Pet
Food Manufacturers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by National
Union of Workers, New South Wales Branch, Industrial Organisation of
Employees.
(No. IRC 754 of 2006)
Before The Honourable
Justice Walton, Vice-President
|
26 February 2006
|
VARIATION
1. Delete clause
11, Sundays and Holidays of the award published 24 November 2000 (320 I.G.
563), and insert in lieu thereof the following:
11. Sundays and
Holidays
(i) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day, and Boxing Day
are observed and an additional holiday which shall be held on the last Monday
in October, together with all other days proclaimed by the government as public
holidays shall be recognised as holidays and no deductions shall be made from
the wages of weekly employees for such holidays even though not worked;
provided that in the case of shift workers, each such holiday shall be deemed
to commence at the usual starting time of the ordinary hours of work of the day
shift on the day of the holiday and at the corresponding time of the following
day except where the usual starting time of the ordinary hours of a shift
commence at or before midnight on a Sunday, in any factory, in which case each
such holiday shall be deemed to commence at the same time at or before midnight
on the day before such holiday at the usual starting time of the ordinary hours
of work of the shift to commence at or before midnight on a Sunday and to end
at the corresponding time on the day of the holiday. In a locality where Labour Day and/or the last Monday in October
are not observed a day in lieu thereof, to be arranged between the employer and
their employees shall be granted.
(ii) An employer
and an employee, or an employer and the majority of employees in an
establishment, may agree to observe an alternative day as a holiday in lieu of
the last Monday in October.
(iii) An employer
required to work on a Sunday shall be paid at the rate of double time.
(iv) An employee
required to work on any of the holidays specified in subclause (i), of this
clause, shall be paid at the rate of double time and one half.
(v) An employee discharged,
except for misconduct, within fourteen days of any of the holidays specified in
subclause (i), of this clause, shall be paid for such holidays, specified in
subclause (i), of this clause, shall be paid for such holidays; provided that
such employee has been employed for a period of not less than fourteen days
immediately prior to the date of the employee's discharge.
(vi) An employee
who absents themselves, without leave, on the working day immediately preceding
or the working day immediately succeeding any of the holidays specified in
subclause (i), of this clause, shall not be entitled to payment for such
holidays.
2. This
variation shall take effect from 6 March 2006.
M.
J. WALTON J , Vice-President
____________________
Printed by the
authority of the Industrial Registrar.