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)
Before The Honourable Justice
Kavanagh
|
9 December 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
|
Column 1
|
Column 2
|
Column 3
|
|
Rate per Week $
|
Rate per Week $
|
Rate per Week $
|
|
from the first full
pay
|
from the first full
pay
|
from the first full
pay
|
|
period on or after
|
period on or after
|
period on or after
|
|
1/7/05 for fulltime
and
|
1/7/06 for full
time and
|
1/7/07for full time
and
|
|
part time employees
|
part time employees
|
part time employees
|
(i) Full time Employees
|
|
|
|
Level 1: Skilled
|
743.05
|
768.31
|
795.20
|
Level 2: Semi-skilled
|
689.86
|
713.32
|
738.29
|
Level 3: Semi-skilled
|
646.37
|
668.35
|
691.74
|
Level 4: Unskilled
|
621.18
|
642.30
|
664.78
|
17 year old
|
65% of adult wage
|
16 year old
|
60% of adult wage
|
|
|
(ii)
Part Time Employees
|
Hourly Rate
|
Hourly Rate
|
Hourly Rate
|
Level 1: Skilled
|
19.55
|
20.22
|
20.93
|
Level 2: Semi-skilled
|
18.15
|
18.77
|
19.43
|
Level 3: Semi-skilled
|
17.01
|
17.59
|
18.20
|
Level 4: Unskilled
|
16.35
|
16.90
|
17.49
|
17 year old
|
65% of adult wage
|
16 year old
|
60% of adult wage
|
|
|
|
|
|
Column 1
|
Column 2
|
Column 3
|
|
Rate per Week $
|
Rate per Week $
|
Rate per Week $
|
|
from the first full
pay
|
from the first full
pay
|
from the first full
pay
|
|
period on or after
1/7/05
|
period on or after
1/7/06
|
period on or after
1/7/07
|
|
for fulltime and
|
for full time and
|
for full time and
|
|
part time employees
|
part time employees
|
part time employees
|
(iii) Casual Employees
|
|
|
|
Level 1: Skilled
|
24.61
|
25.45
|
26.34
|
Level 2: Semi-skilled
|
22.84
|
23.62
|
24.45
|
Level 3: Semi-skilled
|
21.40
|
22.13
|
22.90
|
Level 4: Unskilled
|
20.57
|
21.27
|
22.01
|
17 year old
|
65% of adult wage
|
16 year old
|
60% of adult wage
|
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
Column 1
|
Column 2
|
Column 3
|
No.
|
No.
|
|
Rate per Week $
|
Rate per Week $
|
Rate per Week $
|
|
|
|
from the first full
|
from the first full
|
from the first full
|
|
|
|
pay period on or
|
pay period on or
|
pay period on or
|
|
|
|
after1/7/05
|
after 1/7/06
|
after 1/7/07
|
1
|
4.1
|
Meal Allowance
|
$13.39
|
$13.85
|
$14.33
|
2
|
4.2
|
First-Aid Allowance
|
$17.91
|
$18.52
|
$19.17
|
3
|
4.3
|
Laundering Allowance
|
$8.94
|
$9.24
|
$9.56
|
4
|
4.5
|
Service Allowance
|
|
|
|
|
|
3 years service
|
$7.65
|
$7.91
|
$8.19
|
5
|
4.5
|
Service Allowance
|
|
|
|
|
|
5 years service
|
$11.51
|
$11.90
|
$12.32
|
6
|
26
|
Cleaning Allowance
|
$7.79
|
$8.05
|
$8.33
|
7
|
26
|
Locomotion Allowance
|
$0.51
|
$0.53
|
$0.55
|
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.