SPOTLESS SERVICES
BLUESCOPE STEEL SITE CLEANING AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, Industrial Organisation of
Employees.
(No. IRC 5865 of 2005)
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Before Commissioner
Connor
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22 January 2007
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REVIEWED AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Application
and Parties Bound
3. Term of award
4. Objectives
of Award
5. Intent
6. Performance
Initiatives
7. Contract
of Employment
8. Wages and
Allowances
9. Working
Arrangements
10. Meal
Breaks
11. Annual
Leave and Loading
12. Public
Holidays
13. Long
Service Leave
14. Personal
Leave
15. Parental
Leave
16. Jury
Service
17. Continuity
Agreement
18. Union
Membership and Elected Delegates
19. Trade
Union Training
20. Clothing
and Personal Protective Equipment
21. Superannuation
22. Notice
Boards
23. Right of
Entry
24. Employee
Entitlements
25. Abandonment
of Employment
26. Service
Fee
27. Blood
Donors
28. Anti Discrimination
and Harassment
29. Duress
30. Transmission
of Business
This Award shall be known as the Spotless Services BlueScope
Steel Site Cleaning Award 2004.
2. Application and
Parties Bound
This Award shall apply to all employees of Spotless Services
Australia Limited who:
Are engaged by the company in performing cleaning
services on site at BlueScope Steel Port Kembla; and
Were formerly employed by Kembla Site Services
("KSS") being a division of BlueScope Steel.
3. Term of Award
This award shall commence its operation on 13 July 2005 and
remain in operation for a period of twenty four (24) months.
This award rescinds and replaces the Spotless Services
BlueScope Steel Site Cleaning Award 2004 published on 25 February 2005 (348
I.G. 823).
4. Objectives of
Award
The objectives of this Award are to:
Enable the company to tender for, and perform work in
the area covered by the Agreement in a productive, efficient and orderly way,
and
Provide appropriate remuneration and conditions of employment
for employees working under the terms of the Agreement.
Encourage employees to work in a productive, efficient,
flexible and safe way in accordance with their full skill and competence to
meet the requirements of the employer and their client.
5. Intent
The intent of this award to create an environment that
enables employees to work together in a cooperative manner.
6. Performance
Initiatives
The Parties recognise the financial performance of the
Company and their respective futures; prosperity and employment security are
inextricably linked: There are a range of issues that represent opportunities
to enhance the Company's performance in the areas of health and safety, Company
and employee relationships, learning and development, quality, productivity,
efficiency, flexibility, cost effectiveness and achievement of contractual
Performance Targets.
6.1 Continuous
Improvement and Innovation
The Parties to this Award are committed to the
philosophy of improvement and innovation through effective people and business
management. Employees will be encouraged to contribute not only through effort
but also through good ideas. We will also promote the concept of employees
challenging decisions where there maybe better ways of doing things.
6.2 Occupational
Health and Safety
The parties to this agreement abhor the loss of life,
sickness and disability caused at work. The parties agree to the establishment
of health and safety committees in each workplace and the recognition of rights
and training for health and safety representatives.
The parties are committed to pursuing the best means of
safeguarding and improving the working life and health of employees.
The employer may, from time to time, issue regulations
designed to increase safe working practices and conditions. On a variety of
projects and sites where the employer undertakes work and regulations and
Principles of the Employer are in force concerning safety restrictions, it is
an express condition of employment of all employees covered by this Agreement
that such regulations as are issued from time to time will be strictly
observed. It is recognised by the parties to this Agreement that failure to
observe these regulations can be grounds for instant dismissal. It shall be the
duty of the employers to ensure that each employee is made aware of the
regulations in force on the project or site on which such employee works.
Employees will assist contractors in the implementation of safety programs,
which are based on continuous improvement.
6.3 Consultative
Committee
The parties agree to establish a consultative committee
to assist the parties improve productivity, efficiency and to provide for the
effective involvement of employees in the decision making process. The committee
will consist of an equal number of company and union representatives and the
parties will work to set up their own charter on establishment.
The objectives of the committee are to investigate,
determine, and make recommendations on matters including but not limited to:
(i) introduction
of new technology
(ii) changes to
work organisation
(iii) expansion and
investment
(iv) quality
(v) productivity
improvement
(vi) new management
practices
Union representatives will have an, open invitation to
participate in the committee and will have adequate time and access to the
employees they represent:
(i) prior to the
Committee meetings to prepare for agenda items
(ii) following
Committee meetings to report back, when necessary, on issues discussed.
Committee members will be provided with all relevant
information and access to documentation and data pertaining to the subject
matter in order to assist the consultative process, except where the company is
unable to do so for privacy or confidentiality reasons.
6.4 Equal
Employment Opportunity
The Parties agree to comply with and promote the
principles of equal opportunity legislation.
7. Contract of
Employment
The Parties to this Award are committed to the philosophy of
full time employment; but also recognise that to be competitive alternative
work arrangements will be required.
Nature of Employment
Employment shall be full-time, or fixed term as is
specified in the formal Letter of Offer of Employment. Employees shall perform
work according to the following conditions:
By arrangement; employees shall work the ordinary
working hours according to the work roster as the business needs may require
from time to time as identified in Clause 10 of this Award.
Employees are expected to work reasonable overtime as
required by the Company in addition to the rostered ordinary working hours.
Employees must use such protective clothing and
equipment provided by the Company for specific circumstances.
Employees must comply with safety requirements of the
Company.
7.1 Types of
employment
Full Time Employment
An employee who has not been specifically employed on a
part time or casual basis shall be deemed to be employed full time. Spotless
Services shall not contract outside of this Award. In other words there will be
no other forms of employment except for those contained within Clause 8 of this
Award (eg. no individual contracts, Australian Workplace Agreements or
Prescribed Payment Systems).
Fixed Term Employment
The introduction of fixed term employment will be
agreed between the parties to suit the circumstances of the business.
7.2 Performance of
Duties
Spotless Services may direct an employee to carry out such
duties as are within the limits of the employee's skill, competence and
training consistent with the classification structure of this Award provided
that such duties are not designed to promote de-skilling, and payment will be
in accordance with the classification structure.
7.3 Absence
without Pay
Any employee not attending for duty shall not be paid
for the actual time of such absence unless the absence is in accordance with
Clause 14 (Paid Time Off) of this Award and has been authorised.
7.4 Termination of
Employment
7.4.2 Notice for
termination or dismissal of employment will be in accordance with the
following:
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Period of
Continuous Service
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Notice Period
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More than 1 month but less than 1 year
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At least 1 week
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More than 1 year but no more than 3 years
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At least 2 weeks
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More than 3 years but no more than 5 years
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At least 3 weeks
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More than 5 years
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At least 4 weeks
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Note:
Payment in lieu of notice shall be made if the appropriate
notice period is not given. The notice of termination required to be given by
an employee shall be the same as that required of an employer. By mutual
agreement, the parties may enter into an arrangement that suits either party
with a minimum notice period of not less than one (1) week. An employee
required to work during their notice period shall have that amount deducted
whilst not at work during the notice period as required by the Company. (Notice
period is increased by one week if an employee is over 45 years of age; subject
to having completed at least two (2) years continuous service).
7.4.3 Redundancy
Should the need for any redundancies arise there shall
be consultation and agreement between the company and the union which agreement
will reflect prevailing redundancy pay standards at the time the redundancies
are put into effect. No forced 'redundancies shall be made during the life of
the contract without prior and extensive consultation with the union.
Termination
The company may dismiss an employee without notice for
serious or gross misconduct. Without limiting the generality of this clause the
phrase "serious or gross misconduct" includes theft of company
property, violence in the workplace, being in the workplace while affected by
alcohol or drugs of intoxication etc.
7.5 Recovery of
Monies Owed
It is agreed that in the event of an employee's
employment being terminated for any reason, any monies advanced to the employee
by Spotless Services shall be recovered by the Company from any accrued
entitlements owing to the employee and in accordance with the law.
7.6 Facilities
Spotless Services shall provide on-site facilities for
its employees. These facilities shall be made available to all employees and
shall include lockers, shower area, crib rooms etc.
7.7 Transport of
Employees
An employee without personal transport working overtime
on short notice, and with no access to public transport, shall be transported
to their place of residence, or to a place where public transport is available.
8. Wages and
Allowances
The wage rates and allowances contained in this Award apply
to on site cleaning and ancillary work.
8.1 An employee's
remuneration shall be as provided for in this Award and notified to prospective
employees in the Letter of Offer of Employment and the Acceptance of
Appointment form or as varied from time to time.
8.2 The following
wage rates will be paid (for the performance of a 38-hour week) for the
respective classifications from the first pay period commencing on or after the
specified date.
8.2.1 Classification
Structure -
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Classification
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Rate
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Cleaner
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13/07/05 $18.67 per hour for all ordinary hours
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12/07/06 $19.51 per hour for all ordinary hours
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Team Leader
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From 13/07/05
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In Charge of 1-5 employees $26.96 pw
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In charge of 6-10 employees $32.92 pw
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In charge of 11-15 employees $39.29 pw
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In charge of 16-20 employees $44.52 pw
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Over 20 employees$48.80 pw
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Plus an additional $1.08 pw for each employee in addition
to 20
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From 12/07/06
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In Charge of 1-5 employees $28.17 pw
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In charge of 6-10 employees $34.40 pw
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In charge of 11-15 employees $41.06 pw
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In charge of 16-20 employees $46.52 pw
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Over 20 employees $51.00 pw
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plus an additional $1.13 pw for each employee in addition
to 20
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8.2.2 First Aid
Allowance
An employee who is appointed by the Company to render first
aid, and holds a current recognised and accredited first aid certificate shall
be paid an allowance of $9.80 per week.
8.2.3 Confined Space
Allowance
A confined space allowance of 51c per hour will be paid
in the following manner. A "Confined Space", means a compartment,
space or a place the dimensions of which necessitate an employee working in a
stooped or otherwise cramped position or without proper ventilation.
8.3 Mixed
Functions
An employee engaged for more than two (2) hours on any
day or shift carrying a higher rate than their classification shall be paid the
higher rate for such day or shift. If engaged for two (2) hours or less during
one day or shift the higher rate shall be paid for actual time worked.
8.4 Payment of
Wages
All earnings shall be paid to employees by electronic
transfer on a weekly or fortnightly basis into a bank account or other
financial institution nominated by the employee.
Details of payment to employees on pay slips shall
contain the following information:
Name of employee
Classification of the employee and reference number
Date of payment (including period of payment)
Classification rate (hourly)
Hours of work (normal and overtime) • Allowances
Deductions (such as union, salary sacrifice)
Special Payments (such as Annual Leave Payment)
Long Service Leave payments
The company will provide Paid Time Off (PTO) balance
statements to each employee at the end of every quarter.
8.5 Payment on
Termination
Upon termination of employment, wages due to an
employee shall be paid on the day of such termination, or forwarded to them by
post or electronic fund transfer on the next working day.
9. Working
Arrangements
9.1 Hours of work
The ordinary hours of work shall be 38 hours per week
which will generally be worked in 8.0 hour days between 0600 (6.00 am) and 1800
(6:OOpm) hours, Monday to Friday. The ordinary hours of work may also be worked
in other configurations as mutually agreed between the employees concerned and
Spotless Services subject to work patterns meeting the Company's operational
requirements and the needs of the business.
Where there is a need to vary the pattern of working
the ordinary hours of work, the Company and the work team shall consult on the
variation. Failing agreement, the Company shall give that work team and/or
individual employees concerned two day's (48 hours) notice of the variation.
By agreement between the parties, hours may be varied
either way by one hour.
9.1.1 Extensive Hours
of Work
The Parties recognise that long working days on a
regular basis may not be conducive to a safe, healthy and productive work
environment. Where hours on any day worked exceed twelve consecutive hours they
shall be subject to:
Working within the Occupational Health and Safety Guidelines
of the ACTU Code of Conduct regarding twelve (12) hour shifts
Proper health monitoring procedures being adopted
Suitable roster arrangements
Effective support from management
9.1.2 Daylight Saving
When daylight saving comes into effect or is
discontinued, employees shall be paid by the time of the clock at the
commencement and conclusion of their shifts. Night shift employees who are at
work when the clocks are altered will either work one hour longer for no
additional pay or one hour less for no reduction in pay.
9.2 Shift Work
"Shift Work" means shift work scheduled for
five consecutive workdays or more, Monday to Friday inclusive.
The Company through consultation with work teams can
direct employees to work shift work as required, and the employees shall work
the shift work as directed. The time of commencing and finishing shifts once
having been determined may be varied by agreement between the Company and the
majority of employees concerned to suit the business or, in the absence of agreement,
by 48 hours notice of alteration given by the Company to the employees.
Where shifts fall partly on separate days, the day that
has the major portion of the shift shall be recognised. Where shifts fall
partly on a holiday, the shift that has the major portion falling on the public
holiday shall be regarded as the holiday shift.
9.2.1 Afternoon Shift
"Afternoon" Shift means any eight (8) hour
shift finishing after 6.OOpm and at or before midnight. Employees working on
afternoon shift shall be paid a loading of 13% calculated on the employee's
base rate of pay for ordinary hours only.
9.2.2 Night Shift
"Night Shift" means any eight (8) hour shift
finishing subsequent to midnight and or before 8.OOam. Employees working on
night shift shall be paid a loading of 26% calculated on the employee's base
rate of pay for ordinary hours only.
Provided that, where the employer and the majority of
employees concerned agree, a roster system may operate on the basis that the weekly
average of 38 ordinary hours is achieved over a period which exceeds 28
consecutive days.
9.2.3 Rostered Shift
A "Rostered Shift" means a shift of which the
employee concerned has had at least 48 hours notice, or has otherwise agreed to
work.
9.2.4 Shift Rosters
Shift. Rosters
Shall Specify the Commencing and Finishing Times of Ordinary Hours of the
Respective Shifts. Where Shifts Are Broken Penalties Shall be Applied as Per
Overtime Entitlements.
9.2.5 7 Day
Continuous Shift
Employees may be rostered to work as 7 day Continuous
Shift Workers. The conditions of such rostering shall be:
1. Ordinary Hours
May Not Exceed 8 in Any Consecutive 24;
2. The pay rate
will be the ordinary rate of $18.67(from 12107/06 $19.51) per hour for all
ordinary hours worked Monday to Friday.
3. For hours
worked outside the ordinary hours span, penalty rates shall apply;
4. Five (5) weeks
annual leave will accrue to compensate the employees for their 7 day Continuous
Shift status.
9.3 Rostered Break
Between Shifts
When overtime is worked it shall, where ever reasonably
practicable, be so arranged that an employee has a: least ten consecutive hours
off duty between the work of successive days. An employee (other than casual
employees) who works so much overtime between the completion of the ordinary
hours worked on any day and the commencement of ordinary hours on the next day
that the employee has not had at least ten consecutive hours off duty between
those times shall, subject to this subclause, be released after completion of
such overtime and not required to recommence work until the employee has had
ten consecutive hours off duty without loss of pay for ordinary working time
rostered during such absences.
If on instructions by the Company, an employee resumes
or continues to work without having had ten (10) consecutive hours off duty,
the employee shall be paid at double time until the employee is released from
duty for such period and the employee shall then be entitled to be absent until
the employee has had ten (10) consecutive hours off duty without loss of pay
for ordinary hours during such absences.
9.4 Overtime
Work performed outside of ordinary hours shall be
deemed to be overtime and paid (excluding shift work) as follows:
Monday to Friday - time and a half for the first two
hours and double time thereafter
Saturday-time and a half for the first two hours and
double time thereafter. Any hours worked after 12 noon on -Saturday will be
paid at double time.
Sunday - at double time.
Public Holidays - at double time and a half.
The penalties mentioned above shall be applied to the
base hourly rates as defined in Clause 9.
Where an employee is required to and actually works
overtime without prior notification from the employer then that employee is
entitled to and will be paid a meal allowance of $9.40 for the first 2 hours of
such overtime work being performed and for each subsequent 4 hours of overtime
performed a further meal allowance of $9.40 will be paid. Meal Allowance from
12107/05 $9.82
9.4.1 Shift Workers -
Payment for Saturday, Sunday; Public Holidays and Overtime
A shift employee working on a Saturday, Sunday, public
holiday or on overtime will be paid as follows:
Saturday work - time and a half
Sunday work - double time
Public Holiday work - double time and a half
Overtime worked other than Sundays or public holidays -
time and a half for first two hours and double time thereafter
9.5 Rostered Days
Off (RDO)
The ordinary hours of work shall be rostered to provide
employees with one Rostered Day Off per month (four week cycle).
The RDO's shall be taken as mutually agreed between the
employee and the Area Manager to suit the need of the business. If agreement cannot
be reached employees may be directed to use any day/s accumulated RDO, provided
24 hours notice is given to the employee the previous day.
RDO's may be accrued to a maximum of ten days unless
previously agreed with the Area Manager.
Where an RDO falls on a Public Holiday the next working
day shall be taken as the RDO or may be taken as mutually agreed between the
employee and the Company.
9.6 Call Back
Where an employee is recalled to work after leaving the
workplace the following shall apply:
(a) the Employee
Shall be Paid for a Minimum of Four Hours at the Rate of Time and Half for the
First Two Hours and Double Time Thereafter (Or Double-Time for the Full Period
for Continuous Shift Workers). (Weekend Call Out Will be Paid at the Overtime
Rate): There Are Number of Conditions which Apply to This Provision:
If the employee is recalled on more than one occasion
between the termination of their ordinary work on one day and commencement of
their ordinary hours on the next ordinary working day; the employee shall be
entitled to the four hours minimum overtime payment. However, in such
circumstances it is only the time which is actually worked during previous call
or calls which is to be taken into account when determining the rate for
subsequent calls.
The employee will not be required to work the full four
hours if the job in question is completed within a shorter period.
Overtime worked in this clause is not to be regarded as
overtime for the purpose of 10.3, rest periods after overtime, when the actual
time worked is less than three hours on the call back or each call back.
9.7 Stand By
Where an employee is requested by the Company to
regularly hold himself/herself in readiness to work after ordinary hours, the
employee is to be paid standing by time at the employee's rate of pay for the
time he/she is standing by.
Where an employee is called in to work without prior
notification of having to stand by in readiness to work after ordinary hours; a
stand by payment shall not be made. Payment shall be as per Clause 9.6 (Call
Back).
10. Meal Breaks
10.1 A 30 minute
unpaid meal break shall be taken at a time convenient to the operations and the
business, as near as practicable to the middle of the day or shift,
respectively. Employees shall be entitled to a paid ten minute morning break
each weekday.
10.2 Employees shall
be paid at overtime rates for all time worked in excess of five hours without
commencing an uninterrupted meal break or crib break.
10.3 Employees
required to work more than a 10-hour shift shall be entitled to a 20 minute
crib break and to a further crib break in respect of each completed four hours
of overtime after the initial eight hours (exclusive of the crib break), if
they are to continue work after such four hours. Employees shall be paid $8.00
(meal allowance) to purchase each meal. A meal allowance shall be paid after
ten hours.
10.4 Employees
required to work overtime not continuous with ordinary hours shall be entitled
to a crib break in respect of each completed four hours of overtime (exclusive
of crib break) if they are to continue after such four hours.
10.5 Employees who
agree not to take a crib break to which they are entitled but continue to work
instead, shall be paid equivalent to the period of crib time in addition to the
time worked.
10.6 The crib break
referred to herein may be taken in relays so as not to have a significant
impact on operations and so long as they do not exceed 20 minutes in duration
and shall be paid at ordinary time rates.
11. Annual Leave and
Loading
The provisions of the NSW Annual Leave Act 1944 shall
apply. A loading of 20% shall apply to
all leave given and taken.
12. Public Holidays
The following days shall be prescribed public holidays for
the purposes of this Award where days are gazetted by the NSW Government as
substitution or in addition to the following days those days shall apply.
New Years Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queens Birthday
Labour Day
Steelworks Picnic Day (as notified) Christmas Day
Boxing Day
13. Long Service
Leave
The provisions of the NSW Long Service Leave Act 1955
shall apply.
14. Personal Leave
14.1 Amount of Paid
Personal Leave
14.1.1 Paid personal
leave is available to an employee when they are absent:
due to personal illness or injury (sick leave)
for the purposes of caring for an immediate family or
household member who is sick and requires the employee's care and support
(carers leave)
for bereavement on the death of an immediate family or
household member (bereavement leave).
14.1.2 The paid
Personal Leave entitlement for employees covered by this award shall be:
1. For employees
with less than 12 months service - 56 hours per annum.
2. For employees
with more than 12 months service - 90 hours per annum.
14.1.3 Employees may
access their Personal Leave entitlement by:
1. Providing the
company with no less than 24 hours notice of any intention to take Personal
Leave. In such a case the company must give its approval before Personal Leave
may be accessed, or
2. In the case of
genuine sick leave emergencies where prior notice cannot be given the employee
must provide a Medical Certificate. In such a case the employee must inform the
company prior to commencement of shift as to the absence, or
3. In the case of
bereavement, the employee must provide the company with evidence of the
bereavement.
14.1.4 Where Personal
Leave is sought, the company and the employee will discuss and agree on the
most appropriate block of time and the pattern in which it is to be taken.
14.1.5 Annual Leave and
Long Service Leave will accumulate and be taken in accordance with State
Legislation:
15. Parental. Leave
Provisions of the NSW Industrial Relations Act 1996
will apply.
16. Jury Service
An employee required to attend for jury service during
ordinary working hours shall be reimbursed by the Company an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount paid in respect of ordinary time the employee would
have worked had the employee not been on jury service.
17. Continuity
Agreement
Employees will carry out such duties as are necessary to
provide such continuous operations.
Parties to this Award will not be disadvantaged by the
continuity of operations. Issues and disputes will be processed through the
issue Resolution Process.
18. Union Membership
and Elected Delegates
18.1 Spotless
Services shall support the union parties to this Agreement by way of providing
union membership information and providing for payroll deductions of union dues
as authorised by employees.
18.2 Accredited
Union Delegate
An employee appointed Union Delegate/s (Shop Steward)
shall, upon official notification to Spotless Services, be recognised as the
accredited representative of the Union to which they belong. An accredited
Union Delegate shall be allowed necessary time during working hours to
interview a representative of Spotless Services on matters affecting employees
they represent:
19. Trade Union
Training
Union Delegate (Shop Steward) nominated by their Union to
attend a union sponsored training course will be granted up to five days leave
(per annum) of absence without loss of earnings provided that:
Spotless Services receives at least two weeks notice of the
nomination from the Union setting out times, dates, content and venue for the
course.
The employee concerned can be released from duty by Spotless
Services for the period of the course, without affecting normal operations.
Further Leave may be granted subject to agreement between
the Parties and provided further that this annual entitlement will not be
extended by the introduction of additional or replacement stewards. The accredited
delegate -will be entitled to paid leave to attend Industrial Relations
Commission hearings.
20. Clothing and
Personal Protective Equipment
20.1 It is a
requirement that employees wear authorised Spotless Services issued clothing/uniform,
and appropriate personal protective equipment including steel capped boots.
Where particular requirements apply to particular areas the company will supply
free of charge the appropriate PPE to comply with those requirements.
20.2 On engagement
full time employees shall be issued with one pair of safety boots, four shirts,
four trousers and one jacket
20.3 After the issue
on engagement, clothing will be replaced on a fair wear and tear basis as
determined by the relevant Team Leader.
20.4 One winter
jacket will be provided on engagement to employees. Where possible the jacket
will be manufactured in Australia and will be replaced every two (2) years or
on a fair wear and tear basis whichever is the earlier.
20.5 It is a
condition of employment that clothing/uniforms provided by the Company to
employees be worn at all times during working hours.
20.6 Records of type
of clothing issued to employees will be recorded by the Company.
21. Superannuation
21.1 Spotless
Services shall contribute the statutory employer superannuation contribution to
STA or an approved superannuation fund that complies with the Superannuation
Guarantee Charge Act and Regulations on behalf of each eligible employee as
defined in the regulations on a monthly basis.
21.2 The level of
contributions will be in accordance with the levels prescribed by the act and
varied from time to time.
21.3 Employees may
voluntarily elect to contribute a proportion of their wages to their nominated
superannuation fund. To do so an employee is required to notify Spotless
Services in writing and Spotless Services will deduct the authorised amount
from the employee's pay and remit it to their superannuation fund.
22. Notice Boards
Spotless Services shall provide notice boards of reasonable
dimensions to be located in prominent positions at the site upon which
accredited Union Representatives shall be permitted to post formal union
notices signed or countersigned by the representative posting them.
Any notice posted on a board not so signed or countersigned
may be removed by an accredited representative or Spotless Services.
23. Right of Entry
Any duly accredited representative of the union shall have
the right to enter in accordance with the NSW Industrial Relations Act
1996.
24. Employee
Entitlements
The parties will work together in a cooperative manner to
establish a jointly managed mechanism to ensure the protection of employee
entitlements.
25. Abandonment of
Employment
An employee absent from work for a continuous period of
three working days without Company approval, and without notification to the
Company, that employee shall be deemed to have abandoned their employment.
If after a period of two weeks from the last day of absence,
the employee has not established a satisfactory reason for their absence and
non-notification, the employee shall have their employment terminated.
26. Service Fee
The parties will monitor the development of case law in
relation to a service fee for non-union employees. The unions reserve the right
to introduce this provision pending clarification from the High Court.
27. Blood Donors
The Company will promote blood donations to its employees.
The Company shall also pursue ways employees may actually donate blood with
minimal disruption to the Business.
28. Anti
Discrimination and Harassment
The parties to this Award will not tolerate discrimination
and harassment in the workplace, seeking to achieve the objective in section 3
(f) of the Industrial Relations Act 1996 and other relevant Anti
Discrimination Legislation.
This includes eliminating discrimination on the ground of:
Race
Sex
Marital status
Disability
Homosexuality
Transgender identity
Age
29. Duress
This Award has not been entered under duress by any of the Parties
to the Award.
30. Transmission of
Business
Where transmission of business occurs and affects employees
covered by this Award, the Parties shall by an exchange of letter/s enter into
correspondence that clearly outlines the benefits and entitlements due to
employees, and how such entitlements shall be managed. Matters to be covered
may include such items as annual leave, personal leave, superannuation, sick
leave and redundancy. The parties agree that any internal restructuring within
the Spotless Group which results in employees bring employed by a different
legal entity than Spotless Services Australia Limited will not be regarded as a
transmission of business and will not entitle employees to any redundancy or
termination benefit.
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.