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

 

 

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:

 

 

(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:

 

 

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:

 

 

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:

 

 

* 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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

Table 6A - Saturday and Sunday Ordinary Time Hourly Rates - 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:

 

 

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.

 

** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.

 

Table 6B - Saturday and Sunday Ordinary Time Hourly Rates - 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:

 

 

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.

 

**The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.

 

Table 7A - Saturday and Sunday Ordinary Time Hourly Rates - 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:

 

 

NOTATION:

 

** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.

 

Table 7B - Saturday and Sunday Ordinary Time Hourly Rates - 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:

 

 

** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.

 

Table 8A - Saturday and Sunday Ordinary Time Hourly Rates - 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:

 

 

** The Sunday ordinary time rate of pay of double-time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.

 

Table 8B - Saturday and Sunday Ordinary Time Hourly Rates - 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:

 

 

** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.