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New South Wales Industrial Relations Commission
(Industrial Gazette)

Revised on 04/12/2007


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AUSTRALIAN JOCKEY CLUB - ELECTRICAL AND PLUMBING ENTERPRISE AWARD 2002
  
Date11/30/2007
Volume364
Part3
Page No.591
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6139
CategoryAward
Award Code 1043  
Date Posted11/30/2007

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(1043)

(1043)

SERIAL C6139

 

Australian Jockey Club - Electrical and Plumbing Enterprise Award 2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 642 of 2007)

 

Before Commissioner McLeay

21 September 2007

 

REVIEWED AWARD

 

1.  Title

 

This Award shall be referred to as the Australian Jockey Club - Electrical and Plumbing Enterprise Award 2002.

 

2.  Arrangement

 

Clause No.         Subject Matter

 

1.         Title

2.         Arrangement

3.         Statement of Intent

4.         Application and Scope of Award

5.         Parties Bound

6.         Single Bargaining Unit

7.         No Reductions in Standards

8.         Rates of Pay

9.         Rostered Day Off - Banking

10.       Public Holiday Work

11.       Skills, Utilisation, Training and Development

12.       Hours of Work

13.       Occupational, Health and Safety

14.       Industrial Grievance Procedure

15.       No Extra Claims

16.       Negotiating the next Award

17.       Job Descriptions

18.       Redundancy

19.       Part-time employment

20.       Anti-Discrimination

21.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Aggregate Wage for Plumbers

Table 2 - Additional Allowance for Plumbers

Table 3 - Weekly Aggregate Wage for Electricians

Table 4 - Additional Allowance for Electricians

 

3.  Statement of Intent

 

(i)         This Award has been designed to facilitate the smooth establishment and ongoing organisational development of the Australian Jockey Club ("AJC") at Royal Randwick and Warwick Farm Racecourses.

 

(ii)        The parties are committed to:

 

(a)        Efficiencies and productivity being constantly reviewed and improved and thereby allowing the AJC to compete against other racing, gaming and wagering organisations on a cost-effective basis.

 

(b)        The creation and maintenance of a harmonious employee relations environment which is typified by consultation and participation which supports the AJC's vision.

 

(c)        The provision of a framework within which the AJC can generate interesting and fulfilling work and develop systems which allow employees to reach their full potential while simultaneously maximising the efficiency and productivity of the AJC.

 

(d)        The creation of a co-operative working environment, where quality and pride of working for the AJC are fostered and that any issues of demarcation are eliminated.

 

4.  Application and Scope of the Award

 

(i)         This Award shall apply to the employees of the AJC at Royal Randwick and Warwick Farm Racecourses whose terms and conditions are covered by the following:

 

Electricians &c. (State) Award published 29 July 2001 (325 I.G. 808);

 

Building Employees Mixed Industries (State) Award published 16 November 2001 (329 I.G. 577) insofar as it applies to members of the NSW Plumbers and Gasfitters Employees Union.

 

(ii)        This Award shall be read and interpreted wholly in conjunction with the relevant Award (s), relating to a group or individual, nominated in Clause 4 (i), above, in so far as those provisions relate to the parties referred to in Clause 5 - Parties Bound - of this Award. Where any inconsistencies between this Award and the relevant awards occur, this Award shall prevail.

 

5.  Parties Bound

 

The parties to this Award are:

 

(i)         The Australian Jockey Club;

 

(ii)        The Electrical Trade Union of Australia ‑ New South Wales Branch; and

 

(iii)       The New South Wales Plumbers and Gasfitters Employees' Union.

 

6.  Single Bargaining Unit

 

For the purpose of negotiating the agreement a single bargaining unit was established. The Award was arrived at by the unions, nominated as party to the Award, working co-operatively within the single bargaining unit.

 

7.  No Reductions in Standards

 

This Award shall not operate so as to cause a current employee as at the date of operation of this Award to suffer a reduction in ordinary time earnings or standards relating to conditions of employment provided by any award, award or over award arrangements in operation at the time of the entering into of the Award.

 

8.  Rates of Pay

 

(i)         The rates of pay for employees covered under this Award are set out in Table 1, Table 2, Table 3 and Table 4 of Part B of this Award.

 

(ii)        Employees whose terms and conditions of employment are covered by the Building Employees Mixed Enterprise (State) Award insofar as it applies to members of the NSW Plumbers and Gasfitters Employees Union shall be paid the weekly wage as set out in Table 1 of Part B of this Award.

 

(iii)       The weekly wage set out in Table 1 of Part B of this Award includes compensation for:

 

ordinary hours

 

over-award payments

 

industry allowance

 

license allowance electronic funds transfer

 

tool allowance

 

computing quantities.

 

(iv)       Employees whose terms and conditions of employment are covered by the Building Employees Mixed Enterprise (State) Award insofar as it applies to members of the NSW Plumbers and Gasfitters Employees Union shall and where appropriate, in addition to the weekly wage set out in Table 1 of Part B, be paid a first aid allowance and clothing allowance as set out in Table 2 of Part B of this Award.

 

(v)        Employees whose terms and conditions of employment are covered by the Electricians &c. (State) Award shall be paid the weekly wage as set out in Table 3 of Part B of this Award.

 

(vi)       The weekly wage set out in Table 3 of Part B of this Award includes compensation for:

 

ordinary hours

 

over-award payments

 

industry allowance

 

license allowance

 

tool allowance

 

electronic funds transfer

 

plant operators allowance.

 

(vii)      Employees whose terms and conditions of employment are covered by the Electricians &c. (State) Award shall, and where appropriate, in addition to the weekly wage set out in Table 3 of Part B, be paid a first aid allowance and clothing allowance as set out in Table 4 of Part B of this Award.

 

(viii)     An employee may elect to sacrifice part of the employees salary to be an additional superannuation contribution above the rate prescribed by the Superannuation Guarantee Charge Act 1992.

 

(ix)       Where salary sacrifice contributions are to be made on behalf of an employee to the AJC Superannuation Plan, the wage rates prescribed by Table 1 of Part B shall (in respect of such an employee) include a component being the salary sacrifice contribution.  That is, that part of the wage rate representing the salary sacrifice contribution chosen by the employee, shall be paid as a contribution by the employer direct to the AJC Superannuation Plan.  As a consequence, the employees taxable salary shall equal the relevant wage rate less the salary sacrifice contribution (if any).  For all other purposes the relevant wage rate applicable to this award shall apply.

 

(x)        Wages may be paid by electronic funds transfer unless otherwise agreed by the AJC.  Provided that by agreement between an employer and the majority of employees covered by this award, wages may be paid fortnightly.  Provided further that the AJC may elect to pay fortnightly by giving one months notice.

 

9.  Rostered Day Off - Banking

 

No more than five days are to be banked as determined by the relevant Manager. These days will be taken at times of mutual agreement. If a dispute arises on the taking of the leave then the dispute procedure is to be followed.

 

10.  Public Holiday Work

 

Existing employees currently receiving a day in lieu for any work performed on a public holiday as prescribed by the Award may if agreed, as an alternative, be paid at the rate of double time and a half in addition to the ordinary rate, instead of receiving such day in lieu. This provision shall operate so as to not disadvantage existing employees covered by this agreement.

 

11.  Skills, Utilisation, Training and Development

 

A.        Skills

 

(i)         Training and development shall be subject to the AJC's skill requirements. It is the aim of the parties to this Award that all employees shall be provided with opportunities for training and development, encouraging the formation of a flexible, highly skilled and committed workforce, enjoying maximum job satisfaction.

 

(ii)        Employees will move between tasks and functions within their appointed classifications and skills and competency levels in order to apply and develop their skills to meet AJC objectives. In moving employees between tasks and functions and in regrouping tasks and functions the AJC will consult with the employees and consider:

 

(a)        the career path and development needs of individuals;

 

(b)       the efficient organisation of work;

 

(c)        any personal and geographic considerations.

 

(iii)       The process described in sub-clause (ii) above shall not include those functions or tasks where the safety of an employee learning "on the job" cannot be guaranteed by the AJC or where an essential requirement of a formal qualification limits the process.

 

(iv)       Processes will be adopted to facilitate the skills enhancement and career development opportunities of employees whilst promoting aims and objectives of the AJC.

 

(v)        The provision of training shall be undertaken in line with the AJC's EEO policy and procedures.

 

B.         Training

 

(i)         The parties confirm a commitment to training and skill development for employees in accordance with the needs of the AJC. Training may be conducted on the recommendation of a supervisor to the Chief Executive or his delegate.

 

(ii)        The types of training needs which shall be met include:

 

(a)        training required to increase the level of competency of the employees;

 

(b)       training required through the creation of new tasks, restructuring of existing tasks and/or multi-skilling;

 

(c)        training required to assist employees to pursue, where possible, their preferred career paths and to improve their opportunities for career advancement;

 

12.  Hours of Work

 

The parties are fully committed to explore the hours of work provision for all employees covered by this Award.

 

The parties recognise that the AJC operates in the context of its normal operations, over Monday - Friday but also quite regularly on Saturday as a result of race meetings.

 

The parties recognise that in order to provide for an internationally competitive racing industry, the parties will need to explore a full range of options in relation to working hours. To this extent the SBU agrees to negotiate and to introduce suitable flexible working arrangements provided such arrangements are agreed between the AJC, the workers affected and their Union or Unions.

 

These discussions may include, but are not necessarily limited to issues such as annualised salaries, ten hour shifts, payments provisions for regular Saturday and Sunday work with the inclusion of weekend work within the context of normal working hours.

 

(i)         Spread of Hours/Staggered Work Hours

 

The spread of ordinary hours shall be 7.00am to 6.00pm with a limit of 8 hours at ordinary time to be worked on any one day. A week's notice shall be given to change an employee's rostered hours, or a lesser period where such change is by mutual agreement with an individual employee. Such change shall be a minimum of 14 days in duration. The AJC undertakes to consider personal or geographic circumstances of individual employees in introducing any change of roster.

 

13.  Occupational Health and Safety

 

(i)         The AJC prides itself on quality occupational health and safety standards. It is recognised that the benefits to be gained from effective health and safety programs are significant both in human and economic terms.

 

(ii)        The AJC is responsible for taking all reasonable and practical action to achieve and maintain a performance level which safeguards the health and safety of all employees in accordance with the Occupational Health and Safety Act 2000.

 

(iii)       All employees are to be involved in safety matters and hence, to contribute to the reduction of hazards. Employees are to:

 

(a)        identify and reduce the risk associated with all types of work-related events that may, produce injury or illness; or

 

(b)        identify, measure and control to safe levels any physical agents in the workplace capable of causing ill health; and

 

(c)        promote the good health and welfare of employees;

 

(d)        report any perceived hazard to the immediate supervisor;

 

(e)        report any work related injury, no matter how minor to their supervisor

 

(f)         wear any safety clothing, footwear, equipment issued and specified for the job.

 

(iv)       The AJCs management is committed to the continuous monitoring and upgrading of its occupational health and safety policy to ensure the highest standards are met. The AJC shall where appropriate:

 

(a)        provide information, instructions and training of employees to increase personal understanding of safe work practices, workplace hazards and principles of hazard control; and

 

(b)        maintain a close relationship with employees and regulatory authorities in the development of standards and future strategies.

 

(v)        The occupational health and safety committee shall be convened subject to the provisions of the regulations of the Occupational Health and Safety Act 2000 and shall meet at intervals not less frequent than specified in the regulations.

 

14.  Industrial Grievance Procedure

 

(a)        The aim of this procedure is to ensure that, during the term of this Award, industrial grievances or disputes are prevented or resolved as quickly as possible at the level they occur in the workplace. At any time during the procedure an employee may elect to be represented by an official of their union. During the life of the agreement there shall be no disruption to or cessation of normal work other than in relation to bona fide safety issues.

 

(b)        Where a dispute or grievance arises, or is considered likely to occur the steps below are to be followed. In order to permit the peaceful resolution of grievances, the status quo shall remain and work shall continue as normal while the industrial grievance procedure is being followed, (status quo shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute).

 

(c)        Work arrangements and conditions before a dispute arising shall remain whilst the dispute procedure is being followed by the employer, employees and their union representatives.

 

(d)        Providing the conditions of (c) apply no strikes, bans or work limitations shall occur.

 

(e)        Where a dispute or a grievance arises or is considered likely to occur, the following steps are to be followed:

 

Step 1.

 

The matter is discussed between the employee(s) and the immediate supervisor involved. If the matter remains unresolved only then, follow Step 2.

 

Step 2.

 

The matter is discussed between the employee, the employees' representative if the employee so wishes and the supervisor involved. If the matter remains unresolved, only then, follow Step 3.

 

Step 3.

 

The matter is discussed between the employee, the employee's representative if the employee so wishes, the supervisor and the departmental manager.  If the matter remains unresolved only then, follow Step 4.

 

Step 4.

 

The matter is discussed between the departmental manager, the human resources manager and the employee's representative and/or union official if the employee so wishes. If the matter remains unresolved only then, follow Step 5.

 

Step 5.

 

The matter is discussed between senior representatives of the AJC and the relevant union if the employee is represented by a union. The parties agree to exhaust the processes of conciliation before considering Step 6. It is also agreed that the parties will not deliberately frustrate or delay these procedures.

 

Step 6.

 

The matter may be referred by either party to the Industrial Relations Commission of New South Wales in order for the Commission to exercise its functions under the Industrial Relations Act 1996. It is the intention of the parties that this provision meets the criteria pursuant to the Industrial Relations Act, 1996.

 

15.  No Extra Claims

 

The parties undertake that, for the term of this Award, they will not pursue any extra claims.

 

16.  Negotiating the Next Award

 

(i)         The parties agree to commence negotiations on a new Award no later than 3 months prior to the termination date of this Award and use their best endeavours to complete the negotiations of the new Award before the expiry of this Award.

 

(ii)        During the 3 months negotiation period, the parties will meet in order to seek agreement/resolution of any issues.

 

17.  Job Descriptions

 

The union will participate in a positive fashion to develop job descriptions for all positions covered by the SBU agreement.

 

18.  Redundancy Arrangements

 

Application

 

(i)         The provisions of this clause shall apply in respect of full time and part time persons employed in the classifications specified by the Awards listed in Clause 4.

 

(ii)        Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on the AJC 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.

 

(iii)       Notwithstanding anything contained elsewhere in this clause, this clause shall not apply 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.

 

Introduction of Change

 

(iv)       Employers duty to notify

 

(a)        Where the AJC 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.

 

(b)        'Significant effects' include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities of 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 the Awards specified in Clause 4 - Application and Scope makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(v)        Employers' Duty to discuss Change

 

(a)        The AJC shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (iv)(a), 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.

 

(b)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subclause (iv)(a).

 

(c)        For the purpose of such discussion, the AJC 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 effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

Redundancy

 

(vi)       Discussions before terminations

 

(a)        Where the AJC has made a definite decision that the AJC no longer wishes the job the, employee has been doing done by anyone pursuant to paragraph (a) of subclause (iv), Introduction of Change, and that decision may lead to the termination of employment, the AJC shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)        The discussions shall take place as soon as practicable after the AJC has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

(c)        For the purposes of the discussion the AJC 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 the AJC shall not be required to disclose confidential information the disclosure of which would adversely affect the AJC.

 

Termination Of Employment

 

(vii)      Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'production', 'programme', 'organisation' or 'structure' in accordance with paragraph (a) of subclause (iv), Introduction of Change.

 

(a)        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

(b)        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 weeks notice.

 

(c)        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.

 

(viii)     Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'technology' in accordance with subclause (iv)(a).

 

(a)        In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

(b)        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

 

(c)        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 1995, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(ix)       Time Off During the Notice Period

 

(a)        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 purposes of seeking other employment.

 

(b)        If the employee has been allowed paid 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.

 

(x)        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 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.

 

(xi)       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.

 

(xii)      Notice of Commonwealth Employment Service

 

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service 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.

 

(xiii)     Department of Social Security Employment 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 Certification' in the form required by the Department of Social Security.

 

(xiv)     Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in subclause (iv)(a), Introduction of Change, 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.

 

Severance Pay

 

(xv)      Where an employee is to be terminated pursuant to subclause (vi), Termination of Employment, 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 period of service:

 

(a)        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

 

(b)        Where an employee is 45 years old 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

 

(c)        'Weeks pay' means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with the relevant awards.

 

(xvi)     Incapacity to Pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (1) of this clause.

 

(xvii)    Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (1) if the employer obtains acceptable alternative employment for an employee

 

19.  Part-Time Employment

 

(a)        An employee may be engaged by the week on a part-time basis for a constant number of hours which having regard to the various methods of arranging ordinary hours shall average less than 38 hours per week.

 

(b)        Part-time employees shall not continue for a continuous period between four weeks from the date of engagement.

 

(c)        An employee so engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed by Rates of Pay, for the classification in which the employee is engaged.

 

(d)        An employee engaged on a part-time basis shall be entitled to all other benefits available to full‑time employees arising under this award/agreement on a proportional basis depending on the number of ordinary regular hours worked per week.

 

(e)        This clause shall not be used to reduce existing levels of permanent employees and as far as practicable shall not affect the skill development or earning opportunities or permanent employees.

 

(f)         As far as possible all overtime shall in the first instance be offered to permanent employees.

 

(g)        A part-time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with Overtime of this Award.

 

(h)        A current part-time employee may apply for a full-time position should a vacancy occur and, subject to being able to perform the duties required to fill the vacancy and all other things being equal, shall have preference of employment for the vacant position.

 

20.  Anti-Discrimination

 

(1)        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 grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibility as a carer.

 

(2)        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 this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the 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.

 

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

 

(4)        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 providing 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.

 

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

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

21.  Area, Incidence and Duration

 

This Award rescinds and replaces the Australian Jockey Club - Electrical and Plumbing Enterprise Award 2002 published 19 September 2003 (341 I.G. 458).

 

This award has been reviewed pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 21 September 2007.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

Part B

 

Table One - Weekly Aggregate Wage for Plumbers

 

Classification

Aggregate Weekly Wage from first full

Aggregate Weekly Wage from first full

 

pay period on or after 19/09/2002

pay period on or after 19/09/2003

 

$

$

Plumber

765.20

792.00

Apprentice Plumbers

 

 

Year 1 (35%)

267.80

277.20

Year 2 (51%)

390.25

403.90

Year 3 (67%)

512.70

530.65

Year 4 (77%)

589.20

609.85

 

Table Two - Additional Allowances for Plumbers

 

Allowance

Effective from first full pay period to commence on or after 19/09/02

 

 

Leading Hand

In charge of up to 2 journeymen:

As per Building Employees Mixed

 

 

Industries (State) Award

 

In charge of 3 to 5 journeymen:

As per above award

 

In charge of 5 to 10 journeymen:

As per above award

 

In charge of over 10 journeymen:

As per above award

Clothing

$6.30 per week

First Aid

As per Building Employees Mixed Industries (State) Award

 

Table Three - Weekly Aggregate Wage for Electricians

 

Classification

Aggregate Weekly Wage

Aggregate Weekly Wage

 

From first full pay period on or after

From first full pay period on or after

 

19/09/02

19/09/03

Electrician

$756.00

$782.50

 

Table Four - Additional Allowances For Electricians

 

Allowance

Effective from first full pay period to commence on or after 19/09/02

Leading Hand

As per Electricians (State) Award

Clothing

$6.30 per week

First Aid

As per Electricians (State) Award

 

 

 

J. McLEAY, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.

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