Rubber Workers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1644 of 2007)

 

 

REVIEWED AWARD

 

1.          Insert a colon ":" after the words "employees training" appearing in the second paragraph of paragraph (i) of subclause (a) of clause 2, Definitions, of the award published 13 July 2001 (326 I.G. 99) to read as follows:

 

"employees training:"

 

2.          Insert an apostrophe "’" in the words "up to three months structured" appearing in paragraph (ii) of subclause (a) of the said clause 2, to read as follows:

 

"up to three months’ structured"

 

3.          Delete the word "straining" appearing in paragraph (vi) of subclause (a) of the said clause 2, and insert in lieu thereof the word "training".

 

4.          Delete the word "dor" appearing in subparagraph (1) of paragraph (vii) of subclause (a) of the said clause 2, and insert in lieu thereof the word "for".

 

5.          Delete the word "8.00am" appearing in paragraph (iv) of subclause (b) of the said clause 2, and insert in lieu thereof the following:

 

"8.00 a.m."

 

6.          Insert an apostrophe "’" in the words "48 hours notice" appearing in paragraph (v) of subclause (b) of the said clause 2, to read as follows:

 

"48 hours’ notice"

 

7.          Delete the word "moneys" appearing in the second paragraph of paragraph (ii) of subclause (d) of clause 4, Contract of Employment and insert in lieu thereof the following:

 

"monies"

 

8.          Delete the words "Appendix per" appearing in paragraph (i) of subclause (b) of clause 8, Wages and insert in lieu thereof the following:

 

"Appendix B per"

 

9.          Delete the apostrophe "’" in the word "(C’th)" appearing in subparagraph (1) of paragraph (f) of subclause (i) of clause 11, Superannuation to read as follows.

 

"(Cth)"

 

10.        Delete the words "Industrial Commission of New South Wales" appearing in paragraph (b) of subclause (v) and also in subparagraph (3) of paragraph (c) of subclause (v) of the said clause 11, and insert in lieu thereof the following:

 

"Industrial Relations Commission of New South Wales"

 

11.        Delete the word "junior" appearing in subclause (a) of clause 13, Junior Rates and insert in lieu thereof the word "juniors".

 

12.        Delete the words "sections concerned:  Provided further" appearing in subclause (c) of clause 18, Hours Of Duty, and insert in lieu thereof the following:

 

"sections concerned; provided further"

 

13.        Delete the word "shift" appearing in the second paragraph of subclause (j) of the said clause 18, and insert in lieu thereof the word "shifts".

 

14.        Delete the words "appropriate rate:  Provided that" appearing in subclause (d) of clause 24, Overtime and insert in lieu thereof the following:

 

"appropriate rate; provided that"

 

15.        Delete the words "meal money:  Provided that" appearing in subclause (a) of clause 25, Meals and insert in lieu thereof the following:

 

"meal money; provided that"

 

16.        Delete the words "meals so provided:  Provided that" appearing in subclause (a) of the said clause 25, and insert in lieu thereof the following:

 

"meals so provided; provided that"

 

17.        Delete the words "period of annual leave:  Provided further" appearing in the second paragraph of paragraph (v) of subclause (b) of clause 27, Sick Leave and insert in lieu thereof the following:

 

"period of annual leave; provided further"

 

18.        Insert an apostrophe "’" in the word "employers" appearing in paragraph (d) of subclause (3) of clause 28, Personal/Carer's Leave to read as follows:

 

"employer’s"

 

19.        Insert an apostrophe "’" after the words "3 days" appearing in subclause (i) of clause 29, Bereavement Leave, to read as the follows:

 

"3 days’"

 

20.        Delete the words "Personal/Carers’ Leave" appearing in subclause (v) of the said clause 29, and insert in lieu thereof the following:

 

"Personal/Carer’s Leave"

 

21.        Delete the words "12 months:  Provided an employee" appearing in clause 30, Blood Donors and insert in lieu thereof the following:

 

"12 months; provided an employee"

 

22.        Delete the words "under the Act:  Provided that" appearing in paragraph (a) of subclause (3) of clause 32, Accident Pay and insert in lieu thereof the following:

 

"under the Act; provided that"

 

23.        Delete the words "still be payable:  Provided further" appearing in paragraph (a) of subclause (3) of the said clause 32, and insert in lieu thereof the following:

 

"still be payable; provided further"

 

24.        Delete the words "three months:  Provided further" appearing in the second paragraph of paragraph (ii) of subclause (j) of clause 33, Annual Leave and insert in lieu thereof the following:

 

"three months; provided further"

 

25.        Delete the words "first pay period of commence on" appearing in the first paragraph of subclause (l) of the said clause 33, and insert in lieu thereof the following:

 

"first pay period to commence on"

 

26.        Delete the words "September next following: Provided that" appearing in subparagraph (iii) of paragraph (A) of subclause (m) of the said clause 33, and insert in lieu thereof the following:

 

"September next following; provided that"

 

27.        Delete the words "December close-down:  Provided that" appearing in subparagraph (v) of paragraph (A) of subclause (m) of the said clause 33, and insert in lieu thereof the following:

 

"December close-down; provided that"

 

28.        Delete the words "office ours" appearing in subclause (c) of clause 36, Payment of Wages, and insert in lieu thereof the following:

 

"office hours"

 

29.        Delete the words "foregoing provisions:  Provided that" appearing in subclause (c) of the said clause 36, and insert in lieu thereof the following:

 

"foregoing provisions; provided that"

 

30.        Delete the words "of this clause;  Provided further" appearing in subclause (c) of the said clause 36, and insert in lieu thereof the following:

 

"of this clause; provided further"

 

31.        Delete the words "part of the wage:  Provided however" appearing in subclause (c) of clause 38, Junior Workers, and insert in lieu thereof the following:

 

"part of the wage; provided however"

 

32.        Insert after paragraph (a) of subclause (iv) of clause 46, Redundancy, the following:

 

(aa)      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 (ii) (a) (1) above:

 

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

 

(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.

 

(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.

 

33.        Delete subclause (d) of clause 50, Area, Incidence and Duration, and insert in lieu thereof the following:

 

(d)        The changes made to the award pursuant to the Award Review 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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 19 November 2007.

 

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

 

 

 

J. McLEAY, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.