Button Makers, (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers'
Union of New South Wales, Industrial Organisation of Employees.
(No. IRC 1262 of 2006)
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Before Mr Deputy
President Sams
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10 March 2006
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VARIATION
1. Insert in
numerical order in clause 2, Arrangement, of the award published 21 February 2003
(338 I.G. 393), the following new clause number and subject matter:
10A. Secure
Employment
2. Insert after
clause 10, Casual Employees, the following new clause:
10A. Secure
Employment
10A.1. Objective of this
Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
10A.2. Casual Conversion
10A.2.1. A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a calendar
period of six months shall thereafter have the right to elect to have his or
her ongoing contract of employment converted to permanent full-time employment
or part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
10A.2.2. Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
10A.2.3. Any
casual employee who has a right to elect under paragraph 10A.2.1, upon
receiving notice under paragraph 10A.2.2 or after the expiry of the time for
giving such notice, may give four weeks’ notice in writing to the employer that
he or she seeks to elect to convert his or her ongoing contract of employment
to full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
10A.2.4. Any
casual employee who does not, within four weeks of receiving written notice
from the employer, elect to convert his or her ongoing contract of employment
to full-time employment or part-time employment will be deemed to have elected
against any such conversion.
10A.2.5. Once a
casual employee has elected to become and been converted to a full-time
employee or a part-time employee, the employee may only revert to casual
employment by written agreement with the employer.
10A.2.6. If a
casual employee has elected to have his or her contract of employment converted
to full-time or part-time employment in accordance with paragraph 10A.2.3, the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 10A.2.3, discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial
Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
10A.2.7. Following
an agreement being reached pursuant to paragraph 10A.2.6, the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
10A.2.8. An
employee must not be engaged and re-engaged, dismissed or replaced in order to
avoid any obligation under this subclause.
10A.3. Occupational
Health and Safety
10A.3.1. For
the purposes of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for that
other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
10A.3.2. Any
employer which engages a labour hire business and/or a contract business to
perform work wholly or partially on the employer’s premises shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
10A.3.3. Nothing
in this subclause 10A.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
10A.4. Disputes Regarding
the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
10A.5. This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
3. This
variation shall take effect from 10 March 2006.
P.
J. SAMSD.P.
____________________
Printed by
the authority of the Industrial Registrar.