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New South Wales Industrial Relations Commission
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WORKERS RADIO SYDNEY AWARD
  
Date04/28/2006
Volume358
Part5
Page No.1161
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4565
CategoryAward
Award Code 1860  
Date Posted04/27/2006

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(1860)

(1860)

SERIAL C4565

 

Workers Radio Sydney Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Workers Radio Sydney.

 

(No. IRC 6633 of 2005)

 

Before The Honourable Justice Marks

2 February 2006

 

AWARD

 

1. Title

 

This Enterprise Award shall be known as the:

 

Workers Radio Sydney Award expiring 30 July 2008

 

2. Definitions

 

The Union: Media, Entertainment and Arts Alliance New South Wales Branch

 

The Award: Workers Radio Sydney expiring 30 July 2008 (hereinafter referred to as "the Award").

 

Executive Officer: Shall mean the person holding the office of the Executive Officer of the Workers Radio Sydney Editorial Committee.

 

Normal Rate of Pay: Shall mean the applicable wage rate per week or per hour.

 

3. Parties and Persons Bound

 

(a) Workers Radio Sydney is the employer with regard to Section 11 of the Industrial Relations Act 1996.

 

(b) Employees of Workers Radio Sydney as defined are the employees to which this Award relates with regard to Section 12(1) of the Industrial Relations Act 1996.

 

(c) Media Entertainment and Arts Alliance

 

4. Area, Incidence & Duration of the Award

 

This Award shall apply to the employment of Broadcasters and Broadcasters Assistant’s by Workers Radio Sydney broadcasting on Radio Skid Row. This Award shall take effect from 2 February 2006. The Award shall remain in force until 30 July 2008.

 

5. No Extra Claims

 

It is a term of this Award that employees will not pursue any further claims during the duration of the Award.

 

6. Wages

 

The radio broadcaster / producer shall be paid $510.00 gross per week for the first thirty five (35) weeks increasing to $860.00 gross per week from April 1st 2006. On August 1st 2006 and August 1st 2007 this weekly rate will be increased by the cost of living (CPI-Sydney) increase during the previous 12 month period.

 

Where a casual employee is engaged to assist the radio broadcaster / producer he / she will be paid $20.00 per hour for each hour worked. On August 1st 2006 and August 1st 2007 this hourly rate will be increased by the cost of living (CPI-Sydney) increase during the previous 12 month period. This rate for a casual employee is inclusive of any other allowances and provisions in this Award and specifically this rate is inclusive of payment for annual leave, public holidays, meal allowances etc and any applicable casual employee loading.

 

These rates and increases are paid in lieu of any increases granted by State Wage Cases of the Industrial Relations Commission of New South Wales.

 

It is agreed that there will be no other increases to wages or allowances for employees under this Award.

 

The rates of pay herein are inclusive of any incidental local travel expenses.

 

The Award is made subject to Part 5 of the Industrial Relations Act 1996 which provides for part-time employment, any such arrangements will be made as per Part 5 of the Act.

 

7. Probation

 

Employees will be subject to a probationary period of three (3) months.

 

8. Superannuation

 

The employer shall make superannuation payments monthly into Cbus or approved fund in accordance with the Superannuation Guarantee Levy. Where there is an entitlement to superannuation, the levy will be paid at the Normal Rate of Pay pus any applicable meal and / or living away form home allowances.

 

All superannuation contributions will be paid monthly as per the Trust Deed. The employer will allow employees to make additional contributions to their superannuation account by way of genuine salary sacrifice, i.e. from pre-tax earnings.

 

9. Terms of Employment

 

(i) Where employment is terminated by the employer other than for reasons of redundancy, payment in lieu of notice shall be at the Normal Rate of Pay only. Payment for superannuation, redundancy and / or any other allowances prescribed by this Award shall not be applicable for the notice period where notice is not worked. An employee (other than a casual employee) will de given four (4) weeks notice of termination. The employee will give the employer four (4) weeks notice of resignation.

 

(ii) The following issues prescribed by the relevant provisions of the New South Wales Industrial Relations Act 1996 the "Act" shall be read as a provision of this Award.

 

i. Union Right of Entry - Chapter 5 Part 7 of the Act;

 

ii. Parental Leave - Chapter 2 Part 4 Division 1;

 

iii. Part Time Work - Chapter 2 Part 5

 

In the event that any of these provisions change detrimentally to the interests of employees the parties agree to observe the provisions that apply in the Act applicable at the time this Award is made.

 

9.1 REDUNDANCY

 

9.2 APPLICATION

 

9.2.1 This clause shall apply to both full‑time and part‑time employees.

 

9.2.2 Notwithstanding anything contained elsewhere in this Award, this clause shall not apply to employees with less than one year's continuous service and the general obligation the employer shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

9.2.3 Notwithstanding anything contained elsewhere in this Award, this clause shall not apply where less than fifteen employees are employed by the employer or where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

9.3 INTRODUCTION OF CHANGE

 

9.3.1 The employer's duty to notify:

 

9.3.1.1 Where the employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

9.3.1.2 Significant effects include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this Award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

9.3.2 The employer duty to discuss change:

 

9.3.2.1 The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the proposed changes, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

9.3.2.2 The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes.

 

9.3.2.3 For the purpose of such discussion, the employer shall provide to the employees concerned, and the union to which they belong, all relevant information about the changes, including the nature of the changes proposed, the expected effect of the changes on employees and any other matters likely to affect employees, provided that the employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

9.4 REDUNDANCY

 

9.4.1 Discussions before terminations:

 

9.4.1.1 Where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

9.4.1.2 The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (i) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

9.4.1.3 For the purposes of the discussions the employer shall, as soon as practicable, provide to the employees concerned, and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any the employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

9.5 TERMINATION OF EMPLOYMENT

 

9.5.1 Notice for changes in production, programme, organisation or structure: This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure.

 

9.5.1.1 In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

 

Period of continuous service

Period of notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

9.5.1.2 In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice.

 

9.5.1.3 Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

9.5.2 Notice for technological change:

 

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology

 

9.5.2.1 In order to terminate the employment of an employee the employer shall give to the employee three months notice of termination.

 

9.5.2.2 Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof

 

9.5.2.3 The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

9.5.3 Time off during the notice period:

 

9.5.3.1 During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

9.5.3.2 If the employee has been allowed leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

9.5.4 Employee leaving during the notice period:

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that, in such circumstances, the employee shall not be entitled to payment in lieu of notice.

 

9.5.5 Statement of employment:

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

9.5.6 Notice to Centrelink:

 

Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

9.5.7 Centrelink Separation Certificate:

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

 

9.5.8 Transfer to lower paid duties:

 

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

 

9.6 SEVERANCE PAY

 

9.6.1 Where the employment of an employee is to be terminated pursuant to this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

9.6.1.1 If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of service

Under 45 years of age entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

9.6.1.2 Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of service

45 years of age and over entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

9.6.1.3 "Week's pay" means the ordinary rate of pay for the employee concerned at the date of termination.

 

9.6.2 Incapacity to Pay:

 

Subject to an application by the employer and further order of the Industrial Relations Commission, the employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (a) will have on the employer.

 

9.6.3 Alternative Employment:

 

Subject to an application by the employer and further order of the Commission, the employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (a), if the employer obtains acceptable alternative employment for an employee.

 

10. Payment of Wages

 

(a) All wages, allowances and other monies will be paid by into an account in the name of the employee (whether or not jointly with another person) at a financial institution by electronic transfer of funds or other means;

 

(b) Payments shall be paid and available to the employee not later than the cessation of ordinary hours of work on Thursday of each working week.

 

(c) The employer will provide a payslip in accordance with Part 4 Clause 7 of the Act Regulations to all employees on the day that their wages, allowances and other monies are paid by into their account. Part 4 Clause 7 of the Act Regulations will be read as a term of this Award.

 

(d) Provided that in any week in which a holiday falls on a Friday wages accrued shall be paid on the previous Wednesday and provided further that when a holiday occurs on any Thursday wages accrued may be paid on the following Friday. Nothing shall prevent any alternative mutual arrangement between the employer and an employee.

 

(e) Payment on Termination. When notice is given in accordance with clause 9 of this Award all monies due to the employee shall be paid at the time of termination.

 

(f) If requested the employer will deduct from wages and remit union fees on a monthly basis for employees.

 

11. Annual Leave and Public Holidays

 

An employee (other than a casual employee) will be entitled to 20 days annual leave after completing 48 weeks employment. The loading applicable on annual leave shall be 30%. This additional loading is in recognition of the requirement to work public holidays provided for in this Award. Annual leave shall be taken in a block period, from the last working day Monday to Friday before Christmas Day each year unless agreed otherwise by the Executive Officer or nominee. The employer agreement for an alternate block of annual leave will not be unreasonably withheld on condition that there is a reasonable period of notice. Otherwise the provisions of the Annual Holidays Act 1944 shall apply.

 

Due to the nature of radio broadcasting, all Monday to Friday public holidays shall be worked except Christmas Day and Boxing Day. On the public holidays worked as required by this Award the employee will work only four (4) hours but will be paid double the Normal Rate of Pay for these hours but not meal allowance for the day.

 

12. Dispute Settlement Procedures

 

Procedures relating to grievances of employees are as follows notwithstanding section 14(4) of the Act:

 

(a) The employee or their Alliance representative is required to notify (in writing or otherwise) the appropriate Executive Officer or nominee as to the substance of any grievance. At a meeting with the Executive Officer or nominee called to discuss the grievance, the employee or their Alliance representative shall state the remedy sought.

 

(b) At the conclusion of the discussion, the Executive Officer or nominee must provide a response to the grievance; if the matter has not been resolved, including reasons for not implementing any purposed remedy. If it is not possible for the Executive Officer to respond he / she will respond within seven (7) days.

 

(c) An employee not satisfied with the response of the Executive Officer or nominee has the right to have correspondence detailing any grievance tabled at a meeting of the Editorial Board of Workers Radio Sydney. The Executive Officer will arrange within seven (7) days for a written response to any grievance and the outcome of the Board deliberation.

 

(d) Nothing in this clause precludes the right of an employee, their Alliance representative or the employer to refer any grievance or dispute to the appropriate industrial tribunal.

 

(e) At any stage of this dispute settling procedure an employee may elect to have or their Alliance representative in attendance.

 

13. Hours of Work / Rostered Days Off / Overtime

 

Hours of work will be 38 ordinary hours per week. An employee (other than a casual employee) will work from 5.30am to 3.10pm each work day Monday to Friday. Where agreement is reached with an employee a different start and finish time may apply. There is provision herein for a thirty (30) minute unpaid meal break.

 

The weekly wage rates in Clause 6 of this Award (other then for a casual employee) are payable for the hours required in this clause 13 and are inclusive of one and a half (1 ) hours overtime worked each day. No other overtime will required except by written agreement with the Executive Officer.

 

14. Long Service Leave

 

For each ten (10) years of continuous service an employee shall receive an entitlement to thirteen (13) weeks long service leave.

 

After five (5) years continuous service as an employee, upon termination of employment for any reason other than as a result of gross misconduct, gross neglect of duty, misappropriation of funds, the employee shall receive pro rata payment.

 

A loading on long service leave entitlements of 15% will be paid by the employer. The loading is made in recognition that an employee is required to attend to matters affecting the radio broadcast where reasonable and unless impracticable during periods of long service leave. Further, it is recognised that long service leave is not always available at the time an employee desires due to the needs of the employer and the nature of radio broadcasting.

 

In the event of death, long service leave entitlements shall be paid to the estate of the employee, to be distributed in accordance with law. Meal allowance is not payable on such leave. Otherwise the Long Service Leave Act 1955 shall apply.

 

15. Leave

 

15.1 Sick Leave. Employees (other then a casual employee) shall be entitled to six (6) accrued sick days in the first year of service increasing to eight (8) days in the next and subsequent years of service. Sick leave will accrue to a maximum of eighty (80) days. Meal allowance is not payable on sick leave. In the first year the six sick days will accrue at the rate of one day every eight weeks until the maximum six are accrued, and in the second and subsequent years the eight sick days will accrue at the rate of one day every six weeks until the maximum eight are accrued

 

A doctor’s certificate shall be required prior to payment for more than two (2) consecutive days of sick leave or where there are excessive sick leave absences as determined by the Executive Officer or nominee.

 

15.2 Carer’s Leave

 

(1) Use of Sick Leave

 

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in (1)(c) 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 15.1, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(2) the person concerned being:

 

(a) a spouse of the employee; or

 

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

 

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

(i) "relative" means a person related by blood, marriage or affinity;

 

(ii) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(iii) "household" means a family group living in the same domestic dwelling.

 

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2) Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in (1)(c)(2) above who is ill.

 

(3) Annual Leave

 

(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

(4) Time Off in Lieu of Payment for Overtime

 

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

 

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

 

(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause above, 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.

 

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the Award.

 

(5) Make-up Time

 

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of the ordinary hours provided in the Award, at the ordinary rate of pay.

 

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

15.3 Bereavement Leave

 

(1) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (3) of this clause. An employee on weekly hiring shall be entitled to a maximum of three days leave without loss of pay, subject to the production of satisfactory evidence of the death of the employee’s spouse, de facto spouse or child.

 

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

 

(3) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of carer’s leave as set out in this clause, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned. An employee (not a casual) who is entitled to bereavement leave without loss of pay subject to the production of satisfactory evidence of death of the employee’s spouse, de facto spouse, child, father, mother, brother, sister, mother-in-law, father-in-law, grandparent and grandchild, shall by agreement with the employer be entitled to a further five working days without pay and the employer’s consent shall not be unreasonably withheld.

 

(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.

 

(5) Bereavement leave may be taken in conjunction with other leave available under this clause. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15.4 Jury Service

 

(1) An employee required to attend for jury service during the employee’s ordinary workings hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on such jury service.

 

(2) An employee shall notify the company as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the company proof of this attendance, the duration of such attendance, and the amount received in respect of such jury service.

 

16. Living Away from Home

 

An employee (other than a casual employee) who maintains a separate place of residence outside of Sydney will be paid a living away from home allowance of $200.00 per week. Evidence of this arrangement is the initial Employment Form signed by an employee and verification to the employer. However such employees will be requested to re-locate to Sydney within nine (9) months of commencement of engagement. Upon relocation this living away from home allowance will cease.

 

17. Overtime Meal Allowance

 

An overtime meal allowance of $20.00 is payable to an employee (other than a casual employee). This allowance is payable for each day where an employee is required to work for at least one and a half (1 ) hours after working eight (8) hours ie. the hours 5.30am to 2.40pm. This meal allowance is not payable on long service leave, sick leave, annual leave and public holidays worked in accordance with this Award. If an employee (other than a casual employee) does not work the one and a half (1 ) hours required in clause 13 of this Award the meal allowance provided for herein is not payable.

 

18. Equipment

 

An employee (other then a casual employee) unless agreed otherwise will be requested to provide a lap top computer and mobile phone to perform his / her duties as a condition of employment. The employer will pay an employee (other then a casual employee) an allowance of $35.00 per week ($7.00 per day) to cover an employees out of pocket expenses.

 

19.Counselling. and Disciplinary Procedures

 

The employer recognises the importance of clear and understood counselling and disciplinary procedures. Attached hereto as Appendix A of this Award are the Award procedures.

 

19. Discrimination and Sexual Harassment

 

See Appendix B.

 

This provision will be strictly complied with by the employer.

 

20. Declaration

 

The parties declare that this Enterprise Award:

 

Is not contrary to the public interest;

 

Was not entered into under duress;

 

Is not unfair, harsh or unconscionable;

 

Is in the interests of the parties.

 

Signatories

 

This Award is signed for and on behalf of Workers Radio Sydney by the Executive Officer.

 

Employees engaged after the establishment of this Award will be required to sign a copy of this Award prior to commencement of employment.

 

All employees will be given a copy of this Award upon engagement.

 

APPENDIX A

 

Counselling and Disciplinary Procedures / Termination of Employment

 

Counselling and Disciplinary Procedures

 

Upon commencement of employment an employee will be advised of the following procedure. The procedure will apply in all cases where formal counselling and disciplinary action is necessary.

 

Performance / General Misconduct

 

In the event that an employee fails to maintain satisfactory performance levels in the case of general misconduct (e.g lateness for work), the following counselling procedure will be consistently applied.

 

Step 1 - Verbal Warning / Counselling

 

The Executive Officer or nominee shall have a discussion with the employee in which it will advise him / her of the problems that it believes exists. The employee will then have the opportunity to respond. If appropriate the Executive Officer or nominee will then:

 

Remind the employee of the procedures;

 

Issue a first verbal warning;

 

Advise the employee of the standards of improvement required;

 

A note of this warning will be maintained on file.

 

Step 2 - First Written Warning / Improved Performance

 

If the employee fails to meet the standards of improvement in accordance with Step 1 within a reasonable period of time, the Executive Officer or nominee shall have a further discussion with the employee in which it will advise him / her of the problems that it believe to exist. The employee will then have the opportunity to respond. If appropriate the Executive Officer or nominee will then issue a written warning detailing:

 

The issues of concern;

 

The standards of improvement required.

 

A note of this warning will be maintained on file.

 

Step 3 - Final Written Warning / Improvement Performance

 

If the employee fails to meet the standards of improvement with Step 2 within a reasonable period of time, the Executive Officer or nominee shall have a further discussion with the employee and will advise him / her of the problems that is believed to exist. The employee will then have the opportunity to respond. If appropriate the employer will then issue a final written warning detailing:

 

The issues of concern;

 

The standards of improvement required;

 

That it is a final written warning and that failure to meet the standards of improvement stated therein will lead to dismissal.

 

Step 4 - Dismissal

 

If after receiving a final warning, the employee repeats the same conduct within a reasonable period, then the employee may be terminated.

 

If the employee fails to meet agreed standards of improvement in accordance with Step 3 within a reasonable period of time, the Executive Officer or nominee shall have a further discussion with the employee in which he / she will be advised of the problems that it believes exist. The employee will have the opportunity to respond. If appropriate the Executive Officer or nominee may then issue a written notice of dismissal in accordance with this Award detailing the reasons for the dismissal.

 

At all stages during this process the employee has the right to involve a representative of their industrial organisation in accordance with Section 14(3) of the Industrial Relations Act 1996.

 

Serious and Wilful Misconduct

 

In the case of serious and wilful misconduct, the following procedure will be followed:

 

The Executive Officer or nominee shall have a discussion with the employee in which it will advise him / her of the alleged serious and wilful misconduct. The employee will have the opportunity to respond to the allegation. If appropriate the Executive Officer or nominee may then issue a written notice of dismissal detailing the reasons for the dismissal.

 

Role of the Signatory Union

 

At any stage of the procedures in this Appendix an employee may have a representative of his/her Union in attendance.

 

APPENDIX B

 

Discrimination and Sexual Harassment

 

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

 

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

 

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

 

IV. Nothing in this clause is to be taken to affect:

 

(a) Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b) Offering or proving junior rates of pay to persons under 21 years of age;

 

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

 

(d) A party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

In respect to this the aim of the employer is to provide a work environment free from all types of discrimination and sexual harassment for all employees fully supporting the Sex Discrimination Act 1984 and the Anti Discrimination Act 1977.

 

The employer fully complies with all applicable requirements of the federal and state legislation on discrimination, including, but not limited to discrimination on the grounds of religion, national origin, marital status, gender, disability or age.

 

There is an expressed commitment by the employer to prohibit discrimination against applicants or employees in employment, promotion, demotion, transfer, recruitment, recruitment advertising, stand downs, termination, rates of pay and other forms of compensation, and election for training.

 

Sexual harassment is unacceptable behaviour, which is not asked for and can take many forms, obvious or subtle, direct of indirect.

 

It can include, but is not limited to display of sexually suggestive, offensive degrading material, computer screensavers and email, sexually suggestive looks and comments, wolf whistling or physical contact and indecent assault.

 

Any alleged complaint of discrimination or sexual harassment will be handled with upmost confidentiality, fairly and expeditiously, for all those involved.

 

At all stages during this process the employees have the right to involve a representative of their industrial organisation in accordance with Section 14(3) of the Industrial Relations Act 1996.

 

Ultimately, the responsibility for discrimination and sexual harassment matters lies with the Editorial Board of Workers Radio Sydney.

 

 

 

F. MARKS J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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