occasion that wages are paid, and shall include
such details as the name of the superannuation fund and the amount being
contributed on the employees behalf.
29. Trade Union
Training Leave
(i) The employer
shall allow 20 employees from each zone for which an employer has been awarded
the contract three days leave per year, paid at the ordinary rate of pay
applying to the employee at the time of taking such leave, for the purpose of
attending TUTA courses or similar training.
(ii) The employer
shall consider requests for such leave from any union member employed by the
employer who has been nominated by the unions.
(iii) Permission to
attend such leave by the employer shall not be unreasonably withheld.
(iv) This clause
shall only apply to employees engaged pursuant to the New South Wales
Government Sites Cleaning Contracts.
30. Union Delegates
(i) An employee
appointed job delegate or co-delegate at the place in which the employee is
employed shall, upon notification thereof to their employer, be recognised as
the accredited representative of the union.
(ii) An accredited
job delegate or co-delegate shall be allowed the necessary time during working
hours to interview the employer or their representative on matters affecting
employees.
(iii) An accredited
job delegate or co-delegate shall be allowed a reasonable period of time during
working hours to interview a duly accredited official of the union.
31. Enterprise
Arrangements
See Industrial Relations Act 1996.
32. Consultation
At each enterprise (business) there shall be established a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
and productivity.
33. Anti
Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(a) Nothing in
this clause is to be taken to affect:
(b) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(c) offering or
providing junior rates of pay to persons under 21 years of age;
(d) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977
(e) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(iv) 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.
(v) 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."
34. Past Services
Entitlement
Former public sector services for sick leave, long service
leave, maternity leave and redundancy entitlement shall be recognised by the
employer for employees employed pursuant to the New South Wales Government
Sites Cleaning Contracts.
35. Exemption
This award shall not apply to any annual salaried employee
employed as a supervisor if such employees base ordinary salary equals or
exceeds the rate payable to Supervisors/Building Services Employees - Grade 2
under the provisions of Part B, Monetary Rates.
36. Non-Reduction of
Existing Wages and Conditions
Employees whose employment is current at the time of the
making of this award shall not suffer any reduction in take-home pay as a
result of this award coming into force.
37. Traineeships
(i) Application -
(a) Subject to
paragraphs (b), (c) and (d) of this subclause, this award shall apply to
trainees and employers who have entered into a current training contract
approved and accredited by the State Training Authority.
(b) Notwithstanding
the foregoing, this award shall not apply to employees who were employed by an
employer bound by this award prior to the date of approval of a traineeship
scheme relevant to the employer, except where agreed between the employer and
the Union.
(c) At the
conclusion of the traineeship, this clause ceases to apply to the employment of
the trainee and the award shall apply to the former trainee.
(d) The provisions
of this clause shall only apply to trainees who would ordinarily be classified
under the cleaning services stream and/or hospital services stream of the
award.
(ii) Objectives -
The objectives of this clause are:
(a) To assist in
the establishment of a system of traineeships which provides approved training
in conjunction with employment in order to enhance the skill levels and future
employment prospects of trainees. The
system is neither defined nor intended for those who are already trained and
job ready. It is not intended that
existing employees shall be displaced from employment by trainees. Nothing in this clause shall be taken to
replace the prescription of training requirements in this award.
(b) To provide,
through the traineeship scheme for structured training, time to advance a
trainee from entry level competence to the attainment of competence sufficient
for qualification at the Australian Qualifications Framework 2 or above.
(c) To facilitate
the development of vocational training consistent with the needs of the
industry, and to enhance the skills levels and future career and employment
prospects of trainees through various education and training pathways,
including a combination of work, education and structured training, on and off
the job.
(d) To facilitate
the implementation of the traineeship that is based on national competency
standards endorsed by the National Training Quality Committee.
(iii) Definitions -
(a) "Approved
Training" means training undertaken (both on or off the job) in a
traineeship and shall involve formal instruction, both theoretical and
practical, and supervised practice in accordance with a traineeship scheme
approved by the State Training Authority.
The training will be accredited and lead to qualifications as set out in
subclause (iv), Training Conditions, of this clause.
(b) "Australian
Qualifications Framework" (or AQF) means the national framework of
qualifications as agreed by the Ministerial Council for Employment Education
Training and Youth Affairs (MCEETYA).
(c) "Relevant
Union" means the Australian Liquor, Hospitality and Miscellaneous Workers
Union, New South Wales Branch.
(d) "Trainee"
means an employee who is bound by a traineeship agreement made in accordance
with this award.
(e) "Traineeship"
means a system of training which has been developed by the Property Services
Industry Training Advisory Board and approved by the relevant State Training
Authority. A traineeship shall provide
for a minimum of 20 hours and training-related employment each week.
(f) "Traineeship
Agreement" shall mean an agreement made subject to the terms of this award
between an employer and the trainee for a traineeship and which is registered
with the relevant State Training Authority or under the provisions of the appropriate
State legislation.
(g) "Appropriate
State Legislation" means the following:
New South Wales: Vocational Education and Training
Accreditation Act 1990 or any successor legislation.
(h) "State
Training Authority", for the purposes of this award, means the New South
Wales Department of Education and Training "DET".
(i) "DET"
means the New South Wales Department of Education and Training.
(iv) Training
Conditions -
(a) The trainee
shall attend an approved training course or training program prescribed in the
traineeship agreement or as notified to the trainee by the State Training
Authority.
(b) A traineeship
shall not commence until the relevant traineeship agreement has been signed by
the employer and the trainee and lodged for registration with the State
Training Authority; provided that if the traineeship agreement is not in a
standard format a traineeship shall not commence until the traineeship
agreement has been registered with the State Training Authority. The employer shall ensure that the trainee
is permitted to attend the training course or program provided for in the
traineeship agreement and shall ensure that the trainee receives the
appropriate on-the-job training.
(c) The employer
shall provide a level of supervision in accordance with the traineeship
agreement during the traineeship period.
(d) The employer
agrees that the overall training program will be monitored by officers of the
State Training Authority and that training records or work books may be
utilised as part of this monitoring process.
(e) Training shall
be directed at:
(1) the
achievement of key competencies required for successful participation in the
workplace (where these have not been achieved) (e.g. literacy, numeracy,
problem solving, team work, work using technology), and as are proposed to be
included at the AQF 1 level. This could
be achieved through foundation competencies which are part of endorsed
competencies for an industry or enterprise; and/or
(2) the
achievement of competencies required for successful participation in an
industry or enterprise (where there are endorsed national standards these will
define these competencies), as are proposed to be included in the AQF
Certificate 2 or above.
(v) Employment
Conditions -
(a) A trainee
shall be engaged as a part-time employee for a maximum of one year's duration,
provided that a trainee shall be subject to a satisfactory probation period of
up to one month which may be reduced at the discretion of the employer.
(b) Should a
full-time position become available, a trainee who chooses to can transfer from
part-time to full-time employment. A
trainee who is offered and accepts a full-time position cannot be compulsorily
transferred back to a part-time position.
The Union shall be notified of any instances where a trainee takes up a
full-time traineeship position.
(c) An employer
shall not terminate the employment of a trainee without firstly having provided
written notice of termination to the trainee concerned.
(d) An employer
who chooses not to continue the employment of a trainee upon the completion of
the traineeship shall notify, in writing, the Union and the State Training
Authority of that decision, giving reasons why such employment is not
available.
In circumstances where such reasons are not deemed to
be satisfactory by the State Training Authority and the Union, the employer
shall not be eligible to engage additional trainees for a period of 12 months,
or for such lesser period as may be approved.
(e) The trainee
shall be permitted to be absent from work without loss of continuity of
employment and wages to attend the training in accordance with the traineeship
agreement.
(f) Where the
employment of a trainee by an employer is continued after the completion of the
traineeship period, such traineeship period shall be counted as service for the
purposes of this award or any other legislative entitlements.
(g)
(1) The
traineeship agreement may restrict the circumstances under which the trainee
may work overtime and shift work in order to ensure the training program is
successfully completed.
(2) No trainee
shall work overtime or shift work on their own unless consistent with the
provisions of this award.
(3) No trainee
shall work shift work unless the parties to a traineeship scheme agree that such
shift work makes satisfactory provision for approved training. Such training may be applied over a cycle in
excess of a week, but must average over the relevant period no less than the
amount of training required for non-shift work trainees, subject to the
provisions of paragraph (b) of subclause (iv),Training Conditions, of this
clause.
(h) All other
terms and conditions of this award that are applicable to the trainee shall
apply unless specifically varied by this clause.
(i) A trainee who
failed to either complete the traineeship or who cannot for any reason be
replaced in work based on "ordinary hours" of work, as prescribed
under this award, with the employer on successful completion of the traineeship
shall not be entitled to any severance payments payable pursuant to
termination, change and redundancy provisions or provisions similar thereto.
A trainee who successfully completes the prescribed
training program and is assessed as competent to perform to the required
industry standard within one year shall be considered as available for work as
prescribed in the relevant award.
(j) The right of
entry provisions contained in the award shall apply to the parties bound by
this clause.
(vi) Wages -
(a) The wage
payments hereunder shall only apply to trainees while they are undertaking an
approved traineeship which includes approved training as defined in this
clause.
(b) The wages
payable to trainees shall be 80 per cent of those provided for in the relevant
award for employees classified under either the cleaning services stream or the
hospital cleaners stream of this award, for all time worked including such time
as is spent on approved training, or any other such formula as agreed by an
approving authority, the Union and the employer.
(c) Time spent on
approved training shall be 20 per cent of the total time of the period of
engagement of the employee under the traineeship agreement.
(d) The trainee
shall be entitled to overtime and shift penalty rates and allowances prescribed
by this award. The trainee wage shall
be the basis for the calculation of overtime and shift penalty rates.
(e) In cases where
a trainee is engaged on a part-time basis and accepts a full-time traineeship
position, the proportion of training time shall increase proportionate to the
increase in overall weekly hours; that is, the trainee shall increase the time
spent on approved training to 20 per cent of 38 hours per week, or one day per
week.
(vii) Supersession -
Any existing award provisions for the Australian Vocational Education and
Training system shall not apply to any employer bound by this clause, except in
relation to New Apprentices who commenced a New Apprenticeship with the
employer before the employer was bound by this award.
(viii) Union -
Employer Co-operation -
(a) The parties to
this award shall meet regularly with relevant training authorities to monitor
the implementation of the traineeship scheme within the industry.
(b) To further
enhance the prevention and settlement of industrial disputes, the parties agree
to the following principles of co-operation:
(1) The employer
will advise the appropriate State Secretary of the union of the proposed
engagement of trainees. This advice
will include name, employment location and commencement date for each trainee.
(2) Trainees
employed in this program will not replace existing permanent employees.
(3) The employer
is committed to:
promote the benefits of Union membership to all
trainees;
issue application forms;
agree that a representative of the Australian Liquor,
Hospitality and Miscellaneous Workers Union, New South Wales Branch, will be
able to address all new trainees during induction for the purpose of discussing
issues such as occupational health and safety, employment and training
conditions, and Union membership.
38. Grievance
Procedure
(i) Procedures
relating to grievances of individual employees and/or groups of employees:
(a) The employee
is required to notify the employer if there is a grievance and request a
meeting with the employer.
(b) A grievance
must first be dealt with in the workplace if possible and, if not resolved, an
opportunity allowed for further discussions.
(c) Reasonable
time limits must be allowed for discussions.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employees grievance, if the matter has not been resolved, including reasons for
not implementing any proposed remedy.
(e) If the matter
is still not resolved, it shall be referred to the Industrial Relations
Commission of New South Wales.
(f) While these
procedures are being followed, normal work must continue.
(ii) Procedures
relating to disputes etc. between employers and their employees.
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduate steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) If the matter
is still not resolved, it shall be referred to the Industrial Relations
Commission of New South Wales.
(d) While a
procedure is being followed, normal work must continue.
(iii) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
39. Sub-Contracting
(i) Where a
company, associated company, group or person (hereinafter jointly and severally
referred to as "the principal contractor") has been engaged to
perform commercial or retail cleaning services and the said principal
contractor engages a party (which party shall be hereinafter referred to as
"the sub-contractor") to perform any portion of the commercial or
retail cleaning services it shall be the responsibility of the principal
contractor to take all reasonable steps to ensure that the subcontractor
adheres to the rates of pay and conditions contained in this Award.
(ii) If the union
is notified by any party or otherwise becomes aware that the sub-contractor is
in breach of this Award then the union shall serve by courier or registered
mail upon the sub-contractor and the principal contractor a written Notice
specifying the terms of the Award which the union reasonably believes the
sub-contractor to be in breach.
(iii) If the
subcontractor fails to give the union a satisfactory reply to the said Notice
within 7 days of receipt of the Notice then the union may institute a Dispute
Notification to the Industrial Relations Commission New South Wales and may as
part of that Dispute Notification process seek to invoke the power of the
Commission under Sections 379 and 380 of the Industrial Relations Act
1996 (NSW) for recovery of remuneration due to employees of the sub-contractor.
(iv) Notwithstanding
the provisions of Section 127(2) of the Industrial Relations Act 1996 a
principal contractor may be liable for the payment of remuneration to employees
of a sub-contractor if:
(a) the
sub-contractor has failed to pay employees correctly under the terms of this
Award; and
(b) where the
sub-contractor has given a written statement to the principal contractor that
it will pay employees correctly under the terms of this Award and has failed to
comply with the said written statement.
(v) In all other
respects the provisions of Section 127(2) of the Industrial Relations Act 1996
(NSW) shall apply.
(vi) This provision
shall apply to all sub-contractor arrangements designed to supply labour only
to a contract for the provision of commercial or retail cleaning services and
shall include pyramid sub-contracting in all its forms.
(vii) This provision
shall only apply to sub-contract arrangements operating on or after 1 April
2002.
40. Area, Incidence
and Duration
1. This award
rescinds and replaces the Cleaning and Building Services Contractors (State)
Award published 29 August 2003 (341 IG 173), as varied.
2. This award
shall apply to employees of any employer contracted to provide cleaning
services and who, in addition, may provide ancillary property maintenance
services, gardening services, grounds maintenance, commissionaire services and
customer service facilities in New South Wales. This award shall also apply to employees of any employer
contracted to provide luggage trolley collecting in New South Wales. This award shall not apply to employees
under the following awards:
Metal and Engineering Industry (New South Wales)
Interim Award published 8 June 2001 (325 I.G. 209), as varied;
Electrical, Electronic & Communications Contracting
Industry (State) Award made 22 June 2005, as varied;
Plumbers and Gasfitters (State) Award published 25
February 2000 (313 I.G. 709) as varied;
Building and Construction Industry Labourers' On Site
(State) Award published 6 March 1992 (268 I.G. 455), as varied;
Building Tradesmen (State) Construction Award published
16 July 1975 and reprinted 23 May 1984 (233 I.G. 1371), as varied;
Plant, &c., Operators on Construction (State) Award
published 16 November 2001, 329 I.G. 625), as varied;
Transport Industry - Mixed Enterprises Interim (State)
Award published 23 November 2001 (229 I.G. 748), as varied;
Nurseries Employees (State) Award published 12 April
2001 (323 I.G. 1041) as varied;
Miscellaneous Workers' - Independent Schools and
Colleges, &c. (State) Award published 4 May 2001 (324 I.G. 579), as varied;
Miscellaneous Gardeners, &c. (State) Award
published 20 April 2001 (324 I.G. 16), as varied;
Landscape Gardeners, &c. (State) Award published 25
May 2001 (324 I.G. 1275), as varied;
Pest Control Industry (State) Award published 24 November
2000 (320 I.G. 592), as varied.
Miscellaneous Workers’ - General Services (State) Award
published 8 December 2000 (320 I.G. 1078), as varied;
Security Industry (State) Award published May 2005 (350 I.G. 827), as varied;
Retail Services Employees (State) Award published 5
October 2001 (328 I.G. 261), as varied;
Caterers Employees (State) Award published 13 July 2001
(326 I.G. 78), as varied;
Flats, Residentials, &c., (State) Award published 5
January 1983 (228 I.G. 58), as varied;
Motels, Accommodation and Resorts, &c., (State)
Award published 31 August 2001 (327 I.G. 244), as varied;
Parking Attendants, &c., (State) Consolidated Award
published 8 December 2000 (320 I.G. 1171), as varied;
Building Employees Mixed Industries (State) Award published
16 November 2001 (329 I.G. 577), as varied;
Exhibition Industry (State) Award published 6 October
2000 (319 I.G. 1), as varied.
3. This award
shall take effect from the beginning of the first full pay period to commence
on or after 1 July 2005 and shall remain in force until 30th June 2007.
PART B
MONETARY RATES
Table 1A - Wages -
Cleaning Services Stream
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2005:
|
Column A
|
Column B
|
Column
C
|
Classification
|
Full-time
|
Part-time
|
Total
Rate Per
|
|
Weekly Rate
|
Employee
|
Hour
Casual
|
|
|
Hourly Rate
|
Employee
|
|
$
|
$
|
$
|
Cleaners
|
Night Shift Worker A*
|
-
|
18.06
|
19.57
|
|
Night Shift Worker B
|
676.90
|
16.39
|
17.76
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
601.70
|
16.39
|
17.76
|
|
Day Shift Worker A
|
533.20
|
16.39
|
17.76
|
|
Day Shift Worker B#
|
533.20
|
16.93
|
18.33
|
Building Service
|
Night Shift Worker A*
|
-
|
18.98
|
20.56
|
Employee Grade 1
|
Night Shift Worker B
|
714.50
|
17.22
|
18.66
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
634.90
|
17.22
|
18.66
|
|
Day Shift Worker
|
561.40
|
17.22
|
18.66
|
Building Service
|
Night Shift Worker A*
|
-
|
20.42
|
22.12
|
Employee Grade 2
|
Night Shift Worker B
|
771.00
|
18.51
|
20.05
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
685.00
|
18.51
|
20.05
|
|
Day Shift Worker
|
606.20
|
18.51
|
20.05
|
NOTATION: *The Rate of Pay for Night Shift Worker A shall
apply to those part-time/casual employees who as at 12 July 1996 were engaged
on night shift.
# The Rate of Pay for Day Shift Worker B shall apply to
those employees who are engaged pursuant to a contract awarded by the NSW
Government State Contract Control Board as defined in subclause (vii) of clause
3, Definitions.
Table 1B - Wages -
Cleaning Services Stream
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2006:
|
Column A
|
Column B
|
Column C
|
|
Full-time
|
Part-time
|
Total Rate Per
|
Classification
|
Weekly Rate
|
Employee
|
Hour Casual
|
|
|
Hourly Rate
|
Employee
|
|
$
|
$
|
$
|
Cleaners
|
Night Shift Worker A*
|
-
|
18.42
|
19.96
|
|
Night Shift Worker B
|
699.20
|
16.72
|
18.12
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
621.60
|
16.72
|
18.12
|
|
Day Shift Worker A
|
550.80
|
16.72
|
18.12
|
|
Day Shift Worker B#
|
550.80
|
17.26
|
18.70
|
Building Service
|
Night Shift Worker A*
|
-
|
19.36
|
20.97
|
Employee Grade 1
|
Night Shift Worker B
|
738.10
|
17.56
|
19.02
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
655.90
|
17.56
|
19.02
|
|
Day Shift Worker
|
579.90
|
17.56
|
19.02
|
Building Service
|
Night Shift Worker A*
|
-
|
20.83
|
22.57
|
Employee Grade 2
|
Night Shift Worker B
|
796.40
|
18.88
|
20.45
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
707.60
|
18.88
|
20.45
|
|
Day Shift Worker
|
626.20
|
18.88
|
20.45
|
NOTATION: *The Rate of Pay for Night Shift Worker A shall
apply to those part-time/casual employees who as at 12 July 1996 were engaged on
night shift.
#The Rate of Pay for Day Shift Worker B shall apply to those
employees who are engaged pursuant to a contract awarded by the NSW Government
State Contract Control Board as defined in subclause (vii) of clause 3,
Definitions.
Table 2A - Wages -
Property Services Stream
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2005:
|
Column A
|
Column B Total
|
Column C
|
Classification
|
Total Rate Per
|
Rate Per Hour
|
Total Rate Per
|
|
Week Full-time
|
Part-time
|
Hour Casual
|
|
Employee
|
Employee
|
Employee
|
|
$
|
$
|
$
|
Property Services
|
|
|
|
|
Employee Level 1
|
Night Shift Worker
|
595.60
|
14.55
|
15.76
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
530.50
|
14.55
|
15.76
|
|
Day Shift Worker
|
484.40*
|
14.55
|
15.76
|
Property Services
|
|
|
|
|
Employee Level 1A
|
Night Shift Worker
|
606.40
|
14.68
|
15.90
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
541.20
|
14.68
|
15.90
|
|
Day Shift Worker
|
484.40*
|
14.68
|
15.90
|
Property Services
|
|
|
|
|
Employee Level 2
|
Night Shift Worker
|
626.70
|
15.27
|
16.55
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
558.10
|
15.27
|
16.55
|
|
Day Shift Worker
|
494.20
|
15.27
|
16.55
|
Property Services
|
|
|
|
|
Employee Level 2A
|
Night Shift Worker
|
632.30
|
15.40
|
16.70
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
563.70
|
15.40
|
16.70
|
|
Day Shift Worker
|
499.70
|
15.40
|
16.70
|
Property Services
|
|
|
|
|
Employee Level 3
|
Night Shift Worker
|
688.70
|
16.68
|
18.06
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
613.10
|
16.68
|
18.06
|
|
Day Shift Worker
|
542.30
|
16.68
|
18.06
|
Property Services
|
|
|
|
|
Employee Level 4
|
Night Shift Worker
|
722.60
|
17.43
|
18.88
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
643.10
|
17.43
|
18.88
|
|
Day Shift Worker
|
568.70
|
17.43
|
18.88
|
Property Services
|
|
|
|
|
Employee Level 5
|
Night Shift Worker
|
750.20
|
18.05
|
19.56
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
667.50
|
18.05
|
19.56
|
|
Day Shift Worker
|
590.30
|
18.05
|
19.56
|
* Notation: Rates so marked have effect from 5 October 2005.
Table 2B - Wages -
Property Services Stream
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2006:
|
Column A
|
Column B
|
Column C
|
|
Total Rate Per
|
Total Rate Per
|
Total Rate Per
|
Classification
|
Week Full-time
|
Hour Part-time
|
Hour Casual
|
|
Employee
|
Employee
|
Employee
|
|
$
|
$
|
$
|
Property Services
|
|
|
|
|
Employee Level 1
|
Night Shift Worker
|
615.30
|
14.84
|
16.08
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
548.00
|
14.84
|
16.08
|
|
Day Shift Worker
|
496.60
|
14.84
|
16.08
|
Property Services
|
|
|
|
|
Employee Level 1A
|
Night Shift Worker
|
626.40
|
14.97
|
16.21
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
559.10
|
14.97
|
16.21
|
|
Day Shift Worker
|
496.60
|
14.97
|
16.21
|
Property Services
|
|
|
|
|
Employee Level 2
|
Night Shift Worker
|
647.40
|
15.58
|
16.88
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
576.50
|
15.58
|
16.88
|
|
Day Shift Worker
|
510.50
|
15.58
|
16.88
|
Property Services
|
|
|
|
|
Employee Level 2A
|
Night Shift Worker
|
653.20
|
15.71
|
17.03
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
582.30
|
15.71
|
17.03
|
|
Day Shift Worker
|
516.20
|
15.71
|
17.03
|
Property Services
|
|
|
|
|
Employee Level 3
|
Night Shift Worker
|
711.40
|
17.01
|
18.42
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
633.30
|
17.01
|
18.42
|
|
Day Shift Worker
|
560.20
|
17.01
|
18.42
|
Property Services
|
|
|
|
|
Employee Level 4
|
Night Shift Worker
|
746.40
|
17.78
|
19.26
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
664.30
|
17.78
|
19.26
|
|
Day Shift Worker
|
587.50
|
17.78
|
19.26
|
Property Services
|
|
|
|
|
Employee Level 5
|
Night Shift Worker
|
775.00
|
18.41
|
19.95
|
|
Broken/Afternoon/Early
|
|
|
|
|
Morning Shift Worker
|
689.50
|
18.41
|
19.95
|
|
Day Shift Worker
|
609.80
|
18.41
|
19.95
|
Table 3A - Wages -
Event Services Stream
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2005:
|
Column A
|
Classification
|
Total Hourly Rate
Casual Employee
|
|
$
|
Rate 1
|
Monday to Friday
|
Event Services Employee Level 1
|
17.75
|
Event Services Employee Level 2
|
18.65
|
Event Services Employee Level 3
|
20.05
|
Rate 2
|
Saturday, Sunday and Public Holiday
|
Event Services Employee Level 1
|
24.95
|
Event Services Employee Level 2
|
26.27
|
Event Services Employee Level 3
|
28.36
|
Table 3B - Wages -
Event Services Stream
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2006:
|
Column A
|
Classification
|
Total Hourly Rate
Casual Employee
|
|
$
|
Rate 1
|
Monday to Friday
|
Event Services Employee Level 1
|
18.11
|
Event Services Employee Level 2
|
19.02
|
Event Services Employee Level 3
|
20.45
|
Rate 2
|
Saturday, Sunday and Public Holiday
|
Event Services Employee Level 1
|
25.45
|
Event Services Employee Level 2
|
26.80
|
Event Services Employee Level 3
|
28.93
|
Table 4A - Wages -
Public Hospital Cleaners
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2005:
|
Column A
|
Column B
|
Column C
|
|
Full-time
|
Part-time
|
Total Rate Per
|
Classification
|
Employee
|
Employee
|
Hour Casual
|
|
Weekly Rate
|
Hourly Rate
|
Employee
|
|
$
|
$
|
$
|
Cleaner
|
Night Shift Worker
|
710.00
|
19.27
|
20.88
|
|
Broken Shift Worker
|
683.80
|
18.60
|
20.15
|
|
Afternoon/Early Morning
|
|
|
|
|
Shift Worker
|
631.20
|
17.25
|
18.70
|
|
Day Shift Worker
|
558.70
|
15.22
|
16.48
|
Building Service
|
|
|
|
|
Employee Grade 1
|
Night Shift Worker
|
749.30
|
19.76
|
21.40
|
|
Broken Shift Worker
|
721.30
|
19.07
|
20.67
|
|
Afternoon/Early Morning
|
|
|
|
|
Shift Worker
|
655.80
|
17.67
|
19.13
|
|
Day Shift Worker
|
589.40
|
15.59
|
16.88
|
Table 4B - Wages -
Public Hospital Cleaners
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2006:
|
Column A
|
Column B
|
Column C
|
|
Full- time
|
Part-time
|
Total Rate Per
|
Classification
|
Employee
|
Employee
|
Hour Casual
|
|
Weekly Rate
|
Hourly Rate
|
Employee
|
|
$
|
$
|
$
|
Cleaner
|
Night Shift Worker
|
735.50
|
19.67
|
21.31
|
|
Broken Shift Worker
|
706.40
|
18.97
|
20.55
|
|
Afternoon/Early Morning
|
|
|
|
|
Shift Worker
|
652.00
|
17.61
|
19.08
|
|
Day Shift Worker
|
577.10
|
15.52
|
16.81
|
Building Service
|
|
|
|
|
Employee Grade 1
|
Night Shift Worker
|
774.00
|
20.16
|
21.84
|
|
Broken Shift Worker
|
745.10
|
19.45
|
21.07
|
|
Afternoon/Early Morning
|
|
|
|
|
Shift Worker
|
687.80
|
18.02
|
19.52
|
|
Day Shift Worker
|
608.90
|
15.90
|
17.22
|
Table 5A - Other
Rates and Allowances
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2005:
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
8(i)
|
Leading Hand in charge 1-5 employees
|
27.50 per week
|
|
|
Leading Hand in charge 6-10 employees
|
33.60 per week
|
|
|
Leading Hand in charge of 11-15 employees
|
40.20 per week
|
|
|
Leading Hand in charge of 16-20 employees
|
45.50 per week
|
|
|
Over 20 employees
|
49.80 per week
|
|
|
Plus an additional weekly amount for each employee
|
|
|
|
exceeding 20
|
1.09 per week
|
|
|
Certificate IV in Asset Maintenance
|
12.40 per week
|
2
|
8(iii)
|
Qualification Allowance
|
12.50 per week
|
3
|
8(v)
|
First-aid Allowance
|
2.21 per day or
shift
|
4
|
8(vi)
|
Refuse Disposal, sorting or feeding of incinerators,
|
|
|
|
furnaces, crushers or compactors
|
4.05 per day or
shift
|
5
|
8(vii)
|
Cleaning 1 to 10 toilet cubicles and/or urinals
|
2.08 per day
|
|
|
Cleaning more than 10 toilet cubicles and/or urinals
|
2.77 per day
|
6
|
8(viii)
|
Hygiene Maintenance Allowance
|
3.40 per day
|
7
|
8(ix)
|
For use of scaffolds, bosun's chairs or similar devices
|
$2.10 per hour or
|
|
|
|
part thereof
|
8
|
8(x)
|
Excess Fares Allowance
|
9.71 per week
|
9
|
8(xi)
|
Locomotion Allowance - use of vehicle
|
0.57 per kilometre
|
10
|
8(xii)
|
Locomotion Allowance - use of bicycle
|
1.29 per day
|
11
|
8(xiv)
|
Travelling Allowance
|
0.57 per kilometre
|
12
|
8(xv)
|
Broken Hill - remote area allowance
|
14.70 per week
|
13
|
8(xvi)
|
Pool/Spa Cleaning
|
13.40 per week
|
14
|
8(xviii)(a)
|
Infection Allowance - Hospital Cleaners
|
3.33 per shift or
|
|
|
|
part thereof
|
15
|
8(xviii)(b)
|
Nauseous Linen - Hospital Cleaners
|
2.83 per shift or
|
|
|
|
part thereof
|
16
|
8(xviii)(c)
|
Laundry Allowance - Hospital Cleaners
|
3.30 per week
|
17
|
10(iii)
|
Meal Allowance
|
8.26
|
18
|
10(iii)
|
Meal Allowance
|
5.66
|
19
|
14(c)
|
Minimum payment for a supported wage
|
59.50 per week
|
20
|
8(ixx)
|
Fork Lift Driving
|
32.00 per week
|
21
|
8(xx)
|
Offensive Cleaning
|
3.40 per day
|
Table 5B - Other
Rates and Allowances
The following rates shall take effect on and from the first
full pay period to commence on or after 1 July 2006:
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
8(i)
|
Leading Hand in charge of 1-5 employees
|
28.40 per week
|
|
|
Leading Hand in charge of 6-10 employees
|
34.70 per week
|
|
|
Leading Hand in charge of 11-15 employees
|
41.50 per week
|
|
|
Leading Hand in charge of 16-20 employees
|
47.00 per week
|
|
|
Over 20 employees
|
51.40 per week
|
|
|
Plus an additional weekly amount for each employee
|
|
|
|
exceeding 20
|
1.13 per week
|
|
|
Certificate IV in Asset Maintenance
|
12.81 per week
|
2
|
8(iii)
|
Qualification Allowance
|
12.90 per week
|
3
|
8(v)
|
First-aid Allowance
|
2.28 per day
|
4
|
8(vi)
|
Refuse Disposal, sorting or feeding of incinerators,
|
|
|
|
furnaces, crushers or compactors
|
4.18 per day or
shift
|
5
|
8(vii)
|
Cleaning 1 to 10 toilet cubicles and/or urinals
|
2.15 per day
|
|
|
Cleaning more than 10 toilet cubicles and/or urinals
|
2.86 per day
|
6
|
8(viii)
|
Hygienic Maintenance Allowance
|
3.50 per day
|
7
|
8(ix)
|
For use of scaffolds, bosun's chairs or similar devices
|
2.17 per hour or
|
|
|
|
part thereof
|
8
|
8(x)
|
Excess Fares Allowance
|
10.03 per week
|
9
|
8(xi)
|
Locomotion Allowance - use of vehicle
|
0.59 per kilometre
|
10
|
8(xii)
|
Locomotion Allowance - use of bicycle
|
1.33 per day
|
11
|
8(xiv)
|
Travelling Allowance
|
0.59 per kilometre
|
12
|
8(xv)
|
Broken Hill - remote area allowance
|
15.20 per week
|
13
|
8(xvi)
|
Pool/Spa Cleaning
|
13.80 per week
|
14
|
8(xviii) (a)
|
Infection Allowance - Hospital Cleaners
|
3.44 per shift or
|
|
|
|
part thereof
|
15
|
8(xviii)(b)
|
Nauseous Linen - Hospital Cleaners
|
2.92 per shift or
|
|
|
|
part thereof
|
16
|
8(xviii)(c)
|
Laundry Allowance - Hospital Cleaners
|
3.40 per week
|
17
|
10(iii)
|
Meal Allowance
|
8.53
|
18
|
10(iii)
|
Meal Allowance
|
5.85
|
19
|
14(c)
|
Minimum payment for a supported wage
|
61.50 per week
|
20
|
8(ixx)
|
Fork Lift Driving
|
33.10 per week
|
21
|
8(xx)
|
Offensive Cleaning
|
3.50 per day
|