ROYAL AGRICULTURAL SOCIETY NSW CONSENT ENTERPRISE AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Royal Agricultural Society of New South Wales.

 

(No. IRC 4378 of 2005)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Parties

3.         Application

4.         Period of Operation

5.         Scope

6.         Rates of Pay

7.         Occupational Superannuation

8.         Skill Level Definitions

9.         Training

10.       Terms of Engagement

11.       Termination of Employment

12.       Hours of Work and Time Off

13.       Rostering (Ordinary Hours)

14.       Overtime (excluding "Show Period")

15.       Meal Breaks and Allowances

16.       Sick Leave

17.       Annual Leave

18.       Annual Leave Loading

19.       Public Holidays

20.       Payment of Wages

21.       First-aid Allowance

22.       Parental Leave

23.       Personal Carers’ Leave

24.       Jury Service

25.       Long Service Leave

26.       Bereavement Leave

27.       Introduction of Change

28.       Redundancy

29.       Amenities

30.       Disciplinary Procedure

31.       Disputes Procedure

32.       Union Business

33.       Anti Discrimination and Harassment

34.       No Extra Claims

 

PART B

 

MONETARY RATES

Tables 1A, 1B, & 1C - Rates of Pay

Table 2 - Other Rates and Allowances

 

2.  Parties

 

The parties to this award are:

 

The Royal Agricultural Society of NSW ABN 69793644351 (herein referred to as "the Company"), its employees and the Australian Workers' Union (Greater New South Wales Branch).

 

(Varied in C No 2111 of 2000, Commissioner Tabbaa, Decision dated 29 May 2000)

 

3.  Application

 

(a)        This paid rates award is binding on the Royal Agricultural Society of NSW, employees of the said Company, and The Australian Workers' Union (Greater New South Wales Branch) representing its members, employees of the Company, in respect to employment conditions and rates of pay for the Company’s employees in New South Wales.

 

(b)        This award will not apply to persons primarily engaged in relation to the sale and/or preparation of food, snacks and/or beverages which are produced for and/or sold to the public and, in respect to employees who come under the constitutional coverage of Australia Liquor, Hospitality and Miscellaneous Worker Union, New South Wales Branch, will only apply to the following locations:

 

(i)         Sydney Showground and services directly provided in association with events at the Showground.

 

(ii)        The AGVIEW event and other events administered by the Royal Agricultural Society of New South Wales.

 

(c)        The terms and conditions of employment of employees covered by this award will stand fully in place of those contained in any previous award having application to the company’s activities for the period of the operation of this award, pursuant to the Industrial Relations Act 1996. 

 

This Award rescinds and replaces the Royal Agricultural Society NSW Consent Enterprise Award 2002 published 11 April 2003 (339 I.G. 182).

 

4.  Period  of Operation

 

This Award will take effect from 1 July 2005 until 30 June 2008, subject to the provisions of the Industrial Relations Act (NSW) 1996.

 

5.  Scope

 

This award shall cover all employees engaged in Operational and Maintenance functions within the Company.

 

6.  Rates of Pay

 

(a)        The rates of pay in this award take into account structural efficiency changes and safety net wage increases resulting from the State Wage Case decisions as well as productivity based working conditions and work practices.  Rates of pay include a loading in lieu of penalty rates on Saturdays, Sundays and Public Holidays and payment for all allowances with the exception of uniform, first aid, and meal allowances

 

(b)        Separate rates of pay will apply to all employees for the period of the Royal Easter Show are indicated as the "Show Rate" as set out in Table 1.  These rates include a special loading, which stands in place of, and is intended to compensate for, all penalty rates, including work on Saturdays, Sundays and Public Holidays and for all overtime and allowances excluding uniform and first aid allowances.  The "Show Period" is defined as: "that time over which the Royal Easter Show is conducted, including one day before and three days after the event".

 

(c)        Wage Rate Schedule:

 

(i)         Rates of pay for adult employees are as set out in Tables 1a, 1b & 1c - Rates of Pay, of Part B, Monetary Rates.

 

(ii)        If by 1 July 2005, the increase in the All Capitals Consumer Price Index for the preceding year exceeds the wage increase set out in Table 1b, employees will receive the difference between that wage increase and that All Capitals Consumer Price Index increase.

 

(iii)       If by 1 July 2006, the increase in the All Capitals Consumer Price Index for the preceding year exceeds the wage increase set out in Table 1c, employees will receive the difference between that wage increase and that All Capitals Consumer Price Index increase.

 

(iv)       Any dispute concerning the implementation of the arrangements outlined in sub-clauses (ii) and (iii) above, should be dealt with in accordance with clause 31 (Disputes Procedure) of this Consent Award

 

(d)        Apprentices will be paid as follows:

 

 

Junior Employees will be paid as follows: Operational Skill Levels 1 and 2

 

 

(e)        In additional to the above rates, weekly full time and part-time employees will be paid a uniform allowance payable throughout the year on the basis of an amount as set out in Item 1 of Table 2- Other Rates and Allowances, of the said Part B, being paid each week while at work except during the weeks of the "Show Period". The uniform allowance is paid to those employees who are issued with uniforms on the basis that the employees will be responsible for the maintenance of the uniform.

 

(f)         An employee will only be classified and paid at a higher level of skill if the Company has a vacancy at that level and the employee has attained the necessary skills and has been accredited to a higher level.  The employee will be paid the rate for that classification regardless of the actual task carried out in the enterprise.

 

(g)        An employee who is required to perform work, for a temporary period, at a higher skill level than that which is normally performed will be paid at the appropriate higher wage rate whilst performing such duties, provided that the work so performed extends beyond four (4) hours.

 

7.  Occupational.  Superannuation

 

Superannuation Legislation

 

(a)        The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints Act 1993 and s.124 of the Industrial relations Act 1996 (NSW).  These legislation, as varied from time to time, govern the superannuation rights and obligation of the parties.

 

(b)        Subject to the requirements of this legislation, superannuation contributions may be made to:

 

(i)         A fund to which a current employee covered by the provisions of the former Events Services Consent Enterprise Award 1995 is a member.

 

(ii)        Any other agreed complying fund

 

8.  Skill Level Definitions

 

(a)        The Company may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training, provided that such duties are not designed to promote de-skilling.

 

(b)        Weekly full-time and Part-time employees may be separately engaged as casual employees under the following conditions:

 

(i)         The work carried out on the separate engagement is not within the usualjob description of the employee concerned and the work to be done is in a section of the establishment separate from the employee’s usual work section.

 

(ii)        That the employee shall receive the appropriate rate of pay for a casual employee engaged in that particular job classification.

 

(iii)       The separate engagement is at the instigation of the employee.

 

(iv)       That any employee working a multi-hire engagement will receive a minimum break of 8 hours between the termination of employment on the multi-hire shift and the commencement of work in the next day.

 

(c)        Junior Employees paid in accordance with clause 6 (d) above, are only to be engaged in Operational Skill classifications at levels 1 and 2.

 

(Varied in C No 6948 of 1999, Commissioner Tabbaa, Decision dated 2 February 2000).

 

(A)          Maintenance

 

Skill Level 2

 

This is the entry level for employees who do not have the appropriate skills and experience needed for classification at higher levels.  Employees at this level perform only routine duties covering simple manual or mechanical tasks and operation of plant and equipment in a safe and workmanlike manner and work under regular supervision.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to those performed by a labourer.

 

Skill Level 3

 

Able to perform tasks at Maintenance Skill Levels 2 and 3 if and when required.  Covers tasks requiring the performance of manual and mechanical skills and operation of plant and equipment and responsibility to ensure that the work is done to the standard required in a safe and workmanlike manner.  Employees may be required to operate certain plant and equipment with the appropriate qualifications.  Employees at this level work under limited supervision.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to those performed by a skilled labourer.

 

Skill Level 4

 

Able to perform tasks at Maintenance Skills Level 2, 3 and 4 if and when required.  This level is equivalent to the unlicensed tradespersons level.  Employees classified as this level require a full Trades Certificate or its equivalent.

 

Tasks at this level cover installation, maintenance and all associated tasks including operation of plant and equipment in a safe and workmanlike manner, preparation of materials and cleaning up, and on the job supervision of skill levels 2 and 3. Employees at this level works under minimum supervision. Without limiting the definition, examples of tasks at this level include, but are not necessary restricted to those performed by a painter, signwriter, carpenter or horticulturist.

 

Level Skill 5

 

Able to perform tasks at Maintenance Skill Levels 2, 3, 4 and 5 if and when required.  This is an advanced tradesperson’s level.  Employees classified at this level require a full Trades License or its equivalent.

 

Tasks at this level cover installation, maintenance and all associated tasks including operation of plant and equipment in a safe and workmanlike manner, preparation of materials and cleaning up, and on-the-job supervision of Skill Levels 2, 3 and 4, etc.  Employees at this level work under minimum supervision and perform minor decision making within the scope of the task.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to, those performed by a licensed electrician or plumber.

 

Level Skill 6

 

Able to perform tasks at Maintenance Skill Levels 2 and 3, if and when required.

 

This is the supervisory level for employees at Maintenance Skill Levels 2 and 3. Covers tasks requiring supervisory skills and the ability to supervise, control and train employees at Maintenance Skill Level 3 and below in a safe and efficient manner.  Performs appropriate administrative functions.

 

Employees at this level work with minimum supervision and perform minor decision making within the scope of the task.

 

Skill level 7

 

Able to perform tasks at Maintenance Skill Level 4 and 5 if and when required.

 

This is the on-the-job leading hand supervisory level for tasks at Maintenance Skill Levels 2, 3, 4 and 5.  Covers tasks requiring supervisory skills and the ability to supervise, control and train employees at the Maintenance Skill Level 5 and below in a safe, effective and efficient manner.  Performs appropriate administrative functions.

 

Employees at this level work only with minimum supervision and perform minor decision making within the scope of the task.

 

Skill Level 8

 

Able to perform tasks at Maintenance Skill Level 4, 5 and 6 if and when required.

 

This is the supervisory level for tasks at Maintenance Skill Levels 2, 3, 4, 5 and 6. Covers tasks requiring supervisory skills at an advanced level and the ability to supervise, control and train employees at the Maintenance Skill Level 5 and below in a safe effective and efficient manner including decision making and appropriate administrative functions.

 

Employees at this level work only with supervision by management in relation to attained objectives.

 

(B)           Operational

 

Skill Level 1

 

This is the entry level for employees who do not have the appropriate skills or experience needed for classification at higher levels.  Employees at this level work under direct supervision and perform only routine duties covering simple manual or mechanical tasks.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to those performed by a Show assistant, cleaner, trainee house person, gate attendant or car park attendant.

 

Skill Level 2

 

Able to perform tasks at Operational Skill Level 1 if and when required.  Employees at this level work under regular supervision. 

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to, those performed by an administrative assistant, gate person, ticket taker, information assistant, usher, ring official, scoreboard attendant, stores assistant, kitchen hand, first aid attendant, house person and car park supervisor.

 

Skill Level 3

 

Able to perform tasks at Operational Skill Levels 1 and 2 if and when required.  Employees at this level work under limited supervision.  Employees at this skill level must demonstrate skill and competency in problem solving, interpersonal and customer relations, security procedures and, where appropriate, cash handling.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to, those performed by a security officer, ticket seller, guest relations officer, wardrobe assistant, make-up assistant, retailing assistant, kiosk attendant and scoreboard operator.

 

Skill Level 4

 

Able to perform tasks at Operational Skill Levels 1, 2, 3 and 4 if and when required.  Employees at this level work under minimum supervision.  Additional competencies and skills include an applied knowledge of the operation and technical systems for safe, effective and efficient operation of the person’s area of expertise in accordance with statutory requirements and Company policies and procedures.  A trade or other appropriate formal qualification may be required.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to, those performed by a, sound/lighting operator, projectionist, audit-visual technician, stores supervisor, cook, camera person, event supervisor and supervisory house person.

 

Skill Level 5

 

Able to perform appropriate skills at Operational Skill Level 1, 2, 3 and 4, train and supervise employees under their control and perform the appropriate administrative and operational functions in accordance with Company policy and procedure and statutory requirements.  Employees at this level work under minimum supervision.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to those performed by an assistant theatre manager, area supervisor, security supervisor, and usher supervisor. .

 

Skill Level 6

 

Within specific areas of technical expertise provides training supervision and technical direction to employees under their control.  Exercises discretion and judgement under general direction within parameters established by management.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to those performed by a wardrobe supervisor, catering supervisor.

 

Skill Level 7

 

Within specific areas of technical expertise provides training supervision and technical direction to employees under their control, exercise discretion and judgement under general direction within parameters established by management.

 

Without limiting the definition, examples of tasks at this level include, but are not necessarily restricted to those performed by: lighting and sound supervisor, box office/ticket selling supervisor.

 

Skill Level 8

 

Works under broad guidance consistent with Company objectives.  Responsible for the planning and management of the work of other individuals and teams.  Requires application of advanced management skills to ensure objectives are formulated and achieved.

 

A typical function at this level would include theatre manager.

 

9.  Training

 

(a)        The Company acknowledges its commitment to provide for its weekly full time and part time employee’s career paths and access to more varied, fulfilling and better paid jobs through training.

 

(b)        No employee will be required to perform work at a level of skill for which that employee has not received accreditation as a result of qualification.  In accordance with the needs of the enterprise, training will be provided to enable weekly full time and part time employees to qualify for classification to and to make a contribution at higher levels of skill by the application of a Training and Accreditation Program.

 

(c)        The Company will accept responsibility for the organisation of "on-the-job" training but employees will assist as required in the training of other employees.  For training "off-the-job" the Company will accept responsibility for arranging the training in all cases where the Company requests such training to meet staffing requirements.

 

(d)        The Company will pay at the classified level of skill during all training undertaken in normal working hours.  For training undertaken "off-the-job" and outside normal working hours, approved by the Company as being in accordance with the needs of the enterprise, the Company will pay all necessary fees and the cost of essential textbooks, literature and stationery.

 

(e)        An employee who undertakes one or more tasks, but not all the tasks, at a higher level of skill than that to which the employee is accredited, as part of their training for qualification to that higher level, will continue to be paid at the classification level rate for which the employee has been accredited.

 

(f)         Where appropriate, the provisions of the Theatrical Employees (Training Wage) (State) Award shall apply to employees covered by this award.

 

10.  Terms of Engagement

 

Weekly Full-time and Part-time Employees

 

(a)        Full-time employees will be engaged by the fortnight and will be paid the rate of pay for the appropriate skill level as set out in Table 1-Rates of Pay, of Part B, Monetary Rates.

 

(b)        Part-time employees may be engaged on the basis of a set number of ordinary hours (less than 76 hours) each fortnight as agreed in advance between the Company and the employee concerned.

 

Part-time employees will be paid pro rata at the rate for the appropriate skill level as set out in the said Table 1.

 

The provisions of subclause (b) of this clause will apply to part-time employees in addition to the other provisions of this award, with the exception that sick leave, annual leave, annual leave loading and family leave will be allowed on a pro rata basis.

 

(c)        Probationary Period: Notwithstanding anything elsewhere contained in clause 10, Terms of Engagement, and Clause 11, Termination of Employment, a maximum of the first three months of full-time and part-time employment will be on a probationary basis and may be terminated by at least two days notice by either side.  Provided that if the required notice is not given during the period the payment or forfeiture of two days wages, depending upon when the termination is effected, will be applied.  The length of the probationary period will be specified in a new employee’s Letter of Appointment.

 

(d)        Despite any other provision of this award, the Company is not required to pay wages to any employee for any day on which that employee cannot be usefully employed because of:

 

(i)         any strike;

 

(ii)        any breakdown of machinery, or

 

(iii)       any stoppage of work for which the Company is not responsible.

 

Casual Employees

 

(a)        Not withstanding anything else contained in this award the following shall be the total conditions of employment for casual employees (i.e. persons engaged by the hour and paid as such), in regard to rostering, hours of work and overtime.

 

(b)        Rates of pay for casual employees (other than those engaged for the "Show Period") are to have an additional 15 per cent loading added to the "Regular Rate" as set out in Table 1-Rates of Pay, of the Part B, Monetary Rates, in lieu of payment for annual leave, sick leave, public holidays, and long service leave.

 

(c)        Casual employees shall be engaged for a minimum of 4 consecutive hours.

 

Casual engagements shall not be cancelled or shortened with less than 2 hours notice.  Where less than 2 hours notice is given to a casual employee of a cancellation or shortening of shift, the minimum engagement of 4 hours shall be paid.

 

(d)        During Show Periods, casuals shall be rostered with at least 8 hours between work on consecutive days.

 

11.  Termination of Employment

 

Weekly Full-time and Part-time Employees

 

(a)        Employment may be terminated by either the Company or the employee at any time during the week by the giving of the following notice (except as provide by subclause (c ) of clause 10, Terms of Engagement, and subclause (f) of this clause):

 

 

Plus one extra week for employees over 45 years of age with less than two years continuous service (except in the case of an employee, giving notice).

 

(b)        An employee who fails to give the appropriate notice may have money withheld to the equivalent of the notice period required.

 

(c)        The Company will not terminate an employee’s employment for reasons related to the employee’s conduct or performance unless the employee has been given the opportunity to defend himself or herself against the allegations made, or the Company could not reasonably be expected to give the employee that opportunity.

 

(d)        A full time or part time employee who has been given notice will be allowed up to one day as time off without loss of pay (at a time convenient to the Company) for the purpose of seeking another job.

 

(e)        Following a request from the terminated employee, the Company will provide a written statement of the period of employment and the type of work performed.

 

(f)         The Company may dismiss any employee without notice for malingering, inefficiency, and neglect of duty or misconduct.  In such case the employee will be paid only up to the time of dismissal.

 

(g)        Abandonment of Employment- The absence of an employee from work for a continuous period exceeding three working days without the consent of the Company or without notification to the Company, shall be prima facie evidence that the employee has abandoned employment and unless the absence is established to the satisfaction of the Company within a period of 14 days as having been due to a reasonable cause, termination shall operate as from the last day of attendance at work or authorised absence.

 

Casual Employees

 

Either the Company or the employee may terminate the employment of a casual employee without the giving of notice.  However, the Company will pay wages for the minimum period as set out in subclause (f) of clause 11, Terms of Engagement, providing the employee works for the reminder of the minimum period if required to do so.

 

12.  Hours of Work and Time Off

 

Weekly Full-time and Part-time Employees

 

To suit the needs of the enterprise ordinary hours will be worked on a rostered basis over a fortnightly period with the following limitations:

 

(a)        A maximum of 76 ordinary hours will be worked in any one fortnightly period.

 

(b)        A maximum of 14 ordinary hours will be worked in any 24-hours period (subject to occupational health and safety considerations).

 

(c)        An employee who works between the hours of midnight and 6.00 am will be paid at the ordinary rate plus a loading of 30 per cent.

 

(d)        Wash up time to be inclusive of ordinary-time hours.

 

13.  Rostering (Ordinary Hours)

 

Weekly Full-time and Part-time Employees

 

(a)        Rosters will be provided at least seven days in advance.  Roster changes given with less than 48 hours notice will incur a penalty of 50 per cent of the appropriate skill level rate to be applied to any shifts worked for which less than 48 hours notice has been given except where the current shift being worked is extended.

 

(b)        If the notice is less than 48 hours it will be optional for the employee to work the roster.

 

(c)        Employees will be engaged for a minimum of 4 consecutive hours.

 

14.  Overtime (Excluding "Show Period")

 

Weekly full time, Part Time and Show Asset Maintenance Casual Employees

 

(a)        For all work performed in excess of 76 hours of ordinary time in any fortnightly period or 12 consecutive hours in any 24-hours period, payment will be made at the rate of double time.  Overtime will be calculated and paid at the end of each fortnightly period.  Payment will be at the rate of pay for the classification level.

 

(b)        By agreement with the Company, a weekly full time or part time employee may take equal work time off in lieu of payment for overtime.  Such time off will normally be taken at a time to suit the needs of the enterprise.  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)        Employees will be required to work a reasonable amount of overtime to meet the operational needs of the enterprise.

 

(d)        A full time or part time employee required to work overtime in excess of ordinary hours on any one day will be entitled to a break of eight hours before resuming work on the next day.  The employee is entitled to be absent until he or she has had eight consecutive hours off duty without loss of pay or ordinary working time occurring during the absence.

 

(e)        If any full time or part time employee is required by the Company to resume ordinary work before the eight hours have elapsed, the employee will be paid at the rate of double time for all time so worked until released from duty for eight consecutive hours.

 

(f)         A weekly full time or part time employee recalled to work after leaving work at the end of the required work for the day will be paid at the rate of double time for minimum of four hours work.  These hours will be calculated and paid at the end of each fortnightly period as provided in subclause (a) of this clause.

 

(g)        A weekly full time or part time employee if, having elected to take time as leave in accordance with paragraph (b) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.  Where no election is made in accordance with the said paragraph (b), the employee shall be paid overtime rates in accordance with the award.

 

Casual Employees (excluding "Show Period")

 

(a)        For all work performed in excess of 12 hours of ordinary time in any 24-hours period, payment will be made at the rate of double time.  Overtime will be calculated and paid at the end of each fortnightly period.  Payment will be at the rate of pay for the classification level.

 

(b)        Overtime shall be calculated on double the casual rate of pay for each hour worked, calculated to the nearest quarter hour.

 

15.  Meal Breaks and Allowances

 

Weekly Full-time and Part-time Employees

 

(a)        All employees will be allowed an unpaid meal break of 30 minutes duration to be taken between four to six hours after the commencement of work (depending on the need of the enterprise).  A maximum of 15 minutes will be allowed for movement to and from the lunchroom. Each subsequent unpaid meal break of similar duration will be taken between four to six hours after the time of the previous meal.

 

(b)        Employees who are required to work through a meal break will be paid at the rate of double time for the period when the meal break would have been taken except during the "Show Period". 

 

(c)        All employees will be allowed a paid refreshment break of ten minutes in the first half of ordinary hours worked on each day, to be taken at the place of work and at a time to suit the needs of the enterprise.

 

(d)        An employee who has worked between midnight and 8.00 am (and has commenced work before 5.00 am) will be provided with a meal by the Company or be paid the amount as set out in Item 2 or Table 2- Other Rates and Allowances, of Part B, Monetary Rates, for each meal break occurring before finishing time except during the "Show Period".

 

(e)        Where overtime of 2 hours or more is required of an employee without notice having being given the day before, a meal allowance as set out in Table 2 - Other Rates and Allowances, will be paid, except during the "Show Period".

 

Casual Employees

 

(a)        All casual employees who work for more than four consecutive hours will be entitled to an unpaid meal break of 30 minutes duration to be taken between four and six hours after commencement of work (depending upon the needs of the operation).  A maximum of 15 minutes will be allowed for movement to and from the lunchroom.  However, an employee who works a shift of less than eight hours may elect not to take the meal break.

 

(b)        After each subsequent four-hour period from the time of the first entitlement the employee will be given a further meal break under similar conditions except during the "Show Period".

 

16.  Sick Leave

 

Weekly Full time and Part time Employees

 

An employee, who is absent from work on account of personal illness or injury by accident not arising out of and in the course of employment and who has been employed for more than 12 weeks, will be entitled to paid leave of absence of ten days for each year of service, subject to the following:

 

(i)         No payment will be made for any absence for which workers’ compensation is paid

 

(ii)        The employee will endeavour to advise the Company of their expected absence prior to the normal commencement time and ensure that such advice is given no later than two hours after that.

 

(iii)       For absences of two days or more the employee will provide satisfactory evidence of the illness of injury.

 

(iv)       Any untaken sick leave at the end of each year’s service will accumulate and be added to the employee’s entitlement for the taking of genuine sick leave.

 

17.  Annual Leave

 

Weekly Full-time and Part-time Employees

 

Annual leave will be allowed to all employees in accordance with the Annual Holidays Act 1994. In particular, the following provisions will apply:

 

(i)         All employees engaged by the fortnight will be given four weeks annual leave for each completed year of service, being paid in advance the rate of pay they normally receive for their skill level for the period of leave taken.

 

(ii)        The annual leave may be taken in one or more periods by agreement between the employer and the employee.

 

(iii)       When a public holiday (as prescribed in clause 22) occurs while an employee is on annual leave then the leave period will be extended by one day for each such holiday that occurs.

 

(iv)       If the employment of a fortnightly paid employee is terminated, that employee will be paid for any outstanding leave entitlement at the normal rate of pay for the employee's skill level, including pro-rata payment for any part of a year's entitlement.

 

18.  Annual Leave Loading

 

Weekly Full-time and Part-time Employees

 

An employee who goes an annual leave will be paid a loading of an additional 17.5 per cent of that employee's regular rate of pay for the period of leave.

 

An employee who is terminated by the Company will be paid a loading as a subclause (a) above for all untaken leave to which the employee is entitled.  No payment will be made to an employee who has been terminated for misconduct in accordance with the provisions of subclause (f) of clause 11, Termination of Employment.

 

19.  Public Holidays

 

For the purposes of this award, the following public holidays have been included in the calculation for the averaging of penalty rates for all employees: New Year's Day, Australia Day, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, and Boxing Day.  When a weekly full-time or part-time employee works on any of these Public Holidays the company will provide a day off work in lieu except during the "Show Period".

 

The following public holidays fall within the "Show Period" when employees are normally required to work.  Compensation for payment in lieu of these holidays has been included in the "Show Rate" of pay for weekly full-time and part-time and casual employee classification levels during this period: Good Friday, Easter Saturday and Easter Monday (and Anzac Day when it falls within the "Show Period").

 

20.  Payment of Wages

 

All moneys payable to employees will be paid on Thursday of each fortnight by electronic funds transfer.

 

For each pay period the employee will be supplied with a written statement showing how the pay has been made up and including details of any deductions.

 

21.  First Aid Allowance

 

An employee who holds an appropriate first-aid certificate and who is appointed by the Company to perform first-aid duties, in addition to ordinary work, will be paid an allowance per day as set out in Item 3 of Table 2- Other Rates and Allowances, of Part B, Monetary rates, in additional to the wage rate as set out in Table 1-Rates of Pay, of the said Part B.

 

22.  Parental Leave

 

Weekly Full time and Part time Employees

 

Employees will be entitled to parental leave as provided by the Industrial Relations Act, 1996.

 

23.  Personal Carers Leave

 

Weekly Full time and Part time Employees

 

(i)         Use of sick leave:

 

(a)        An employee with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause any current of accrued sick leave entitlement, provided for in clause 11, 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 required care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

(c)        a child or an adult child (including an adopted child, a step child, 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 paragraph:

 

(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 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

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) or subclause (1) 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 (5) 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 above, 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 (5) 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 twelve (12) months of the said election.

 

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

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.  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.

 

24.  Jury Service

 

Weekly Full-time and Part-time Employees

 

An employee required to attend for jury service will be reimbursed by the Company the difference between the amounts received for the service and the amount the employee would have earned for ordinary hours, on production of evidence of payment received for the service.

 

25.  Long Service Leave

 

Weekly Full-time and Part-time Employees

 

Employees will be entitled to long service in accordance with the provisions of the Long Service Leave Act, 1955.

 

26.  Bereavement Leave

 

Weekly Full-time and Part-time Employees

 

(i)         An employee shall be entitled to up to two (2) days bereavement leave without deduction of pay on which occasion of the death of a person prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer 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 (ii) of paragraph (c) of subclause (1) of clause 12, Personal carers’ leave, provided that for the purposes 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 (2), (3), (4), (5) and (6) of the said clause 12.  In determining such a request the employer will give special consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

27.  Introduction of Change

 

(a)        Where the Company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have signification effects on employees, the Company will notify the employees who may be affected by the proposed changes, and the union, if the employees are members.

 

(b)        "Signification effects" include termination of employment, major changes in the composition of the Company's work force or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alternation of hours of work, the need for retraining or transfer of employees to other work or locations, and the restructuring of jobs.  However, where this award makes provision for alteration of any of the matters referred to herein, an alteration will be deemed not to have a signification effect.

 

(c)        The Company will discuss with the employees affected and, if they are members of the union, the union inter alia, the introduction of the changes referred to in subclause (a) of this clause the effects the changes are likely to have on employees, and will give prompt consideration to matters raised by employees and, if they are members of the union, by their union, in relation to the changes.

 

(d)        The discussion will commence as early as practicable after a definite decision has been made by the Company to make the changes referred to in subclause (a) of the clause.

 

(e)        For the purposes of such discussion, the Company will provide in writing to the employees concerned and, if they are members of the union, to their union, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees.  However, the Company will not be required to disclose confidential information, the disclosure of which would be inimical to the Company's interests.

 

28.  Redundancy

 

Weekly Full-time and Part-time Employees

 

(a)        Where the Company has made a definite decision that the Company no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to the termination of employment, the Company will hold discussions with the employees directly affected and with their union.

 

(b)        The discussions will take place as soon as practicable after the Company has made a definite decision which will invoke the provisions of subclause (a) of this clause, and will cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

(c)        For the purposes of the discussion the Company will as soon as practicable, provide in writing to the employees concerned and their union, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories or employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.  However, the Company will not be required to disclose confidential information, the disclosure of which would be inimical to the Company’s interests.

 

(d)        Where an employee is transferred to lower paid duties for reasons as set out in subclause (a) of this clause, the employee will be entitled to the same period of notice of transfer as the employee would have been entitled to if employment had been terminated, and the Company may, at the Company's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of week still owing.

 

(e)        In additional to the period of notice prescribed for ordinary termination in subclause (a) of clause.  Termination of Employment, an employee whose employment is terminated for reasons as set out in subclause (a) of this clause, will be entitled to the following amount of severance pay in respect to a continuous period of service:

 

 

In addition to the above scale, one additional week's pay per year of service will be paid to employees over the age of 45 years at the date of the redundancy offer being made by the Company.

 

"Week's Pay" means the ordinary time rate of pay for the classified skill level for the employee concerned.

 

The severance payments on the above scale shall not exceed the amount, which the employee would have earned if employment with the Company had proceeded to 65 years of age.

 

(f)         In addition, employees will be paid the following benefits:

 

(i)         Payment of all accrued sick leave.

 

(ii)        Payment of annual leave loading on all accrued annual leave.

 

(iii)       Payment of pro rata long service leave for employees with more than  five years continuous service.

 

(g)        An employee whose employment is terminated for reasons set out in subclause (a) of this clause may terminate employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had the employee remained with the Company until the expiration of such notice.

 

In such circumstances the employee will not be entitled to payment in lieu of notice.

 

(h)        During the period of notice if termination given by the Company an employee will be allowed up to two days time off without loss of pay during each week of notice, for the purpose of seeking other employment.

 

The employee must make application for the time off and may be required to produce proof of attendance at an interview to qualify for payment for the time absent.  A statutory declaration will serve as adequate proof of attendance.

 

(i)         Any employee made redundant will be entitled to medical examination, without loss of pay, and be carried out by a doctor of their choice.

 

(j)         Where a decision has been made to terminate employees in the circumstances outlined in subclause (a) of this clause, the Company will notify the accredited Employment Agencies in the employees immediate vicinity as soon as possible giving relevant information including the number and categories of employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(k)        The continuity of employment of an employee will be deemed not to have been broken by reason of transmission of business and the whole period of employment will be deemed to be service for the application of this clause.

 

(l)         This clause will not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficient or neglect of duty, or in the case of casual employees.

 

29.  Amenities

 

The Company will provide facilities for employees to change clothing and a suitable facility for meals, equipped with food heating and tea making facilities.

 

30.  Disciplinary Procedure

 

(a)        The supervisor of the employee concerned may issue warnings when, in the supervisor's opinion, the employee's behaviour is deemed unacceptable.  A written warning should only be issued after the employee has been warned verbally on previous occasion, unless the offence is of a particularly serious nature.

 

(b)        The establishment of warning system will not preclude the right of the Company to dismiss an employee without the issue of a written warning, in accordance with subclause (f) of clause, Termination of Employment.

 

(c)        The basis of the three-warning system is as follows:

 

(i)         An employee whose conduct is deemed unsatisfactory by the supervisor may be given a first written warning.

 

(ii)        Should no improvement be forthcoming, and then a second written warning may be issued.

 

(iii)       A third, or final, written warning can be issued if there has been no improvement.  If no improvement occurs after the issuing of a final warning then the employee is liable to dismissal.

 

(iv)       Each warning will remain in force, individually, for two years.  An employee issued with a second or final warning will revert back to a first or second warning respectively after the expiration of two years.  This allows an employee to improve behaviour.

 

(v)        All written warnings are to be given in the presence of the employee’s nominated representative, if the employee so desires.

 

31.  Disputes Procedure

 

(a)        The following procedure will be followed in dealing with any dispute arising out of the operation of this award or any matter relating to the employment of personnel covered by this award:

 

(i)         The employee or employees concerned will discuss the matter with the immediate supervisor or appropriate manager in the presence of the Union delegate if the employee(s) so wish (es)

 

(ii)        If the matter is not resolved, it will be brought to the attention of the Chief Executive who will attempt to settle the matter by consultation.

 

(iii)       If the matter is not resolved, and the employee so wishes, the Secretary of the appropriate Union (or the Secretary's representative) will be advised, and further discussions will be held in an attempt to settle the matter.

 

(iv)       If the above steps are unsuccessful, the matter will be referred to the Industrial Relations Commission of New South Wales for resolution.

 

(v)        While the above procedures are being followed, all work will continue normally.  If there is a bona fide risk to the safety of employees they will be moved to another part of the work place where there is no risk.

 

(vi)       All employees are to be made familiar with this disputes procedure and are to give an undertaking to observe it.

 

32.  Union Business

 

(a)        The Company acknowledges the right of the Union's accredited delegates to conduct legitimate union business during operational time, and will do whatever is practicable to achieve the continuance of harmonious industrial relations through co-operation with accredited delegates.

 

(b)        The Company will provide a locked notice board in an area convenient to either staff changing facilities or rest rooms, for the purpose of the Union posting notices and a copy of this Award, and variations.  A duly authorised representative of the Union will keep the key.

 

(c)        Union members will be entitled to attend two on-site meetings in any calendar year, without loss of pay, provided that:

 

(i)         such meetings are called at a time connivent to the parties to this Award,

 

(ii)        the union provides the Company with 14 days clear notice in writing, of its intention to call such a meeting, and

 

(iii)       meetings do not exceeding two hours duration.

 

33.  Anti Discrimination and Harassment

 

(a)        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 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(b)        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 to these obligations for the parities to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(c)        Under the Anti-Discrimination Act, 1977 (NSW) 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.

 

(d)        Nothing in this clause is to be taken to affect:

 

(i)         Any conduct or act which is specifically exempted from anti-discrimination legislation.

 

(ii)        Offering or providing junior rates of pay to persons less than 21 years of age.

 

(iii)       Any act or practise of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW).

 

(iv)       A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

(e)        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.

 

34.  No Extra Claims

 

It is a term of this Agreement that all employees bound by this Agreement will not pursue any extra wage claims, award or over award, or any other changes to conditions of employment for the life of this Agreement.

 

PART B

 

MONETARY RATES

 

Table 1A- Rates of Pay - 1 July 2005 (+ 4%)

Subject to Clause 6 C (i) and (ii)

 

 

#  Refer Clause 8, Skill Level Definitions: A Maintenance

 

*  Refer Clause 8, Skill Level Definitions: B Operational

 

Table 1B- Rates of Pay - + 1 July 2006 (+ 3%)

 

Subject to Clause 6 C (i) and (ii)

 

 

#  Refer Clause 8, Skill Level Definitions: A Maintenance

 

*  Refer Clause 8, Skill Level Definitions: B Operational

 

Table 1C- Rates of Pay - 1 July 2007 (+ 3%)

 

Subject to Clause 6 C (i) and (ii)

 

 

#  Refer Clause 8, Skill Level Definitions: A Maintenance

 

*  Refer Clause 8, Skill Level Definitions: B Operational

 

Table 2- Other Rates and Allowances

 

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.