HARPERCOLLINS PUBLISHERS AUSTRALIA PTY LTD - MOSS VALE AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by HarperCollins Publishers Australia Pty Ltd.

 

(No. IRC 6446 of 2005)

 

 

AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

PART A

 

1.         Hours

 

1.1        Full Time employees

1.2        Part Time Employees (Engaged Prior to (9 December 2005)

1.3        Part-time Employees (engaged or after (9 December 2005)

1.4        Casual Employees

1.5        Spread of Hours

2.         Classification Levels

3.         Overtime

3.1        Full Time and Part Time Employees Engaged (9 December 2005)

3.2        Part Time Employees Engaged on or after (9 December 2005)

3.3        Overtime Rates

3.4        Employees who work on any Saturday

3.5        Calculation of Overtime

3.6        Allocation of Overtime

3.7        Allocation of Overtime Special Arrangements

4.         Allowances

4.1        Meal Allowance

4.2        First Aid Allowance

4.3        Laundering Allowance

4.4        Shift Allowance

4.5        Service Allowance

4.6        Cleaning Allowance

5.         Breaks

6.         Sick Leave

7.         Rostered Days Off

8          Annual Leave

9.         Long Service Leave

10.       Parental Leave 

11.       Personal/Carers Leave

12.       Holidays and Sundays

13.       Bereavement Leave

14.       Jury Service

15.       Blood Donation

16.       Protective Clothing

17.       Termination of Employment

18.       Redundancy

19.       Types of Employment

20.       Anti-Discrimination

21.       Lunch Room

22.       Union Delegates

23.       Notice board

24.       Transfer of Employees

25.       First Aid

26.       Locomotion

27.       Union Membership Meetings

28.       Right of Entry

29.       Accident Pay

30.       Rehabilitation

31.       Dispute Procedure

32.       Times and Payment Wages

33.       Particulars of Wage to be Furnished to Employees

34.       Mixed Functions

35.       General (Cleaning)

36.       Wages and Wage Increases

37.       No Extra Claims

38.       Award Review and Negotiations

39.       Union Recognition

40.       Superannuation

41.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Table 2 - Other Rates and Allowances

 

ANNEXURE A

 

PART A

 

1.  Hours

 

1.1        Full Time Employees

 

1.1.1     The ordinary hours of work for full time employees (exclusive of meal times) shall not exceed:

 

(i)         38 hours per week, based on a 19-day month Monday to Friday; or

 

(ii)        38 hours per week, based on a 9.5 hour day worked Monday to Thursday or Tuesday to Friday; or

 

(iii)       a 9 day fortnight worked Monday to Friday.

 

1.2        Part Time Employees engaged prior to (9 December 2005)

 

1.2.1     A part time employee who was engaged by the Company prior to (9 December 2005) shall be employed on the following basis:

 

(i)         the ordinary hours of work (exclusive of meal times) shall not exceed:

 

(A)       32 hours per week and not be less than 20 hours per week, Monday to Friday, inclusive; and

 

(B)       may be averaged over a 4 week period.

 

1.3        Part Time Employees engaged on or after (9 December 2005)

 

1.3.1     A part time employee who is engaged on or after [insert date of approval of this Award] means an employee engaged on a weekly contract of service whose hours of work vary from week to week in accordance with operational requirements of the business employed on the following basis:

 

(i)         a part time employee’s ordinary hours will be averaged over a 4  week period and shall not be less than 60 hours and not more than 140 hours per four week period;

 

(ii)        a part time employee may work additional hours in excess of 140 hours in a four week period and up to 152 hours over a 4 week period in which case a loading of 20% will apply to the additional hours worked.  The loading is paid in lieu of the part-time employee being paid overtime or accruing entitlements to annual leave and sick leave for the additional hours worked;

 

(iii)       normal overtime rates will apply to hours in excess of 152 hours over a 4 week period;

 

(iv)      no part time shift will be less than 4 hours;

 

(v)       for the purposes of this clause a part time employee will be advised by the Company of the span of hours in which he/she may be required to work (shift span of hours); and

 

(vi)      a part time employee’s shift span of hours shall not exceed 8 hours on any one day.

 

1.3.2     The part time provisions in clause 1.3.1 are intended to operate in the following manner:

 

Example 1:  John has been advised by the Company that he may be required to work varying hours within a shift span of 6.30 am and 3.00 pm on any day of the week, Monday to Friday. 

 

John is advised on a Tuesday that that he will be required to work from 10.30 am to 4.30 pm on a Wednesday (the next day).

 

As the hours between 3.00 pm and 4.30 pm fall outside John’s shift span of hours he will be entitled to overtime payments for the 1.5 hours worked between 3.00 pm and 4.30 pm.

 

If however, the Company had given John 1 week’s notice of the change to his shift span of hours to include hours between 3.30 pm and 4.30 pm (in accordance with Clause 1.5.3 of this Award) then John would be paid ordinary rates for the 1.5 hour worked between 3.00 pm and 4.30 pm.

 

1.4        Casual Employees

 

1.4.1     A casual employee is one who is engaged and paid as such.

 

1.4.2     A casual employee may be offered a minimum of 4 hours per shift and a maximum of 38 hours per week.

 

1.4.3     A casual employee shall be employed on a day to day basis.

 

1.4.4     A casual employee may be employed at any of the multi skill levels under this Award.  If a level 2 full time position becomes vacant and this position is an ongoing position (ie the position still exists) then the Company will first attempt to fill the position by a full time employee.  If the position is reviewed and modified to a less than full time/temporary role (this position will be first offered to permanent employees) if placement is not made the Company will inform the union, then a level 2 casual may be employed.

 

1.4.5     The Company may choose to offer casual employees full-time or part-time employment.

 

1.4.6     Appointment of casual employees will be based on the employee’s experience, ability and length of service.

 

1.4.7     Employment of casual employees by the Company should not be used as a means to casualise the industry.

 

1.5        Spread of Hours

 

1.5.1     Subject to clause 4.4, the ordinary hours of work may commence at/or after 6.30 am and may cease at/or up to 6.30 pm Monday to Friday.

 

1.5.2     Any changes by the Company to the normal starting time of an employee (other than a part time employee employed under the arrangements in clause 1.3 of this Award) shall be discussed with employees concerned and one week’s notice given before any such change.

 

1.5.3     Any changes by the Company to the shift span of hours that can be worked by a part time employee, employed under the arrangements in clause 1.3 of this Award, shall be discussed with the employee and one week’s notice given before any such change.

 

2.  Classification Levels

 

2.1        An employee may be engaged in accordance with one of the four multi-skill levels:

 

2.1.1     Level 4 - Unskilled: After six months full time employment, or its casual equivalent, each employee shall be tested and, if successful be elevated to Level 3.

 

2.1.2     Level 3 - Semi skilled: An employee who has achieved this level shall work in all departments, including clerical departments, but does not require computer or forklift driver training.

 

2.1.3     Level 2 - Semi - skilled: An employee who has been successfully trained as a computer/VDU operator or forklift driver.

 

2.1.4     Level 1 - Skilled: A person who has been successfully trained in various warehouse and/or administration departments and has been appointed to the position of Department Head.

 

3.  Overtime

 

3.1        Full Time and Part Time Employees engaged prior to ([9 December 2005)

 

3.1.1     Full time and part time employees engaged prior to (9 December 2005) shall be paid overtime as follows:

 

(i)         outside the ordinary hours of work;

 

(ii)        subject to clause 1.5.2, before the regular commencing time on any day;

 

(iii)       subject to clause 1.5.2, after the regular ceasing time on any day; and

 

(iv)      beyond eight hours on any shift.

 

3.2        Part Time Employees engaged on or after (9 December 2005)

 

3.2.1     A part time employee engaged on or after (9 December 2005) will be paid overtime as follows:

 

(i)         outside the ordinary hours of work;

 

(ii)        subject to clause 1.5.3, before the commencing time of the employee’s shift span of hours;

 

(iii)       subject to clause 1.5.3, after the ceasing time of the employee’s shift span of hours;

 

(iv)      beyond eight hours on any one shift; or

 

(v)       for hours worked in excess of 152 hours in a 4 week period.

 

3.3        Overtime Rates

 

Overtime shall be paid for at the rate of time and one half for the first two hours and double time thereafter.  In computing overtime, each days work shall stand-alone.

 

3.4        Employees who work on any Saturday

 

An employee who works on any Saturday shall be paid overtime at the rate of time and one half for the first two hours and double time thereafter, with a minimum payment of 3 hours; provided that all time worked after 11.00 am shall be paid for at the rate of double time.

 

3.5        Calculation of Overtime

 

3.5.1     Overtime shall be paid to the nearest 15 minutes.

 

3.5.2     Approved overtime will be a minimum of 15 minutes.

 

3.6        Allocation of Overtime

 

3.6.1     Overtime offered to employees shall be worked in departments and at times designated by the Company.

 

3.7        Allocation of Overtime Special Arrangements

 

3.7.1     In instances where the Company engages casuals in excess of 50% of the permanent workforce the Company will:

 

(i)         inform the union;

 

(ii)        offer eligible employees one hour of overtime on each day that the number of casual employees exceeds more than 50% of the permanent workforce on any given day; and

 

(iii)       if casual labour has reached 50% of the permanent workforce, then the Company should where possible ensure that overtime is offered to entitled permanents prior to the engagement of casual labour.

 

3.7.2     There shall be no limit on the number of casual employees that may be employed by the Company at any one time.

 

3.7.3     This clause will only apply to those employees who have regularly accessed overtime under clause 1.4.3.1 and 2.4.3.1 of the HarperCollins Distribution Services Award 2002 in the 12 months prior to 22 November 2005.  A list of these employees is contained in the files of the Industrial Relations Commission of New South Wales relating to the approval of this Award.

 

3.7.4     The terms of this clause will cease to operate at midnight on 30 June 2008.

 

4.  Allowances

 

The following allowances apply (with the exception of shift and meal allowances, all allowances shall apply on a proportionate basis according to hours worked).

 

4.1        Meal Allowance

 

Where a full time or part time employee works 2 hours or more overtime, a meal allowance will be paid.  The meal allowance is detailed in Item 1 of Table 2 of Part B Monetary Rates of this Award.

 

4.2        First Aid Allowance

 

Where a full time or part time employee is appointed as a first aid attendant, the employee shall be paid an additional payment per week as set out in Item 2 of Table 2 of Part B Monetary Rates of this Award.

 

4.3        Laundering Allowance

 

Where a full time or part time employee wears a uniform, cap, coat, overall or other uniform dress or protective clothing and footwear, the same shall be provided by the Company and shall be laundered by the Company at the Company’s expense, provided that where by mutual agreement the laundering is done by the employee, or the Company having refused, neglected or failed to launder the articles and the laundering is done by the employee, the employee shall be paid an amount per week as set out in Item 3 of Table 2 of Part B Monetary Rates of this Award.

 

4.4        Shift Allowance

 

Afternoon shift (4.00 p.m. to midnight) - an allowance of 17.5 per cent on the ordinary hourly rate, with meal breaks included and paid.

 

4.5        Service Allowance

 

4.5.1     Full time or part time employees who would have received a service allowance under the terms of the HarperCollins Publishers Distribution Services Award 2002 if they were employed on 31 December 2005 (Eligible Employee) will unless clauses 4.5.2 and 4.5.3 apply continue to receive the applicable service allowance as follows:

 

(i)         Three years' service - an amount per week as set out in Item 4 of Table 2 of Part B Monetary Rates of this Award;

 

(ii)        Five year’s service - an amount per week as set out in Item 5 of Table 2 of Part B Monetary Rates of this Award;

 

For ease of administration, the years of service shall fall due on the anniversary date of the employee's appointment to full time or part time status.

 

4.5.2     Eligible employees may elect to have the applicable service allowance cashed out subject to the following arrangements:

 

(i)         if an Eligible Employee elects to cash out the service allowance on or before 18 December 2005, the Eligible Employee will be paid a $200 (gross) bonus plus an amount equal to the value of the service allowance that the Eligible Employee would have received between 19 December 2005 and 30 June 2008 had the Eligible Employee remained in the employment of the Company  for this period less applicable tax; or

 

(ii)        if an Eligible Employee elects to cash out the service allowance after 18 December 2005 but on or before 31 January 2006, the Eligible Employee will be paid a $100 (gross) bonus plus an amount equal to the value of the service allowance that the Eligible Employee would have received between 1 February 2006 and 30 June 2008 had the Eligible Employee remained in the employment of the Company  for this period less applicable tax.

 

4.5.3     In the event that through the process set out in 4.5.2 above, less than 70% of Eligible Employees elect to cash out the service allowance (Threshold), the service allowance entitlements of the remaining Eligible Employees will be cashed out at Company’s initiative as from 1 February 2006 on the following basis:

 

(i)         the Company will cash out the service allowance entitlements of Eligible Employees in order of "last on, first to be cashed out" until the Threshold is met; and

 

(ii)        the Company will pay to each Eligible Employee an amount equal to the value of the service allowance that the Eligible Employee would have received between 1 February 2006 and 30 June 2008 had the Eligible Employee remained in the employment of the Company for this period less applicable tax.

 

4.6        Cleaning Allowance

 

Full time, part time or casual employees employed as a cleaner, shall be paid in addition to normal wages a toilet cleaning allowance per week as set out in Item 6 of Table 2.

 

5.  Breaks

 

5.1        A full time employee who does not work afternoon shift shall be entitled to an unpaid meal break of 30 minutes, which shall be taken between the hours of 11.30 am and 2.30 pm.

 

5.2        A full time employee who works an afternoon shift shall be entitled to a paid meal break of 30 minutes.

 

5.3        A full time employee shall be entitled to two paid rest pauses of 15 minutes each.

 

5.4        A part time employee or casual employee shall be entitled to an unpaid meal break of 30 minutes, to be taken no later than 5 hours after normal commencing time.

 

5.5        A part time employee or casual employee shall be entitled to a paid 15 minute rest pause.

 

5.6        Meal breaks and rest pauses shall be taken at a time indicated by the Company.

 

5.7        An employee who is required to work for any period of a meal break shall be paid at the rate of time and one half and shall be allowed the time so worked as crib time, which shall be paid for as time worked.

 

5.8        Where a full time or part time employee works two hours or more overtime, in addition to the meal allowance under clause 4.1, they shall be allowed a 15 minute paid break.

 

6.  Sick Leave

 

6.1        Full time employees shall, subject to the production of a medical certificate or other evidence satisfactory to the Company, be entitled to sick leave as follows:

 

6.1.1     during the first year of service, 5 days paid leave;

 

6.1.2     during the second and subsequent years, 10 days paid leave for each year of service.

 

6.2        Part time employees shall be entitled to the sick leave as set out in clause 6.1 on a proportionate basis.

 

6.3        For definition purposes, a year of service shall be calculated from the date of the employee’s commencement with the Company as a full time or part time employee.

 

6.4        Sick leave where an employee is entitled to workers compensation

 

An employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers compensation.

 

6.5        Sick leave for pre-natal medical appointments

 

Sick leave may be used for attendance at pre-natal medical appointments by expectant mothers with the prior approval of the Company.

 

6.6        Sick leave payment in first 3 months of employment

 

The payment for any absence on sick leave in accordance with this clause during the first 3 months of employment of an employee may be withheld by the Company until the employee completes such 3 months of employment, at which time the payment shall be made.

 

6.7        An employee shall as soon as reasonably practicable and during the ordinary hours of work in the first day of the absence inform the Company of his or her inability to attend and, as far as practicable, state the nature of the illness and the duration of the absence.

 

6.8        If it is not reasonably practicable to inform the employer of such absence during the ordinary hours of the first day or shift the employee shall inform the Company of nature of the illness and the duration of the absence within 24 hours of such absence.

 

7.  Rostered Days Off

 

7.1        Each full time employee shall be entitled to 13 rostered days off (RDO’s) per year.  Subject to the following provisions, each RDO will be taken on a day that is agreed between the Company and the employee.

 

7.2        Rostered days off shall not be on a Saturday or Sunday.

 

7.3        Full time employees employed before (9 December 2005) shall take RDO’s on the following basis:

 

7.3.1     the first 9 RDO’s will be taken in January to September as they fall due;

 

7.3.2     the remaining 4 RDO’s will be taken when they fall due by at least 50% of employees and such employees will work the Christmas/New Year period;

 

7.3.3     to achieve at least 50% of employees taking the 4 RDO’s as they fall due the Company shall initially call for volunteers in the period before October and if there are insufficient volunteers, the Company will direct the required number of employees to take their RDO’s when they fall due and to work the Christmas/New Year period;

 

7.3.4     the employees who do not take the remaining 4 RDO’s when they fall due in accordance with Clause 7.3.2 may accrue the RDO’s and take them in the Christmas/New Year period or an agreed alternative time; and

 

7.3.5     the arrangement outlined in clauses 7.3.2, 7.3.3 and 7.3.4 will rotate from year to year.

 

7.4        Full time employees employed on or after (9 December 2005) shall take all RDO’s as they fall due and will work if required by the Company the Christmas/New Year period.

 

7.5        The scheduled RDO’s will be posted in each department.

 

7.6        If the RDO falls on a public holiday, or on a day when employees are not required to attend work, the RDO shall be taken on a day agreed between the Company and the employees.

 

8.  Annual Leave

 

8.1        See Annual Holidays Act 1944 (NSW).

 

8.2        In this clause the Annual Holidays Act 1944 (NSW) is referred to as "the Act".

 

8.3        Annual leave loading

 

8.3.1     Before a full time or part time employee is given and takes his/her annual holiday or where, by agreement between the Company and the employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the Company shall pay  the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes annual holidays wholly or partly in advance - see subclause 8.3.5).

 

8.3.2     The loading is payable in addition to the pay for the period of holiday given and taken and due to the full time or part time employee under the Act.

 

8.3.3     The loading is to be calculated in relation to any period of annual holiday under the Act (but excluding days added to compensate for public or special holidays falling on an employee's RDO  not worked) or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 8.3.4 as to holidays taken wholly or partly in advance.)

 

8.3.4     The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause 8.3.5, at the rate per week of 17 1/2 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Award for the classification in which the employee was employed immediately before commencing his annual holiday, but shall not include other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this Award.

 

8.3.5     No loading is payable to a full time  or part time employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause 8.3.4 of this clause applying the rates of wages payable on that day.

 

8.3.6     Where, in accordance with the Act the Company’s establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(i)         a full time or part time employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with clauses 8.3.4 and 8.3.5 of this clause;

 

(ii)        a full time or part time employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act such proportion of the loading that would have been payable to him under this clause if he/she had become entitled to an annual holiday prior to the close-down as his qualifying period of employment in completed weeks bears to 52.

 

8.3.7

 

(i)         When the employment of a full time or part time employee is terminated for a cause other than serious misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she has become entitled he/she shall be paid a loading calculated in accordance with clauses 8.3.4 and 8.3.5 of this clause for the period not taken.

 

(ii)        Except as provided by paragraph (i) of this subclause no loading is payable on the termination of a full time or part time employee's employment.

 

8.4        The ordinary hourly rate for casuals set out in Table 1 of Part B Monetary Rates of this Award includes the 1/12 loading payable under the Annual Holidays Act, 1944 (NSW).

 

9.  Long Service Leave

 

See Long Service Leave Act 1955 (NSW).

 

10.  Parental Leave Provisions

 

10.1      See Part 4, Chapter 2 Parental Leave of the Industrial Relations Act 1996 (NSW).

 

10.2      Following a period of maternity leave an employee who immediately before the commencement of leave was engaged as a full time employee may elect to return to work on a part time basis in accordance with the part time provisions as provided for in clause 1.3. 

 

10.3      An employee who returns to work on a part time basis in accordance with clause 10.2 will have a period of up to 6 months after returning to work to decide to continue as a part time employee or return as a full time employee.

 

11.  Personal/Carers Leave

 

11.1      Use of sick leave

 

11.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in section (ii) of clause 11.1.3 of this clause who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 6 Sick Leave,  for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

11.1.2   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 clause where another person has taken leave to care for the same person.

 

11.1.3   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 (including an adopted child, a stepchild 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 of the 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 subsection:

 

(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.

 

11.1.4   An employee shall, wherever practicable, give the Company notice prior to the absence of the intention to take leave, of 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 Company by telephone of such absence at the first opportunity on the day of absence.

 

11.2      Unpaid leave for family purpose

 

An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in section 11.1.3(ii) who is ill.

 

11.3      Annual leave

 

11.3.1   An employee may elect, with the consent of the Company, subject to the Annual Holidays Act,1944 (NSW), 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.

 

11.3.2   Access to annual leave as prescribed in clause 11.3.1 of this clause, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

11.3.3   An employee and the Company may agree to defer payment of the annual leave loading in respect of single day absences until at least five consecutive annual days are taken.

 

11.4      Time off in lieu of payment for overtime

 

11.4.1   An employee may elect, with the consent of the Company to take time off in lieu of payment for overtime at a time or times agreed with the Company within 12 months of the said election.

 

11.4.2   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.

 

11.4.3   If, having elected to take time as leave in accordance with subclause 11.4.1, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

11.4.4   Where no election is made in accordance with subclause 11.4.1, the employee shall be paid overtime rates in accordance with the Award

 

11.5      Make-up time

 

11.5.1   An employee may elect, with the consent of the Company, 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.

 

11.5.2   An employee on shift work may elect, with the consent of the Company, to work "make up time" (under which the employee takes time off in 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.

 

12.  Holidays and Sundays

 

12.1      The following days or days observed as such shall be holidays. New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day, Boxing Day or any other day gazetted as a public holiday within the area covered by this Award, provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days, also shall be a holiday.

 

12.2      In addition to the holidays prescribed in subclause 12.1, full time and part time employees engaged prior to (9 December 2005) shall be entitled to two (2) additional public holidays in lieu of a union picnic day and one such public holiday shall be added to the employee’s RDO entitlement and the other day taken as from the anniversary of the birth date of the eligible employee.  Provided that such an entitled employee shall not be required to take such a holiday on the same day as those public holidays set out above in paragraph 12.1 of this subclause or on Sunday and, in these circumstances only, such a public holiday shall be taken on a day chosen by the entitled employee which shall be within five business days immediately before and five business days immediately after the relevant anniversary of the birth date of such an employee, unless otherwise agreed by the Company.

 

12.3      Full time and part time employees engaged on or after (9 December 2005) will be entitled to one (1) additional public holiday in lieu of a union picnic day which shall be added to the employee’s RDO entitlement.

 

12.4      For all work done on Sunday double time shall be paid, with a minimum payment of four hours; for all work done on holidays, double time and one - half shall be paid, with a minimum payment of four hours.

 

12.5      An employee absent without leave on the day before or the day after any gazetted holiday shall be liable to forfeit wages for the day of absence as well as for the holiday, except where the Company is satisfied that the employees absence was caused through illness and a medical certificate can be supplied, in which case wages shall not be forfeited for the holiday.

 

Provided that an employee absent on one day only, either before or after a group of holidays, shall forfeit wages only for one holiday as well as for the period of absence.

 

12.6      When a public holiday falls on a day on which the part time employee would otherwise be working, the public holiday shall be allowed to the part time employee without loss of pay.

 

13.  Bereavement Leave

 

13.1      An employee other than a casual employee shall be entitled to up to 5 days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in clause 13.3.

 

13.2      The employee must notify the Company as soon as practicable of the intention to take bereavement leave and will, if required by the Company, provide to the satisfaction of the Company proof of death.

 

13.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in 11.1.3, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

13.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

13.5      Bereavement leave may be taken in conjunction with other leave available under clause 11.2, 11.3, 11.4, 11.5, 11.6 of the Personal Carer’s Leave clause. In determining such a request the Company will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

14.  Jury Service

 

An employee shall be allowed leave of absence during any period when required to attend for jury service.  During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee’s rate of pay as if working.  An employee shall be required to produce to the Company proof of jury services fees received and proof of requirement to attend as soon as practicable after receiving notification to attend for jury service.

 

15.  Blood Donation

 

15.1      The Company shall facilitate blood donation by employees on site through the use of a mobile blood donation unit.

 

15.2      Full time and part time employees will be entitled to donate blood to the mobile blood donation unit without loss of pay.

 

16.  Protective Clothing

 

Employees required to load or unload vehicles shall be provided with suitable protective clothing. Such clothing shall include adequate provision of wet weather protective clothing.

 

17.  Termination of Employment

 

17.1      Except in the case of misconduct the employment of a full time or part time employee may be terminated by  1 week’s notice on either side or by payment or forfeiture (as the case may be) of 1 week’s pay in lieu of such notice; provided that for the first month of engagement employment may be terminated by either side by a moments notice.

 

17.2      Subject to the provision of clause 12, Holidays and Sundays, an employee whose employment is terminated on the business day preceding a holiday or holidays, otherwise than for misconduct, shall be paid for such holiday or holidays, but these provisions shall not apply to an employee employed for 2 weeks or less.

 

17.3      An employee, who has been employed for not less than 1 month, on leaving or being discharged shall, upon request be entitled to a statement in writing containing the date when the employment began and the date of its termination. This statement shall be property of the employee.

 

18.  Redundancy

 

18.1      Where the Company has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to result in the termination of employment of any employees, the Company shall notify the employees directly affected by the proposed changes and the union to which they belong not later than  2 weeks from that decision.

 

18.2      The Company shall discuss with the employees directly affected and where the employees are members the union the effects of any such definite decision set out in subclause 18.1  of this clause, and the Company shall give prompt consideration to the matters raised by the employees and/or where the employees are members the union  prior to termination of employment.

 

18.3      For the purpose of discussion, the Company shall provide to the employees directly affected and/or where the employees are members to the union  all relevant information about the proposed changes that may lead to the termination of employment, provided that the Company shall not be required to disclose confidential information the disclosure of which it considers could adversely affect the Company.

 

18.4      Where, on account of the changes made by the Company as set out in subclause 18.1, the Company terminates the employment of a full-time or part time employee, who has been employed for the preceding 12 months, the Company shall give the employee  1 month’s notice of the termination of employment or payment in lieu thereof and, in addition, the Company shall pay such employee the equivalent of 4 weeks’ ordinary wages for each completed year of service with the Company, up to a maximum of 52 such weeks on ordinary wages (with a 25 per cent loading for an employee who is aged 45 years or over at the time of termination).

 

19.  Types of Employment

 

19.1      An employee may be employed on a full-time, part-time, or casual basis.

 

19.2      The parties agree that there shall be no limit on the number of employees employed or the number of employees employed in any one type of employment.

 

20.  Anti-Discrimination

 

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

 

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

 

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

 

20.4      Nothing in this clause is to be taken to affect:

 

20.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

20.4.2   offering or providing junior rates of pay to persons under 21 years of age;

 

20.4.3   any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti- Discrimination Act 1977;

 

20.4.4   a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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

 

NOTES

 

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

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides: "Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

21.  Lunch Room

 

The Company shall provide, free from all charge, a suitable room with adequate table and seating accommodation and sufficient cutlery, crockery and hot water.

 

22.  Union Delegates

 

22.1      Employees appointed union delegates shall upon notification thereof to the Company, be recognised as the accredited delegate of the union. An accredited union delegate shall be allowed the necessary time during working hours to interview the Company to its representatives on matters affecting employees whom they represent.

 

22.2      Any accredited union delegate shall be allowed a reasonable period of time during working hours to interview a duly accredited union official on legitimate work-related union business on site.

 

22.3      The number of union delegates who attend management meeting shall not exceed three at any one time.

 

23.  Notice Board

 

The Company shall erect, in a prominent position on the premises, a notice board of reasonable dimensions or a number of such notice boards of reasonable dimensions, in the circumstances upon which an accredited representative of the union shall be permitted to post formal union notices signed by the Secretary. Any notice on the board not so signed may be removed by an accredited representative of the union or by the Company.

 

24.  Transfer of Employees

 

24.1      When an employee is required to report for work at a place other than the employee’s usual place of work, the employee shall be paid all fares reasonably incurred in excess of those the employee normally would incur attending at the employee usual place of work and returning home, and shall be paid all travelling time in excess of that taken to reach the employee’s usual place of work and returning home.

 

24.2      Travelling time shall be paid for at ordinary rates of pay.

 

24.3      The forgoing subclauses shall apply only to an employee temporarily transferred from employee’s usual place of work. A temporary transfer shall mean a period of employment at places other then the usual place of work, up to a maximum of 3  consecutive weeks.

 

24.4      An employee transferred from working place to working place during ordinary working hours shall be paid the time spent in travelling as for time worked and shall receive reimbursement of fares incurred in such transfer.

 

24.5      Where the transfer involves an employee being absent from the employee normal place of abode, the employee shall be reimbursed for reasonable expenses incurred for accommodation, together with first class fares to and from the place of transfer.

 

25.  First Aid

 

25.1      The Company shall provide a first aid outfit that shall be under the control of the manager or appointed person.

 

25.2      The Company shall train and appoint suitable first aid attendant/s and shall train and appoint a suitable back up attendant/s.

 

26.  Locomotion

 

Where an employee is required to use the employee’s vehicle for the Company’s business, the employee shall be paid for the use of the employee’s car at the rate per kilometre as set out in Item 7 of Table 2 of Part B Monetary Rates of this Award.

 

27.  Union Membership Meetings

 

The Company agrees to allow members to meet during the Company’s time for a maximum of 30 minutes, no more than three times per year, for the purpose of discussing union business on site.  The SDA shall provide the General Manager of the Distribution Centre at least 3 working days notice of the meeting and reasonable details as to the purpose for which the meeting is required.

 

28.  Right of Entry

 

See Industrial Relations Act 1996 (NSW).

 

29.  Accident Pay

 

See Workers Compensation Act 1987 (NSW).

 

30.  Rehabilitation

 

The Company shall introduce a rehabilitation program as agreed between the parties.

 

31.  Dispute Procedure

 

31.1      Any dispute or complaint should, in the first instance, be taken by the individual employee to the employee’s Supervisor.

 

31.2      If the employee is not satisfied with Supervisor’s response and the issue is not resolved within 1 working day, then the matter should be taken up with the Operations Manager.

 

31.3      If the problem is not resolved within 2 working days of being taken up with the Operations Manager, the union delegate shall go with the employee to the General Manager, Distribution.

 

31.4      If after 2 working days the union delegate, employee and the General Manager, Distribution have been unable to resolve the matter, the union officials shall take the matter up with the General Manager, Distribution.

 

31.5      Notwithstanding any of the above, the employee may involve the delegate at any stage in the problem and the delegate shall always be able to call the union official at any time.

 

31.6      If the matter cannot be resolved between local management, the delegates and the union, then it must be transferred to the Company’s Human Resources Director or designated representative thereafter the matter shall be referred to the Industrial Relations Commission of New South Wales for resolution.

 

31.7      During discussions the status quo shall remain and work shall proceed normally.  "Status quo" shall mean the situation existing immediately prior to the dispute of the matter giving rise to the dispute.

 

32.  Times and Payment of Wages

 

32.1      Subject to clauses 32.2, 32.3 and 32.4 all wages, in addition to any bonus, commission or premium the Company may choose to pay, shall be paid weekly on Wednesday, and calculated up to and including Sunday in each week. Overtime shall be paid within a week from the pay day succeeding the day on which it was earned. This clause may be varied if mutually agreed between the parties to the Award.

 

32.2      Where employment is terminated, an employee shall be paid forthwith all ordinary wages due and shall be paid all overtime and other money due within seven days of the date of the termination of employment.

 

32.3      In the event of the Company not paying the said overtime and other moneys due at the time on which it has undertaken to pay, the Company shall reimburse the employee all expenses incurred in attending to collect the amounts due.

 

32.4      Where an employee is required by the Company to wait beyond the ordinary ceasing times of the employee for payment of ordinary wages after the period of the termination for a period of more than 15 minutes, the employee shall be paid ordinary wages for the period during which the employee is so required to wait.

 

33.  Particulars of Wage to be Furnished to Employees

 

33.1      On the payment by the Company of any wages to an employee covered by this Award, whether or not such payment is required by the Award to be made, the Company shall furnish to the employee, either by noting on the pay envelope of the employee or by way of a statement in writing handed to the employee at the time when the payment is made, such particulars as may be prescribed as regards.

 

33.1.1   the date of payment;

 

33.1.2   the period in respect of which the payment is made;

 

33.1.3   time worked or work done by the employee;

 

33.1.4   matters in respect of which the payment is made;

 

33.1.5   deductions made;

 

33.1.6   the amount paid; and

 

33.1.7   how the amount paid is made up.

 

33.2      Wages are paid in either cash, by cheque or by direct deposit into a bank account.  The Company shall meet the costs of the EFT transaction.

 

34.  Mixed Functions

 

34.1      The Company may direct an employee to carry out such duties as are within limits of the employee’s skill, competence and training.

 

34.2      Any employee called upon temporarily or on relief assignment to do work of a higher skill level than that in which the employee is working shall, if so employed for two or more hours, be paid at the rate for the higher level for the whole day and, if so employed for less than two hours, shall be paid the higher rate for the time actually worked in that higher skill level.

 

35.  General (Cleaning)

 

35.1      Employees other than cleaners shall not be required to clean floors, sweep pavements, clean lavatories or clean windows, other than for the purposes of removing occasional defacements and keeping their immediate work area tidy.

 

35.2      The Company shall engage a pest control Company to treat the warehouse for book mites and other vermin as required.

 

36.  Wages and Wage Increases

 

36.1      Full time and part time employees shall be paid the rates of pay set out in Column 1 of Table 1 - Wages of Part B Monetary Rates of this Award from the first pay period commencing on or after 1 July 2005.  This is a 3.3% increase.

 

36.2      Casual employees shall be paid the rates of pay set out in Column 1 of Table 1 - Wages of Part B Monetary Rates of this Award from the first pay period commencing 1 July 2005 unless a casual employee was employed by the Company on 1 July 2005 in which case these rates will apply from the first pay period commencing on or after 1 July 2005 in relation to work performed by the casual employee during that period.  This is a 3.3% increase.

 

36.3      Employees shall be paid the rates of pay set out in Column 2 of Table 1 - Wages of Part B Monetary Rates of this Award from the first pay period commencing on or after 1 July 2006.  This is a 3.4% increase.

 

36.4      Employees shall be paid the rates of pay set out in Column 3 of Table 1 - Wages of Part B Monetary Rates of this Award from the first pay period commencing on or after 1 July 2007.  This is a 3.5% increase.

 

36.5      The rates of pay for casual employees set out in Table 1 of Part B Monetary Rates of this Award includes a 17.5% casual loading and the 1/12 annual holidays entitlement under the Annual Holidays Act, 1944 (NSW)

 

37.  No Extra Claims

 

37.1      It is agreed by the parties that up to the nominal expiry date of this Award, subject to clause 37.4:

 

37.1.1   the employees and the SDA will not pursue any extra wage claims, whether Award or over-Award;

 

37.1.2   increases arising from State Wage Case decisions occurring prior to and during the life of this Award will not be made available to employees covered by this Award; and

 

37.1.3   the employees will not seek any changes to conditions of employment whether those conditions of employment are subject to this Award or not.

 

37.2      Where any disagreement arises, the parties shall follow the Dispute Settlement Procedure contained in this Award.

 

37.3      During the term of this Award the parties will discuss a further Award or Agreement.

 

37.4      The Company and the SDA agree to undertake a review of the terms and conditions of employment of administrative employees covered by this Award within six months of the date of commencement of this Award.

 

38.  Award Review and Negotiations

 

38.1      The Company and the SDA shall commence discussions and negotiations to review the existing Award as from April 2008.

 

39.  Union Recognition

 

39.1      The Company recognises the Shop, Distributive and Allied Employees’ Association, New South Wales (SDA) as being the union that shall have exclusive representation of employees who are covered by this Award.  This exclusive representation shall extend to all terms and conditions of employment covered by this Award.

 

39.2      The Company undertakes upon authorisation to deduct union membership dues as levied by the union in accordance with its rules from the pay of employees who are members of the SDA.  Such monies collected will be forwarded to the SDA each month, together with all necessary information to enable the reconciliation and crediting of subscriptions to members accounts.

 

40.  Superannuation

 

There will be a choice of two Superannuation funds being the HarperCollins AMP Fund (Moss Vale) Fund or the Retail Employees Superannuation Trust Fund (REST).

 

41.  Area, Incidence and Duration

 

The Award will apply to all employees eligible to be members of the Shop Distributive and Allied Employees’ Association, New South Wales who are employed by HarperCollins Publishers Australia Pty Ltd at the Warehouse and Distribution Centre at Moss Vale.

 

This Award rescinds and replaces the previous award known as the HarperCollins Publishers Distribution Services Award 2002 published 23 May 2003 (339 I.G. 589).

 

The Award shall take effect from the 9 December 2005 and it shall remain in force until 30 June, 2008.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

 

Table 2 - Other Rates and Allowances

 

 

ANNEXURE A

 

Policy

 

Advertisement of positions vacant in the warehouse

 

When a full time or part time position is available, the Company agrees to advertise it internally first by way of an advertisement posted on the employee notice board.

 

Any employee currently employed may apply if they believe they have the necessary skills and ability to perform the role.

 

All applications will be accepted and the Company will determine appropriateness of those applications taking into consideration the skills, ability, and experience of each candidate.

 

If there are no internal candidates suitable for appointment to the position the company will proceed to advertise the position externally.

 

A 3-month probationary period shall apply to any appointments.   At the end of this period, providing both parties are satisfied, confirmation of the appointment on an ongoing basis shall be made.  If at this or any time during the probationary period either party determine that the appointment is not suitable the Company will make every effort to return the individual to their previous position.  If the individual’s previous position is no longer available every effort will be made to find a suitable alternative.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.