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 ½ ) 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 ½ ) 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 (1½ ) 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.