Dry
Cleaning (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport
Workers' Union of New South Wales, Industrial Organisation of Employees.
(No. IRC 1264 of 2006)
Before The Honourable Justice
Wright, President
|
14 March 2006
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The Honourable Justice
Walton, Vice-President
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|
The Honourable Mr
Deputy President Harrison
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The Honourable Justice
Haylen
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Commissioner Tabbaa
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VARIATION
1. Insert in numerical
order in clause 2, Arrangement, of the award published 30 November 2001
(329.I.G.1111), the following new clause and subject matter:
8A. Secure
Employment
2. Insert after
clause 8, Types of Employment, the following new clause:
8A. Secure Employment
8A.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.
8A.2. Casual Conversion
8A.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.
8A.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.
8A.2.3. Any
casual employee who has a right to elect under paragraph 8A.2.1, upon receiving
notice under paragraph 8A.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.
8A.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.
8A.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.
8A.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 8A.2.3, the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 8A.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.
8A.2.7. Following
an agreement being reached pursuant to paragraph 8A.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.
8A.2.8. An
employee must not be engaged and re-engaged, dismissed or replaced in order to
avoid any obligation under this subclause.
8A.3. Occupational
Health and Safety
8A.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.
8A.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.
8A.3.3. Nothing
in this subclause 8A.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.
8A.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.
8A.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.
F. L. WRIGHT J,
President.
M. J. WALTON J, Vice-President.
R. W. HARRISON D.P.
W. R. HAYLEN J.
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.