Draughting Employees, Planners, Technical Employees, &c. (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1741 of 2007)

 

 

REVIEWED AWARD

 

PART 1 ‑ APPLICATION AND OPERATION OF AWARD

 

1.1.  Award Title

 

This award is entitled the Draughting Employees, Planners, Technical Employees, & c. (State) Award.

 

1.2.  Arrangement

 

This award is arranged as follows:

 

PART 1 – APPLICATION AND OPERATION OF AWARD

 

Clause No.         Subject Matter

 

1.1       Award Title

1.2       Arrangement

1.3       Anti-Discrimination

1.4       Definitions

1.5       Application Of The Award

1.6       Area, Incidence And Duration

 

PART 2 ‑ ENTERPRISE FLEXIBILITY

 

2.1       Enterprise Flexibility

2.2       Facilitative Provisions

 

PART 3 ‑ CONSULTATION AND DISPUTE RESOLUTION

 

3.1       Consultative Mechanism and Procedures

3.2       Dispute Resolution Procedure

 

PART 4 ‑ EMPLOYMENT RELATIONSHIP

 

4.1       Employer And Employee Duties

4.2       Employment Categories

4.2.1     Probationary Employment

4.2.2     Full Time Employment

4.2.3     Casual Employment

4.2.4     Part‑Time Employment

4.2.5     Employment For Specific Period Of Time Or For A Specific Task Or Tasks

4.2.6     Apprentices

4.2.7     Trainees

4.2.8     Junior Tracers

4.2A    Secure Employment

4.3       Termination Of Employment

4.3.1     Notice Of Termination By Employer

4.3.2     Notice Of Termination By Employee

4.3.3     Summary Dismissal

4.3.4     Time Off During Notice Period

4.3.5     Certificate Of Service

4.4       Redundancy

4.4.1     Application

4.4.2     Introduction Of Change

4.4.2.1     Employer’s Duty To Notify

4.4.2.2     Employer’s Duty To Discuss Change

4.4.3     Redundancy

4.4.3.1     Discussions Before Terminations

4.4.4     Termination Of Employment

4.4.4.1     Notice For Changes In Production, Programme, Organisation Or Structure

4.4.4.2     Notice For Technological Change

4.4.4.3     Time Off During The Notice Period

4.4.4.4     Employee Leaving During The Notice Period

4.4.4.5     Statement Of Employment

4.4.4.6     Employment Separation Certificate

4.4.4.7     Transfer To Lower Paid Duties

4.4.5     Severance Pay

4.4.5.1     Amounts

4.4.5.2     Incapacity To Pay

4.4.5.3     Alternative Employment

4.5       Absence From Duty

4.6       Standing Down Employees

4.7       Abandonment Of Employment

4.8       Pay Slips And Employer Records

4.9       Right Of Entry

4.10     Award To Be Posted

4.11     Notice Boards

4.12     Notification Of Classification

 

PART 5 ‑ RATES OF PAY AND RELATED MATTERS

 

5.1       Classifications And Rates Of Pay

5.1.1     Rates Of Pay For Adult Employees

5.1.2     Classification Definitions

5.1.3     Procedure For Classifying Employees

5.1.4     Lower And Higher Grade Duty

5.2       Training

5.3       Apprentice Rates Of Pay

5.4       Tracers Junior Rates Of Pay

5.5       Trainee Rates Of Pay

5.6       Supported Wage System For People With Disabilities

5.7       Allowances And Special Rates

5.7.1     Allowances

5.7.2     Application Of Technical Computing Allowance

5.7.3     Checking Work Allowance

5.7.4     Trainer/Supervisor/Coordinator - Technical

5.8       Extra Rates Not Cumulative

5.9       Payment Of Wages

5.9.1     Period Of Payment

5.9.2     Method Of Payment

5.9.3     Payment Of Wages On Termination Of Employment

5.9.4     Day Off Coinciding With Pay Day

5.9.5     Wages To Be Paid During Working Hours

5.9.6     Absences From Duty Under An Averaging System

5.10     Ship Trials

 

PART 6 ‑ HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME

 

6.1       Ordinary Hours Of Work

6.1.1     Ordinary Hours Of Work ‑ Day Workers

6.1.2     Ordinary Hours Of Work ‑ Continuous Shiftworkers

6.1.3     Ordinary Hours Of Work ‑ Non‑Continuous Shiftworkers

6.1.4     Methods Of Arranging Ordinary Working Hours

6.1.5     Daylight Saving

6.2       Special Provisions For Shiftworkers

6.2.1     Definitions

6.2.2     Afternoon And Night Shift Allowances

6.2.3     Rate For Working On Saturday Shifts

6.2.4     Rate For Working On Sunday And Public Holiday Shifts

6.3       Meal Breaks

6.4       Morning And Afternoon Tea

6.5       Overtime

6.5.1     Payment For Working Overtime

6.5.2     Requirement To Work Reasonable Overtime

6.5.3     One In, All In Does Not Apply

6.5.4     Rest Period After Overtime

6.5.5     Call Back

6.5.6     Standing By

6.5.7     Saturday Work

6.5.8     Sunday Work

6.5.9     Public Holiday Work

6.5.10   Rest Break

6.5.11   Meal Allowance

6.5.12   Transport Of Employees

 

PART 7 ‑ TYPES OF LEAVE AND PUBLIC HOLIDAYS

 

7.1       Annual Leave

7.1.1     Period Of Leave

7.1.2     Public Holidays Falling In A Period Of Leave

7.1.3     Leave To Be Taken

7.1.4     Proportionate Leave On Termination

7.1.5     Annual Close Down

7.1.6     Annual Leave Loading

7.2       Long Service Leave

7.3       Sick Leave

7.3.1     Amount Of Paid Sick Leave

7.3.2     Single Day Absences

7.3.3     Accumulation Of Sick Leave

7.3.4     Attendance At Hospital, Etc.

7.3.5     Year Of Service

7.3.6     Broken Service

7.4       Personal/Carers Leave

7.4.1     Use Of Sick Leave

7.4.2     Unpaid Leave For Family Purpose

7.4.3     Use Of Annual Leave

7.4.4     Use Of Time Off In Lieu Of Payment For Overtime

7.4.5     Use Of Make-Up Time

7.4.6     Use Of Rostered Days Off

7.4.7     Bereavement Leave

7.4.8     Personal Carers Entitlement For Casual Employees

7.5       Jury Service

7.6       Parental Leave

7.7       Public Holidays

7.7.1     Prescribed Holidays

7.7.2     Payment For Time Worked On A Public Holidays

7.7.3     Effect On Payment For Holidays If Absent On Working Day Before Or After

7.7.4     Rostered Day Off Falling On Public Holiday

7.7.5     Public Holidays Falling Within A Period Of Annual Leave

 

PART 8 - MISCELLANEOUS

 

8.1       Clothing And Equipment

8.2       Lockers

 

SCHEDULES

 

SCHEDULE A - Classification Definitions

SCHEDULE B - Comparative Schedule

SCHEDULE C - Industries And Callings

 

1.3.  Anti-Discrimination

 

1.3.1     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 responsibilities as a carer.

 

1.3.2     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 of 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.

 

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

 

1.3.4     Nothing in this clause is to be taken to affect:

 

1.3.4.1        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

1.3.4.2        offering or providing junior rates of pay to persons under 21 years of age;

 

1.3.4.3        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

1.3.4.4        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

1.3.5     This clause does not create legal rights or obligations in addition to those imposed upon the parties by the 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 the 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."

 

1.4.  Definitions

 

1.4.1     "Engineering Streams" are the three broad engineering streams recognised within the classification definitions set out in Schedule A, namely: Electrical/electronic; fabrication; and mechanical. Additionally, there are five vocational fields (as defined).  Entry to training in any engineering stream is not conditional on union membership.  The streams are defined as:

 

(a)        "Electrical/electronic stream" includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices systems, equipment and controls, eg, electrical wiring, motors, generators, PLC's and other electronic controls, instruments, refrigeration, telecommunications, radio and television, communication and information processing.

 

(b)        "Mechanical stream" includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments, refrigeration, and the use of related computer controlled equipment, eg, Computer Numeric Controlled machine tools.

 

(c)        "Fabrication stream" includes fabrication, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing, sheet metal work and the use of related computer controlled equipment. This includes fabrication in all metals, plastics, carbon fibre, composite materials, ceramics and other materials.

 

1.4.2     "Vocational Fields" are the five vocational fields recognised within the classification structure of this Award, namely: trade; technical; engineering/production; supervisor/trainer/coordinator; and professional.  The fields are defined as:

 

(a)        "Trade" includes an employee who possesses as a minimum qualification a trade certificate in any of the engineering streams on the higher engineering trade (as defined).

 

(b)        "Technical Field" includes:

 

(i)         Production planning, including scheduling, work study, and estimating materials, handling systems and like work.

 

(ii)        Technical including inspection, quality control, supplier evaluation, laboratory, non‑ destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work.

 

(iii)       Design and draughting and like work.

 

(c)        "Engineering/Production Field" includes employees primarily engaged in production work including production, distribution, stores and warehousing, but does not require a qualification in the trade, technical, professional or supervisory fields.

 

(d)        "Supervisor/Trainer/Coordinator Field" includes employees who are:

 

(i)         Responsible for the work of other employees and/or provision of on‑the‑job training including coordination and/or technical guidance; or

 

(ii)        Responsible for supervision and/or training of other supervisors or trainers; or

 

(iii)       Responsible primarily for the exercise of technical skills, as defined, up to the level of their skill and competence and who are additionally involved in the supervision/training of other employees.

 

(e)        "Professional Field" includes an employee who possesses an academic qualification which enables that employee to become a graduate member of the Institute of Engineers, Australia or an academic qualification in science set out in the Academic Schedule appearing in the Metal, Engineering and Associated Industries (State) Award.

 

1.5.  Application of Award

 

1.5.1     Draughting Employees and Tracers

 

(a)        This award applies to -

 

(i)         persons employed primarily as draughting employees and who are occupied for the substantial part of the time as draughting employees;

 

(ii)        Persons employed for the substantial part of their time as tracers;

 

(b)        This award does not apply to -

 

(i)         articled students in architecture or surveying and student engineers employed by professional consulting engineers;

 

(ii)        persons who, for a term not exceeding two years, are employed in a drawing office as part of a course of training in a profession other than draughting or for an executive or administrative appointment;

 

(iii)       persons employed within the County of Yancowinna.

 

1.5.2     This award applies to -

 

Persons employed as technical officers, technical assistants, and planners of engineering production, construction or maintenance work and trainees and cadets in any of the aforementioned occupations in the State excluding the County of Yancowinna.

 

1.6.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Draughting Employees, Planners, Technical Employees, &c. (State) Award published 21 September 2001 (327 I.G. 1058), as varied.

 

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 15 January 2008.

 

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

 

It shall apply to all persons of the classes herein mentioned in the State excluding the County of Yancowinna.

 

This award shall apply to the Industries and Callings under the jurisdiction of the Draughtsmen, Planners, Technical Officers (State) Industrial Committee

 

Excepting employees of:

 

Division A ‑ Draughtsmen and Tracers

 

Excepting ‑

 

Employees of the Crown as defined in section 5 of Industrial Arbitration Act 1940;

 

Persons employed by the Electrolytic Refining and Smelting Company of Australia Proprietary Limited, the Metal Manufactures Limited, the Australian Fertilizers Limited, and the Austral Standard Cables Proprietary Limited, in and about the works of the said companies at Port Kembla; and

 

Employees in and about metalliferous and limestone mines, in or in connection with mining for minerals, other than coal and shale, in or about diamond and gem‑bearing mines, mining dredges, ore sluicing processes, ore smelting, refining, treatment and reduction works;

 

And excepting also persons employed by ‑

 

The Australian Gas Light Company;

 

The North Shore Gas Company Limited;

 

Newcastle Gas Company Limited;

 

The Council of the City of Sydney;

 

The Sydney County Council;

 

St George County Council;

 

The Clarence River County Council;

 

The Council of the City of Newcastle;

 

Shire and Municipal Councils;

 

The Electricity Commission of New South Wales;

 

Electric Light and Power Supply Corporation Limited;

 

The Hunter District Water Board;

 

The Metropolitan Water, Sewerage and Drainage Board;

 

State Rail Authority of New South Wales;

 

The Commissioner for Motor Transport;

 

The Maritime Services Board of New South Wales;

 

The Commissioner for Main of Roads; Newcastle;

 

The Water Resources Commission;

 

And persons coming within the jurisdiction of the following Industrial Committees ‑

 

Sugar Workers (Colonial Sugar Refining Company Limited, Pyrmont);

 

Steel Works Employees (Broken Hill Proprietary Company Limited);

 

Iron and Steel Works Employees (Australia Iron & Steel Proprietary Limited);

 

John Lysaght (Australia) Pty Limited, Newcastle;

 

Tubemakers of Australia Limited, Newcastle;

 

Australian Wire Industries Pty Limited ‑ Sydney Wiremill;

 

John Lysaght (Australia) Pty Ltd ‑ Port Kembla;

 

Australian Wire Industries Pty Ltd ‑ Newcastle Ropery;

 

Cement Workers, &c. (State);

 

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);

 

Tubemakers of Australia Limited, Yennora;

 

Australian Wire Industries Pty Ltd ‑ Newcastle Wiremill;

 

And excepting ‑

 

Employees within the jurisdiction of the County Councils (Electricity Undertakings) Employees Industrial Committee, the Shortland County Council Industrial Committee, the Commonwealth Steel Company Limited, Unanderra, Industrial Committee, the University Employees, &c. (State) Industrial Committee, the Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited) Industrial Committees; Googong Dam Project Industrial Committee.

 

Division B ‑ Production Planners and Technical Officers Excepting ‑

 

Employees of the Crown;

 

And excepting also persons employed by ‑

 

Public Transport Commission of New South Wales;

 

The Electricity Commission of New South Wales;

 

The Commissioner for Motor Transport;

 

The Metropolitan Water Sewerage and Drainage Board;

 

The Hunter District Water Board;

 

The Commissioner for Main Roads;

 

The Maritime Services Board of New South Wales;

 

The Water Resources Commission;

 

South Maitland Railways Pty Limited;

 

The United Dental Hospital of Sydney;

 

And excepting also ‑

 

Persons employed in the coal mining industry;

 

Persons employed by municipal, shire and country councils;

 

An excepting also employees within the jurisdiction of the following Industrial Committees, namely ‑

 

Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited);

 

Australian Wire Industries Pty Ltd, Newcastle Ropery;

 

Steel Works Employees (Broken Hill Proprietary Company Limited);

 

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);

 

Commonwealth Steel Company Limited, Unanderra;

 

John Lysaght (Australia) Pty Ltd, Newcastle;

 

John Lysaght (Australia) Pty Ltd, Port Kembla;

 

Australian Wire Industries Pty Ltd ‑ Sydney Wiremill;

 

Australian Wire Industries Pty Ltd ‑ Newcastle Wiremill;

 

Cement Workers, &c. (State);

 

Tubemakers of Australia Limited, Yennora;

 

Tubemakers of Australia Limited, Newcastle;

 

Quarries (Australian Iron and Steel Pty Limited);

 

Quarries, &c. (Broken Hill Proprietary Company Limited);

 

Engineers, &c. (State);

 

Metalliferous Miners, &c., General (State);

 

Metalliferous Miners, &c. (State) No. 2;

 

Scientific Officers, Chemists and Chemical Colonial Sugar Refining Co. Limited (Concord Works);

 

Sugar Workers (Colonial Sugar Refining Company Limited, Pyrmont);

 

Engineers (State);

 

University Employees, &c. (State);

 

Smelting, &c. (Electrolytic R.& S. Company, &c.);

 

Smelting (Sulphide Corporation Limited);

 

Australian Gas Light Company (Salaried Division);

 

North Shore Gas Company Limited (Salaried Division);

 

Newcastle Gas Company Limited (Salaried Division);

 

Australian Gas Light Company (Wages Division);

 

North Shore Gas Company Limited (Wages Division);

 

Googong Dam Scheme.

 

Exemptions

 

Exclusion - Unilever Australia Limited (Unifoods Division) - Employees of Unilever Australia Limited, Unifoods Division, Concord, employed on the Concord site shall be excluded from the terms and conditions of this award so long as they are employees under the terms and conditions of the Industrial Agreement registered pursuant to section 11 of the Industrial Arbitration Act 1940, or any agreement replacing it.

 

PART 2 ‑ ENTERPRISE FLEXIBILITY

 

Summary

 

These clauses provide for how the award may be varied in order to meet the particular needs of an enterprise.

 

2.1.  Enterprise Flexibility

 

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply:

 

2.1.1     A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

 

2.1.2     For the purpose of the consultative process the employees may nominate the Union or Unions bound by this award, or other representative, to represent them.

 

2.1.3     Where agreement is reached an application shall be made to the Commission.

 

2.2.  Facilitative Provisions

 

2.2.1     Agreement to vary award provisions

 

(a)        This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in 2.2.2, 2.2.3 and 2.2.4.

 

(b)        The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

 

2.2.2     Facilitation by individual agreement

 

(a)        The following facilitative provisions can be utilised upon agreement between employer and an employee provided that the agreement complies with paragraphs 2.2.2 (b), subparagraphs (c)(i) and (ii):

 

4.2.4 (b)(iii)     Variation to hours Part‑time Employment

 

6.3.5                 Meal Break

 

(b)        The agreement reached must be recorded in the time and wage record kept by the employer in accordance with Division 2 of Part 4 of the Industrial Relations (General) Regulation 1996.

 

(c)

 

(i)         If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.

 

(ii)        The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

 

2.2.3     Facilitation by majority or individual agreement

 

(a)        Subject to paragraphs (b) and (c) of this subclause, the following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it OR, the employer and an individual employee.

 

5.9.1(b)            Payment of Wages

 

6.1.1(b)            Ordinary hours of Work for Day Workers on Weekends

 

6.1.1(c)            Variation to Spread of Hours for Day Workers

 

6.1.4(a)&(b)    Methods of Arranging Ordinary Working Hours

 

6.2.1                 Shift Definitions

 

6.3.1(b)            Working in Excess of Five Hours without a Meal Break

 

7.7.1(d)            Substitution of Public Holidays

 

(b)        Majority Agreement

 

Where agreement has been reached with the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in 2.2.3(a), the employer may not implement that agreement unless:

 

(i)         it complies with 2.2.2(b), 2.2.2(c) and where specified 2.2.5; and

 

(ii)        agreement has been reached with each individual employee to be covered by the facilitative provision.

 

(c)        Individual Agreement

 

Where no agreement has been sought by the employer with the majority of employees in accordance with 2.2.3(b), the employer may seek to reach agreement with individual employees in the workplace, and such agreement will be binding on individual employees provided it complies with 2.2.2(b) and (c) and provided that the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or a section or sections of it.

 

2.2.4     Facilitation by Majority Agreement

 

(a)        The following facilitative provisions may only be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it.

 

6.1.2 (c)           Ordinary Hours of Work, Continuous Shift Workers

 

6.1.3 (b)           Ordinary Hours of Work, Non‑continuous Shift Workers

 

6.1.4 (c)           12 Hour Shifts

 

7.1.1                 Period of Annual Leave

 

7.1.5 (vi)(b)     Annual Close Down

 

(b)        Where agreement has been reached with the majority of employees in the workplace, or a section or sections of it, to implement a facilitative provision in 2.2.4(a), that agreement shall be binding on all such employees, provided the requirements of 2.2.2(b), 2.2.2(c) and where specified 2.2.5 have been met.

 

2.2.5     Additional Safeguard

 

(a)        An additional safeguard applies to:

 

5.9.1 (b)           Period of Payment of Wages

 

6.1.2 (c)            Ordinary Hours of Work, Continuous Shift Workers

 

6.1.3 (b)           Ordinary Hours of Work, Non‑Continuous Shift Workers

 

(b)        The additional safeguard requires that the unions which are party to the award and which have members employed at an enterprise covered by the award shall be informed by the employer of the intention to use the facilitative provision and shall be given a reasonable opportunity to participate in the negotiations regarding its use.  Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

 

2.2.6     Majority vote at the initiation of the employer

 

A vote of employees in the workplace, or a section or sections of it, taken in accordance with 2.2.3 or 2.2.4, to determine if there is majority employee support for implementation of a facilitative provision, will be of no effect, unless taken with the agreement of the employer.

 

2.2.7     Dispute over facilitation

 

In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 3.2

 

PART 3 – CONSULTATION AND DISPUTE RESOLUTION

 

3.1.  Consultative Mechanism and Procedures

 

3.1.1     At each enterprise covered by this award the employer and employees and, if appropriate an appropriate representative including a trade union bound by this award, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award, in particular clauses 2.1 and 2.2 which they agree would assist in achieving and maintaining co‑operative workplace relations and mutually beneficial work practices.

 

3.1.2     The employer shall permit a notice board to be erected in the plant, or each part of a plant, to facilitate communication between employees and/or their union representatives.

 

3.2.  Dispute Resolution Procedure

 

Summary

 

Each enterprise must establish a procedure to avoid or resolve disputes.

 

3.2.1     A procedure for the avoidance or resolution of disputes will apply in all enterprises covered by this Award.  The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following:

 

3.2.1

 

(a)        The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop steward or delegate of their union.

 

Subject to 3.2.2 and 3.2.3 where the shop steward or delegate is involved he/she shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor.

 

3.2.1

 

(b)        If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.

 

The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited Union Officials of the Union to which they belong.

 

(c)        If the matter remains unresolved, the employer may refer it to a more senior level of management or to a more senior national officer within the employer organisation.  The employee may invite a more senior union official to be involved in the discussions.  In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the matter.

 

3.2.2     In order to facilitate the procedure in 3.2.1:

 

(a)        The party with the grievance must notify the other party at the earliest opportunity of the problem;

 

(b)        Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;

 

(c)        Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co‑operate to ensure that the disputes resolution procedures are carried out as quickly as possible.

 

3.2.3     While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety.  Subject to relevant provisions of the Occupational Health and Safety Act 2000, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.

 

Part 4 – EMPLOYMENT RELATIONSHIP

 

4.1.  Employer and Employee Duties

 

Summary

 

An employee has certain obligations to carry out duties as directed. Any direction by the employer must be consistent with a safe and healthy work environment.

 

4.1.1     An employer may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

 

4.1.2     An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

4.1.3     Any direction issued by an employer under this clause is to be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

4.2.  Employment Categories

 

Summary

 

This clause describes the various categories of employment under this award.

 

4.2.1     Probationary Employment

 

(a)        An employer may initially engage a full‑time or part‑time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed three months.

 

(b)        A probationary employee is for all purposes of the award a full‑time or part‑time employee.

 

(c)        Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.

 

4.2.2     Full‑time Employment

 

Any employee not specifically engaged as being a part‑time or casual employee is for all purposes of this award a full‑time employee, unless otherwise specified in the award.

 

4.2.3     Casual Employment

 

A casual employee is one engaged and paid as such.  A casual employee for working ordinary time shall be paid one thirty eighth of the weekly award wage prescribed herein for the work which he or she performs, plus 15 per cent.

 

4.2.4     Part‑time Employment

 

(a)        An employee may be engaged to work on a part‑time basis involving a regular pattern of hours which shall average less than 38 hours per week

 

(b)

 

(i)         Before commencing part‑time employment, the employee and employer must agree:

 

(1)        upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;

 

(2)        upon the classification applying to the work to be performed in accordance with Clause 5.1 of this award;

 

(ii)        Except as otherwise provided in this Award a part‑time employee is entitled to be paid for the hours agreed upon in accordance with 4.2.4 (b)(i)(1).

 

(iii)       The terms of this agreement may be varied by consent.

 

(iv)      The terms of this agreement or any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

 

(c)        The terms of this award shall apply pro rata to part‑time employees on the basis that ordinary weekly hours for full‑time employees are 38.

 

(d)        Overtime

 

A part‑time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 4.2.4(b) (i) and (iii), shall be paid overtime in accordance with clause 6.5 of this award.

 

(e)        Public Holidays

 

Where the part‑time employee's normal paid hours fall on a public holiday prescribed in clause 7.7 and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with Clause 7.7 of this award.

 

4.2.5     Employment for a Specific Period of Time or a Specific Task or Tasks

 

(a)        An employee may be engaged on a full time or part time basis for a specific period of time or for specific task/s.

 

(b)        The details of the specific period of time or specific task/s shall be set out in writing and retained by the employer.  The employer shall provide a copy to the employee.

 

(c)        An employee engaged in accordance with 4.2.5(a) is for all purposes of the award a full‑time or part‑time employee, except where otherwise specified in this award.

 

(d)        Service under a contract of employment for a specific period of time or specific task/s shall form part of an employee's period of continuous service, where such employee is engaged as a full‑time or part‑time employee immediately following such contract of employment.

 

4.2.6     Apprentices

 

(a)        The terms of this award will apply to apprentices (including adult apprentices, as defined) except where it is otherwise stated or where special provisions are stated to apply.  Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an Apprenticeship Authority.

 

(b)        Apprenticeship Authority shall mean the Commissioner of Vocational Training appointed under the Apprenticeship and Traineeship Act 2001, the Vocational Training Tribunal constituted under the Act or the Industrial Relation Commission established by the Industrial Relations Act 1996.

 

4.2.7     Trainees

 

The parties to this Award shall observe the terms of the Metal Trades (Training Wage)(State) Award.

 

4.2.8     Junior tracers

 

The terms of this award apply to junior tracers except where otherwise stated or where special provisions are stated to apply.

 

4.2A.  Secure Employment

 

(a)        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.

 

(b)        Casual Conversion

 

(i)         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.

 

(ii)        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.

 

(iii)       Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) 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.

 

(iv)       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.

 

(v)        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.

 

(vi)       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 (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

 

(1)        whether the employee will convert to full-time or part-time employment; and

 

(2)        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.

 

(vii)      Following an agreement being reached pursuant to paragraph (vi), 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.

 

(viii)     An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

(c)        Occupational Health and Safety

 

(i)         For the purposes of this subclause, the following definitions shall apply:

 

(1)        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.

 

(2)        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.

 

(ii)        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):

 

(1)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(2)        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;

 

(3)        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

 

(4)        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.

 

(iii)       Nothing in this subclause (c) 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.

 

(d)        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.

 

(e)        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.

 

4.3.  Termination of Employment

 

Summary

 

This clause describes certain rights and obligations of both employer and employees in circumstances where employment is terminated.

 

4.3.1     Notice of Termination by Employer

 

(a)        In order to terminate the employment of an employee the employer must give to the employee the following notice:

 

 

(b)        In addition to the notice in 4.3.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years service, are entitled to an additional week's notice.

 

(c)        Payment in lieu of the notice prescribed in 4.3.1(a) and (b) must 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.

 

(d)        In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice, had their employment not been terminated, must be used.

 

(e)        The period of notice in this clause does not apply in the case of dismissal for serious misconduct, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

 

(f)         For the purposes of this clause, service shall be calculated in the manner prescribed by subclause 7.3.5 ‑ Year of Service.

 

4.3.2     Notice of Termination by Employee

 

The notice of termination required to be given by an employee shall be the same as that required of an employer, except that there is no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer has the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

4.3.3     Summary Dismissal

 

The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.

 

4.3.4     Time off during notice period

 

Where an employer has given notice to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

 

4.3.5     Certificate of Service

 

Upon termination of employment, the employer, when requested by the employee, shall provide him with a certificate of service stating length of service, duties performed and classification of office.

 

4.4.  Redundancy

 

4.4.1     Application

 

(a)                    This clause shall only apply in respect of full-time and part-time employees.

 

(b)                    This clause shall apply in respect of employers who employ 15 employees or more immediately prior to the termination of employment of employees.

 

(c)                    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 employers 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.

 

(d)                    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.

 

4.4.2     Introduction of Change

 

4.4.2.1              Employer's duty to notify

 

(a)        Where an employer 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 employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or 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.

 

4.4.2.2              Employer's duty to discuss change -

 

(a)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in 4.4.2.1, 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 discussions shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in 4.4.2.1.

 

(c)        For the purpose of such discussions, the employer 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.

 

4.4.3     Redundancy

 

4.4.3.1              Discussions before terminations

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to 4.4.2.1(a), and that decision may lead to the termination of employment, the employer 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 is practicable after the employer has made a definite decision which will invoke the provision of 4.4.3.1(a) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

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

 

4.4.4     Termination of Employment

 

4.4.4.1              Notice for Changes in Production, Programme, Organisation or Structure

 

(a)        The notice provisions to be applied to terminations by the employer for reasons arising from changes in production, programme, organisation or structure shall be the same as that provided in 4.3 Termination of Employment

 

(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.

 

4.4.4.2              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 4.4.2.1(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 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

4.4.4.3              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 5 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.

 

4.4.4.4              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.

 

4.4.4.5              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.

 

4.4.4.6              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 Certificate" in the form provided by Centrelink.

 

4.4.4.7              Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in clause 4.4.2 of this award, 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.

 

4.4.5     Severance Pay

 

4.4.5.1              Amounts

 

Where an employee is to be terminated pursuant to subclause 4.4.4, the employer shall pay the following severance pay in respect of a continuous 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	5weeks
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	15weeks
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.

 

4.4.5.2              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 4.4.5.1 above.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 4.4.5.1 above will have on the employer.

 

4.4.5.3              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 4.4.5.1 above if the employer obtains acceptable alternative employment for an employee.

 

4.5.  Absence from Duty

 

Unless a provision of this award states otherwise (e.g. sick leave), an employee not attending for duty will lose their pay for the actual time of such non ‑ attendance.

 

4.6.  Standing Down Employees

 

Summary

 

The employer has the right to stand down an employee without pay in certain circumstances.

 

The employer has the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.  Provided that such standing down shall not be deemed a break in the continuity of employment for the purposes of any rights under this award.

 

4.7.  Abandonment of Employment

 

Summary

 

This clause describes the circumstances which amount to abandonment of employment by an employee.

 

The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned their employment.

 

Provided that if within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that they were absent for reasonable cause, they shall be deemed to have abandoned their employment.

 

Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

 

4.8.  Pay Slips and Employer Records

 

4.8.1     Pay Slips

 

Section 123 of the Industrial Relations Act 1996 (NSW) (‘the Act’) requires that when an employer pays remuneration to an employee, the employer must supply the employee with written particulars regarding the payment.  The section enables an employer, with the approval of the Industrial Registrar, to make different arrangements for the supply of information about remuneration.

 

NOTE: The written particulars required by the Act, as set out in Clause 7 of the Industrial Relations (General) Regulation 1996, are subject to change from time to time and are repeated here for convenience only.

 

Clause 7          Particulars of remuneration to be supplied to employees

 

(1)        For the purposes of section 123 (1) of the Act, the following written particulars are to be supplied by the employer to an employee when remuneration is paid to the employee:

 

(a)        the name and Australian Business Number of the employer,

 

(b)        the name of the employee,

 

(c)        if the remuneration of the employee is set by an industrial instrument—the classification of the employee under that instrument,

 

(d)        the date on which the payment was made,

 

(e)        the period of employment to which the payment relates,

 

(f)         the gross amount of remuneration (including overtime and other payments),

 

(g)        the amount paid as overtime or such information as will enable the employee to calculate the amount paid as overtime,

 

(h)        the amount deducted for taxation purposes,

 

(i)         the amount deducted as employee contributions for superannuation purposes,

 

(j)         the particulars of all other deductions,

 

(k)        the net amount paid.

 

4.8.2     Employer Records

 

Section 129 of the Industrial Relations Act 1996 (NSW) (‘the Act’) requires that an employer must ensure that certain records are kept in relation to employees of the employer.

 

NOTE:  The records required by the Act, as set out in Division 2 - Employers’ records, of Part 4 of the Industrial Relations (General) Regulation 1996, are subject to change from time to time and are summarised here for convenience only.

 

Clause 9          Content of records - General

 

The prescribed records relating to an employee must contain the following particulars:

 

(a)        the full name of the employer,

 

(b)       the full name of the employee,

 

(c)        if any conditions of employment of the employee are set by an industrial instrument the classification of the employee under that instrument,

 

(d)       whether the employee is employed full-time or part-time,

 

(e)        whether the employee is employed on a permanent, temporary or casual basis,

 

(f)        if the employee is an apprentice or trainee within the meaning of the Industrial and Commercial Training Act 1989 the date the person became such an apprentice or trainee,

 

(g)       the date on which the employee was first employed with the employer,

 

(h)       if the employee's employment is terminated the date of termination.

 

Clause 10        Content of records—remuneration and hours worked

 

(1)        The prescribed records relating to an employee must contain the following particulars concerning the remuneration paid and hours worked by the employee:

 

(a)        if the relevant industrial instrument prescribes the number of hours to be worked per week, day or other period—the number of hours worked by the employee during each such period,

 

(b)        if the relevant industrial instrument limits the daily hours of work and provides for the payment of daily overtime—the number of hours worked by the employee during each day and the times of starting and ceasing work,

 

(c)        if the relevant industrial instrument prescribes a rate of remuneration per week, day, hour or other period—the rate of remuneration per week, day, hour or other period at which the employee is paid,

 

(d)        if the relevant industrial instrument prescribes piece-work—the number and description of pieces made by the employee and the rate per piece at which the employee is paid,

 

(e)        the gross amount of remuneration paid to the employee, showing the deductions made from that remuneration,

 

(f)         such other particulars as are necessary to show that the requirements of the relevant industrial instrument relating to remuneration paid and hours worked are being complied with

 

(2)        In this clause, remuneration includes overtime and other payments.”

 

Clause 11        Content of records-leave

 

The prescribed records relating to an employee must contain the following particulars about leave of any kind to which the employee is entitled under the industrial relations legislation or an industrial instrument:

 

(a)        the leave taken by the employee,

 

(b)       the employee’s entitlement from time to time to that leave,

 

(c)        accrual of leave

 

Clause 12        Content of records—superannuation contributions

 

(1)        The prescribed records relating to an employee must contain the following particulars about any superannuation contributions that the employer must make for the benefit of the employee under an industrial instrument:

 

(a)        the amount of the contributions made,

 

(b)        the period over which the contributions were made,

 

(c)        when the contributions were made,

 

(d)        the name of the fund or funds to which the contributions were made,

 

(e)        the basis on which the employer became liable to make the contributions (including particulars of any relevant election by the employee).

 

(2)        The particulars referred to in subclause (1) (a) - (c) are not required in the case of contributions to a defined benefit superannuation fund within the meaning of the Occupational Superannuation Standards Regulations of the Commonwealth.

 

Clause 13        Manner and form of keeping records

 

(1)        The prescribed records must be:

 

(a)        in legible form in the English language, or

 

(b)        in computerised or other form that is readily accessible and is convertible into a legible form in the English language.

 

(2)        For the purposes of enabling an inspector or other person to exercise any power conferred by the Act to inspect any records kept in the form referred to in subclause (1)(b), the relevant part of the records are to be converted into legible form in the English language.

 

Clause 14        Transfer of records to successor employers

 

(1)        This clause applies to the transfer of records kept by an employer (the former employer) relating to a transferred employee (as defined in section 101 of the Act) to the successor of the employer (the new employer).

 

(2)        The former employer must transfer to the new employer all prescribed records relating to the transferred employee that, at the date of transfer, the former employer is required to keep under section 129 of the Act.

 

(3)        The new employer is to keep those transferred records as if they had been made by the new employer at the time they were made by the former employer.

 

(4)        The former employer is required to keep a copy of the transferred records for a period of at least 6 years after those records were made.

 

(5)        The new employer is not required to make records of anything occurring in the course of the transferred employee’s employment with the former employer.”

 

4.9.  Right of Entry

 

See Part 7 of Chapter 5 of the Industrial Relations Act 1996 (NSW).

 

4.10.  Award to be Posted

 

Section 361 of the Industrial Relations Act 1996 (NSW) requires that an employer of employees whose conditions of employment at any premises are affected by this award must cause a copy of this award to be exhibited in a conspicuous place at those premises.

 

4.11      Notice Boards

 

4.11.1   Notice Board

 

The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in his/her plant or in separate buildings in each plant so that it will be reasonably accessible to all his/her employees working under the award.  Accredited union representatives shall be permitted to put on the notice board or boards, union notices, signed or countersigned by the representative posting it.  Any notice posted on such board not so signed or countersigned may be removed by an accredited union representative or by the employer.

 

4.12.  Notification of Classification

 

(a)        All employees covered by this award shall be given written notification by their employer of their classification and number of years' credited service within that classification within:

 

(i)         two weeks of being engaged by their employer;

 

(ii)        two weeks of entering into a classification or a promotion coming within the scope of this award: Provided that the automatic progression of an employee through the years of experience as expressed in the one classification shall not be deemed as coming within (ii), of this subclause.

 

(b)        Further, a notification given to an employee on entry into a classification coming within the scope of this award shall positively identify the designation of the employee together with his credited "Years of Experience".

 

PART 5 –RATES OF PAY AND RELATED MATTERS

 

5.1.  Classifications and Rate S of Pay

 

5.1.1     Rates Of Pay For Adult Employees

 

(a)        Adult employees, other than those specified in 5.1.1(b), shall be entitled to receive the award rate of pay for the relevant classification as set out in the table in 5.1.1(c)

 

(b)        The following adult employees are not entitled to receive the award rate of pay set out in the table in 5.1.1(c):

 

Apprentices

 

Employees receiving a supported wage (refer to Clause 5.6);

 

Trainees (refer to Clause 5.5);

 

(c)        Schedule of Rates of Pay

 

 

(d)        Trainer/Supervisor/Coordinator ‑ Technical

 

A Trainer/Supervisor/Coordinator ‑ Technical is an employee who is responsible primarily for the exercise of skills in technical fields as defined, up to the level of his/her skill and competence and who is additionally involved in the supervision/training of other technical employees. Such an employee shall receive not less than 107% of the rate of pay applicable to the employee's technical classification.

 

(e)        State Wage Case Adjustments

 

The rates of pay in this award include the adjustments payable under the State Wage Case 2007.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments, and/or

 

(b)       award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

(f)         Phasing in of Wage Rates of Employees without relevant Work Experience

 

An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification definition but who is without prior experience in the metal and engineering industry or other relevant work experience shall be paid in accordance with the following formula:

 

 

(g)        For the purposes of this clause, any entitlement to wages expressed to be by the week shall mean any entitlement which an employee would receive for performing 38 hours of work.

 

5.1.2     Classification Definitions

 

The definitions of the classifications for each of the wage levels referred to in 5.1.1(c) are set out in Schedule A.

 

5.1.3     Procedure For Classifying Employees

 

(a)        The procedures for reclassifying employees under this award are set out in the National Metal and Engineering Competency Standards Implementation Guide distributed by the Manufacturing, Engineering and Related Services Industry Training Advisory Body.

 

(b)        Without detracting from any of the processes set out in 5.1.3(e), any disputes in relation to classification or reclassification, including disputes relating to the terms of the National Metal and Engineering Competency Standards Implementation Guide, shall be handled in accordance with the Dispute Resolution Procedure in clause 3.2 of this award.

 

(c)

 

(i)         It shall be a term of the award that where there is agreement to implement the standards at the enterprise, or in the event that the classification of an employee is called into question, the issue shall be settled by the application of competency standards in accordance with this clause and the National Metal and Engineering Competency Standards Implementation Guide or by reference to the minimum training requirement in the relevant classification definition, except as provided in paragraphs (ii) (iii) and (iv) below.

 

(ii)        Where the employee has a relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified and he/she is exercising or will be required to exercise the skills and knowledge gained from that qualification necessary for that level of work the employee shall be classified appropriately.  It is up to the employer to demonstrate reasons for a qualification that is a recognised minimum training requirement not being regarded as relevant for an employee's work. Any disputes which cannot be resolved at the enterprise level over the application of this clause in the first instance are to be referred to the prescribed in 5.1.3(e)(i) of this award.

 

(iii)       Where skill standards have not been finalised in respect of any class of work, and this is necessary for determining an employee's classification, employees performing such work shall not be reclassified until such standards are available except as provided for in paragraphs (ii) and (iv) of this subclause.

 

(iv)      Where the situation described in paragraph (iii) above applies, but not under any other circumstances, an employee may be reclassified on the basis that the employee meets the requirements of the classification definitions prescribed in Schedule A of this Award.

 

(v)       All employees engaged under the award at the relevant classification levels shall be subject to the metal and engineering competency standards.

 

(d)        Other provisions to be followed where competency standards are being implemented in an enterprise:

 

(i)         Management and employee representatives responsible for oversighting the implementation of competency standards within enterprises shall be given access to briefing and/or training courses on the standards prior to implementation.

 

(ii)        Such briefings/training courses on the metal and engineering competency standards and Implementation Guide should be approved by the Manufacturing Engineering and Related Services Industry Training Advisory Body (MERISTAB). These briefings/training courses can be either a joint briefing delivered by the parties or by one party with the approval of other relevant parties at the enterprise or an approved course delivered by a MERSITAB recognised provider with the approval of the relevant parties at the enterprise level. The above does not exclude the delivery of additional training or advice by the parties or the MERSITAB to enterprises.

 

(e)        Facilitation of Implementation

 

(i)         A Committee to facilitate the implementation of standards, chaired by a an independent agreed chairperson and consisting of the relevant employer and union parties to the award shall meet as required to monitor the implementation of standards until 30 June 2001. The Executive Officer of the Manufacturing, Engineering and Related Services Industry Training Advisory Body shall also be a member of the Committee. The need for the Committee shall be reviewed before 30 June 2001. The Committee will be responsible for: monitoring implementation; dealing with any major implementation problems including the application of points; refinement of the standards in respect of their use within the award; any variation to, or dispute over, the National Metal and Engineering Competency Standards Implementation Guide in the light of experience during the implementation process; and co-ordinating any further advice to enterprises.

 

In dealing with any major problems the Committee may:

 

request national officials of the relevant industry parties to meet immediately to attempt to resolve the concerns;

 

make arrangements for an assessment and report by experts representing the relevant industry parties. The Committee would then consider the report of the experts and agree on a course of action to resolve the concerns;

 

recommend that implementation be suspended in an enterprise or enterprises whilst the Committee deals with the issues of concern.

 

(ii)        Where necessary an application may be made to the Industrial Committee as set out in subclause 5.1.3(g) for the purpose of resolving any disputes or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.

 

(iii)       During the period of operation of the Committee established under subparagraph 5.1.3(e)(i), if any problem arises in relation to implementation of the standards at the enterprise level which cannot be resolved by the parties at that level then it shall be referred to that Committee. If resolution is not achieved, the matter will be referred to the Industrial Committee as set out in subparagraph 5.1.3(e)(ii).

 

Notwithstanding the above, the rights of any party to pursue whatever other course of action is available under the Industrial Relations Act 1996 remains available.

 

(f)         Points

 

The points to be assigned to the classification levels under the award shall be:

 

 

and in accordance with Table 2 in the National Metal and Engineering Competency Standards Implementation Guide.

 

(g)        Industrial Committee - Competency Standards Implementation

 

Notwithstanding the provisions of this clause, an application may be made to the Industrial Committee for the purpose of resolving any dispute or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.

 

5.1.4     Lower Grade and Higher Grade Duty

 

5.1.4.1  An employee who is called upon to perform work of a lower grade than that in which he/she is normally engaged, shall suffer no reduction in salary on that account.

 

(a)        An employee who is called upon to perform work of a higher grade that that in which he/she is normally engaged shall be paid for the time so employed at the rate of the first year of the grading of the employee whose duties he/she is performing.

 

5.2.  Training

 

5.2.1     Following proper consultation in accordance with clause 3.1, which may include the establishment of a training committee, an employer shall develop a training program consistent with:

 

the current and future skill needs of the enterprise;

 

the size, structure and nature of the operations of the enterprise;

 

the need to develop vocational skills relevant to the enterprise and the industry through courses conducted by accredited institutions and providers.

 

5.2.2     Where it is agreed that a training committee be established it shall include employer and employee representatives.  The role of the training committee shall be clearly set out and shall include:

 

formulating a training program including available training courses and career opportunities;

 

recommending individual employees for training and reclassification; and

 

monitoring and advising management and employees regarding the on‑going effectiveness of the training.

 

(a)        Where as a result of the consultation referred to at subclause 5.2.1, including with the employee concerned, it is agreed that additional training should be undertaken by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave. This shall not prevent the employer and employee(s) agreeing to paid leave for other relevant training.

 

(b)        Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.

 

(c)        Travel costs incurred by an employee undertaking training in accordance with this subclause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

 

5.3.  Apprentice Rates of Pay

 

5.3.1

 

Column 1	Column 2	Column 3	Column 4
4 year terms	Percentage of C10	Total Rate per week	Hourly Rate
apprenticeship	Weekly Rate	$	$
First Year	42	259.65	6.83
Second Year	55	340.00	8.95
Third Year	75	463.65	12.20
Fourth Year	88	544.00	14.32

 

5.3.2     See 5.1.1(d) for the criteria regarding absorption of safety net adjustments.

 

5.3.3     An employee who is under 21 years of age on the expiration of his or her apprenticeship and thereafter works as a minor in the occupation to which he or she has been apprenticed shall be paid at not less than the adult rate prescribed for the classification.

 

5.4.  Junior Tracer Rates of Pay

 

5.4.1     The minimum weekly wage rates for Junior Tracers shall be:

 

 

5.5.  Trainee Rates of Pay

 

Refer to the Metal Trades (Training Wage) (State) Award (286 I.G. 154), as varied, for rates of pay and conditions of employment for trainees.

 

5.6.  Supported Wage System for People With Disabilities

 

5.6.1     Workers Eligible for a Supported Wage

 

This clause defines the conditions that will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this award.  In the context of this clause, the following definitions will apply:

 

(i)         "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in "Supported Wage System: Guidelines and Assessment Process".

 

(ii)        "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

 

(iii)       "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, or any successor to that scheme.

 

(iv)       "Assessment instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

 

5.6.2     Eligibility Criteria

 

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a Disability Support Pension.

 

This clause does not apply to any existing employee who has a claim against the employer that is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitating of employees who are injured in the course of their employment.

 

This clause also does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of, or are eligible for, a Disability Support Pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the Act, or if a part only has received recognition, that part.

 

5.6.3     Supported Wage Rates

 

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work that the person is performing, according to the following schedule:

 

Assessed Capacity	% of prescribed
(subclause (d))	award rate
10%*	10
20%	20
30%	30
40%	40
50%	50
60%	60
70%	70
80%	80
90%	90

 

(Provided that the minimum amount payable shall be not less than $64.00 per week).

 

* Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

 

5.6.4     Assessment of Capacity

 

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument, by either:

 

(i)         the employer and a union party to the award, in consultation with the employee or, if desired, by any of these;

 

(ii)        the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

 

5.6.5     Lodgement of Assessment Instrument

 

(i)         All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

 

(ii)        All assessment instruments shall be agreed and signed by the parties to the assessment; provided that where a union which is a party to the award is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect, unless an objection is notified to the Registrar within ten working days.

 

5.6.6     Review of Assessment

 

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review.  The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

 

5.6.7     Other Terms and Conditions of Employment

 

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

 

5.6.8     Workplace Adjustment

 

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job.  Changes may involve re‑design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

 

5.6.9     Trial Period

 

(i)         In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this subclause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

 

(ii)        During the trial period, the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

 

(iii)       The minimum amount payable to the employee during the trial period shall be no less than $64.00 per week.

 

(iv)       Work trials should include induction or training as appropriate to the completion of the trial period; a further contract of employment shall be entered into based on the outcome of assessment under clause 5.6.4 above.

 

5.7.  Allowances and Special Rates

 

5.7.1     Allowances

 

(a)        Motor Allowance

 

Where an employee reaches agreement with their employer to use their own motor vehicle on the employer’s business the employee shall be paid an allowance of .66cents per kilometre travelled.

 

(b)        Travelling, Transport and Fares

 

(i)         Excess Travelling and Fares

 

An employee who on any day or from day to day is required to work at a job away from his or her accustomed workshop or depot will, at the direction of the employer, present himself or herself for work at such job at the usual starting time, but for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from his or her home to such workshop or depot and returning) he or she will be paid travelling time, and also any fares reasonably incurred in excess of those normally incurred in travelling between his or her home and such workshop or depot.

 

An employee who with the approval of the employer uses his or her own means of transport for travelling to or from outside jobs will be paid the amount of excess fares which he or she would have incurred in using public transport unless he or she has an arrangement with his or her employer for a regular allowance.

 

(ii)        Distant Work

 

An employee sent from his or her usual locality to another (in circumstances other than those prescribed in 5.7.1(a) hereof) and required to remain away from his or her usual place of abode will be paid travelling time whilst necessarily travelling between such localities, and expenses whilst so absent from his or her usual locality.

 

(iii)       Payment for Travelling

 

(1)        The rate of pay for travelling time is ordinary rates, except on Sundays and holidays when it will be time and a half.

 

(2)        The maximum travelling time to be paid for is 12 hours out of every 24 hours, or when a sleeping berth is provided by the employer for all‑night travel, eight hours out of every 24.

 

(iv)       Expenses

 

"Expenses" for the purpose of this clause means:

 

(1)        All fares reasonably incurred. The fares allowed are be for rail travel, second class except where all‑night travelling is involved when they are to be first class, with sleeping berth where available.

 

(2)        Reasonable expenses incurred whilst travelling including an amount set out in Item 3 of 5.9.2(g) for each meal taken.

 

(3)        A reasonable allowance to cover the cost incurred for board and lodging.

 

(v)        If an employee is directed to work at a place other than his/her usual place of employment and the means of transport by which he/she is directed to travel offers travellers' accommodation of more than one class, the fares which shall be payable under this clause shall be such as to enable him/her to travel first class.

 

(vi)       An employee, should he/she so desire it, shall be reimbursed by the employer to the extent of a first class return fare to his/her usual place of residence in respect of his/her normal place of employment after each period of four weeks on "distant work" unless such work is inherent in the normal work of the establishment in which he/she is employed. "Distant work" shall mean work which renders it necessary for an employee to sleep at a place other than his/her usual place of residence in respect of his/her usual place of employment.

 

5.7.2     Application of Technical Computing Allowance

 

An allowance of $31.70 a week shall be paid to any employee who is required to use technical computing equipment (as defined) to perform work of a complex nature.  Work of a complex nature includes:

 

(a)        the application of new concepts in their field of work, including the use of three‑dimensional projections;

 

(b)        the development of specialised programmes for technical computing applications;

 

(c)        system development, including the evaluation of existing and alternative systems or ancillary software and/or hardware;

 

(d)        the provision of training on the system for users, including the development and/or evaluation of self‑learn and/or teaching methods or software packages.

 

Technical computing equipment is defined as computer hardware (including personal computers, micro computers, mini computers or mainframe computers) using software (including design, engineering, planning or data base programmes), which are used for technical and/or engineering applications, including design, drafting, planning, quality control, machine programming, NC programming and engineering analysis.

 

This allowance is not payable for routine or repetitive functions, or where the system is used merely as an aid.

 

5.7.3     Checking work Allowance

 

A draughting employee employed for the greater part of his/her time in checking the work of other draughting employees shall be paid $20.85 per week in addition to the rate to which he/she otherwise is entitled under this award.

 

5.8.  Extra Rates Not Cumulative

 

Extra rates in this Award, and rates for work on public holidays, are not cumulative so as to exceed the maximum of double the ordinary rates.

 

5.9.  Payment of Wages

 

Summary

 

This clause provides for the pay period and method of payment of wages.

 

5.9.1     Period of Payment

 

(a)        Wages shall be paid weekly or fortnightly, either:

 

(i)         according to the actual ordinary hours worked each week or fortnight; or

 

(ii)        according to the average number of ordinary hours worked each week or fortnight.

 

(b)        By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid three weekly, four weekly or monthly.  Subject to paragraph (c) of subclause 2.2.3, agreement in this respect may also be reached between the employer and an individual employee.

 

5.9.2     Method of Payment

 

Wages shall either be paid by cash, cheque or electronic funds transfer into the employee's bank (or other recognised financial institution) account.

 

In the case of employees paid by cheque, if the employee requires it, the employer shall have a facility available during ordinary hours for the encashment of the cheque.

 

5.9.3     Payment of Wages on Termination of Employment

 

On termination of employment, wages due to an employee shall be paid on the day of termination or forwarded to the employee by post on the next working day.

 

5.9.4     Day off coinciding with pay day

 

Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day.  However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

 

5.9.5     Wages to be paid during working hours

 

(a)        Where an employee is paid wages by cash or cheque such wages shall be paid during ordinary working hours.

 

(b)        If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for ceasing work, they shall be paid at overtime rates for the period they are kept waiting.

 

5.9.6     Absences from Duty Under an Averaging System

 

Where an employee's ordinary hours in a week are greater or less than 38 hours and such employee's pay is averaged to avoid fluctuating wage payments, the following shall apply:

 

(a)        The employee will accrue a “credit” for each day he or she works ordinary hours in excess of the daily average.

 

(b)        The employee will not accrue a "credit" for each day of absence from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, paid bereavement leave, paid carers' leave or jury service).

 

(c)        An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, paid bereavement leave, paid carers' leave or jury service shall accrue a proportion of the "credit" for the day, based upon the proportion of the working day that the employee was in attendance.

 

5.10.  Ship Trials

 

In the case of an employee engaged on ship trials, whether at wharf, or in harbour, or at sea, the provisions of clause 6.3, Meal Breaks, of this award, shall not apply, but all remaining clauses of the award shall apply and in addition thereto the following provisions shall apply:

 

(a)        An employee's time for the purpose of computing the time of trial duty shall be deemed to commence at the time the employee is instructed to be on board the vessel, provided he/she is ready to go aboard at that time, and shall be deemed to terminate the time the employee gains contact with the shore.  Where such contact is obtained by the vessel's mooring at a wharf, contact shall be deemed to be gained when the gangway is lowered after mooring.

 

(b)        The maximum number of continuous hours an employee shall be required to be on duty shall be twelve hours.  Should the trial be planned for a longer duration a relief shift shall be arranged before leaving wharf.

 

(c)        A reasonable time, not less than thirty minutes, or as agreed upon, shall be allowed for each meal. Luncheon shall be provided and the time thereof shall be, as far as practicable, between 12.00 noon and 2.00 p.m.  If the employee is required to be on board before 7.00 a.m. breakfast shall be provided, and if the trial continues after 6.00 p.m. a light tea shall be provided.  Where shifts are being worked, adequate meals shall be provided for each shift.

 

(d)        The following rates of pay shall be paid for time on duty as indicated:

 

(i)         Whilst vessel is at wharf ‑ the rate payable pursuant to this award for work performed on the days and at the time in question, plus 25 per cent of the ordinary daily rate for such work.

 

(ii)        Whilst vessel is in harbour or at sea ‑ the rate payable pursuant to this award for work performed on the days and at the time in question, plus 50 per cent of the ordinary daily rate for such work.

 

PART 6 – HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME

 

6.1.  Ordinary Hours of Work

 

Summary

 

This clause describes the ordinary hours of work and how they are to be arranged for day workers, continuous shift workers and non‑continuous shift workers.

 

The ordinary hours of work for all three categories is 38 per week to be averaged over the period of the work cycle that applies in the particular enterprise.

 

There is provision for the employer, by agreement with employees, to arrange working hours to achieve maximum flexibility in order to suit the needs of both the enterprise and the employees.

 

6.1.1     Ordinary Hours of Work ‑ Day Workers

 

(a)        Subject to subclause 6.1.4, the ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days.

 

(b)        The ordinary hours of work may be worked on any day or all of the days of the week. This subclause shall be read in conjunction with paragraphs (e) and (f) of subclause 6.1.1.

 

(c)        The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (i.e. 6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or in appropriate circumstances, between the employer and an individual employee.

 

(d)        Any work performed outside the spread of hours is to be paid for at overtime rates.  However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.

 

(e)        The minimum rate to be paid for a day worker for ordinary time worked between midnight on Friday and midnight on Saturday shall be time and a half.

 

(f)         The minimum rate to be paid for a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday shall be double time.

 

6.1.2     Ordinary Hours of Work ‑ Continuous Shift Workers

 

(a)        Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

(b)        Subject to 6.1.2(c) the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days.  Continuous shift workers are entitled to a 20 minute meal break on each shift which shall be counted as time worked.

 

(c)        By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period that exceeds 28 consecutive days but does not exceed 12 months.

 

(d)        Except at the regular change-over of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

6.1.3     Ordinary Hours of Work ‑ Non‑Continuous Shift Workers

 

(a)        Subject to 6.1.3(b), the ordinary hours of work for non‑continuous shift workers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

 

(b)        By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period, which exceeds 28 consecutive days but does not exceed 12 months.

 

(c)        The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.

 

(d)        Except at change‑over of shifts an employee will not be required to work more than one shift in each 24 hours.

 

6.1.4     Methods of Arranging Ordinary Working Hours.

 

(a)        Subject to the employer's right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in 6.1.1(c) and the employer's right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned.  Subject to paragraph (c) of subclause 2.2.3 this does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

 

(b)        Matters upon which agreement may be reached include:

 

(i)         how the hours are to averaged within a work cycle established in accordance with 6.1.2 and 6.1.3

 

(ii)        the duration of the work cycle for day workers provided that such duration shall not exceed 3 months

 

(iii)       rosters which specify the starting and finishing times of working hours

 

(iv)      a period of notice of a rostered day off which is less than four weeks

 

(v)       substitution of rostered days off

 

(vi)      accumulation of rostered days off

 

(vii)     arrangements which allow for flexibility in relation to the taking of rostered days off

 

(viii)    any arrangements of ordinary hours which exceed 8 hours in any day

 

(c)        By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

 

(i)         Proper health monitoring procedures being introduced;

 

(ii)        Suitable roster arrangements being made;

 

(iii)       Proper supervision being provided;

 

(iv)      Adequate breaks being provided;

 

(v)       An adequate trial or review process being implemented through the consultative process in clause 3.1.

 

(d)

 

(i)         Where an employee works on a shift other than a rostered shift (as defined), he/she shall:

 

(1)        if employed on continuous work, be paid at the rate of double time; or

 

(2)        if employed on other shiftwork, at the rate of time and one half for the first three hours and double time thereafter.

 

(ii)        The provision of 6.1.4(d)(i) do not apply when the time is worked:

 

(1)        by arrangement between the employees themselves;

 

(2)        for the purposes of effecting the customary rotation of shifts; or

 

(3)        on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for the day in accordance with clause 4.6.

 

6.1.5     Daylight Saving

 

Where by reason of legislation, summer time is prescribed as being in advance of the standard time in the State the length of any shift:

 

Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, and

 

Commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant legislation.

 

In this subclause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant legislation.

 

6.2.  Special Provisions for Shiftworkers

 

Summary

 

This clause defines afternoon and night shift and prescribes the allowances for such shifts as well as the loadings payable for Saturday, Sunday and Public Holidays Shifts.

 

6.2.1     Definitions

 

For the purposes of this award:

 

"Rostered Shift" means any shift of which the employee concerned has had at least 48 hours notice.

 

"Afternoon Shift" means any shift finishing after 6.00 pm and at or before midnight.

 

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 am.

 

By agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.

 

6.2.2     Afternoon and Night Shift Allowances

 

(a)        An employee whilst on afternoon or night shift shall be paid for such shift 15 per cent more than his or her ordinary rate.

 

(b)        An employee who works on an afternoon or night shift which does not continue:

 

(i)         for at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workshop (where no more than eight ordinary hours are worked on each shift); or

 

(ii)        for at least 38 ordinary hours (where more than eight ordinary hours are worked on each shift and the shift arrangement is in accordance with subclauses 6.1.2 or 6.1.3);

 

shall be paid for each shift 50 percent for the first three hours and 100 percent for the remaining hours, in addition to his or her ordinary rate.

 

(c)        An employee who:

 

(i)         During a period of engagement on shift, works night shift only; or

 

(ii)        Remains on night shift for a longer period than four consecutive weeks; or

 

(iii)       Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him or her at least one third of his or her working time off night shift in each shift cycle;

 

shall, during such engagement, period or cycle, be paid 30 per cent more than his or her ordinary rate for all time worked during ordinary working hours on such night shift.

 

6.2.3     Rate for Working on Saturday Shifts

 

The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. This extra rate is in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.

 

6.2.4     Rate for Working on Sunday and Public Holiday Shifts

 

(a)        The rate at which continuous shift workers are to be paid for work on a rostered shift the major portion of which is performed on a Sunday or public holiday shall be as follows:

 

(i)         Sundays - at the rate of time and three-quarters;

 

(ii)        Holidays - at the rate of double time

 

(b)        The rate at which shift workers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:

 

(i)         Sundays ‑ at the rate of double time

 

(ii)        Public Holidays ‑ at the rate of double time and a half.

 

(c)        Where shifts commence between 11.00pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday shall be regarded as time worked on the Sunday or public holiday.

 

(d)        Where shifts fall partly on a holiday, the shift which has the major portion falling on the public holiday shall be regarded as the holiday shift.

 

(e)        The extra rates in this subclause are in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.

 

6.3.  Meal Breaks

 

Summary

 

This clause deals with the taking of meal breaks during ordinary working hours and covers when the meal break is to be taken, alterations to the time the break may be taken and payment for working during the meal break.

 

6.3.1     An employee shall not be required to work for more than five hours without a break for a meal except in the following circumstances:

 

(a)        In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours, an employee will not be required to work for more than six hours without a break for a meal break.

 

(b)        By agreement between an employer and an employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.

 

6.3.2     The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

 

6.3.3     An employer may stagger the time of taking a meal and rest breaks to meet operational requirements.

 

6.3.4     Subject to 6.3.1, an employee shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while the plant is idle.

 

6.3.5     Except as provided in this subclause, and except where any alternative arrangement is entered into by agreement between the employer and employees concerned, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

 

6.4.  Morning and Afternoon Tea

 

1.          Employees are entitled to a 10 minute morning tea rest period at a time fixed by the employer.

 

2.          Employees shall be permitted without ceasing work to partake of refreshment in the afternoon.

 

6.5.  Overtime

 

Summary

 

Overtime is payable for work done outside the ordinary hours of work.  Generally speaking, the overtime rate is time and a half for the first three hours and double time thereafter.  Continuous shift workers are entitled to double time for all overtime.

 

Employees are required to work a reasonable amount of overtime. Minimum payments are prescribed for overtime work on Saturday, Sunday and Public Holidays.

 

Employees are required to have a rest period normally between work on successive days.

 

Provision is made for employees being called back after leaving the premises and for standing by for callback.

 

Meal breaks and meal allowances are also dealt with in this clause.

 

6.5.1     Payment for Working Overtime

 

(a)        Except as provided for in 6.5.1(d), 6.5.1(e), 6.5.8 and 6.5.9, for all work done outside ordinary hours on any day or shift (as defined in subclauses 6.1.1, 6.1.2 and 6.1.3) the overtime rates of pay are time and a half for the first three hours and double time thereafter until the completion of the overtime work. For continuous shift workers the rate for working overtime is double time.

 

(b)        For the purposes of this clause "ordinary hours" means the hours worked in an enterprise, fixed in accordance with clause 6.1 of this award.

 

(c)        The hourly rate, when computing overtime, is to be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.

 

(d)        When not less than 7 hours 36 minutes notice has been given to the employer by a relief shiftworker that he or she will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on his or her rostered day off the unrelieved employee shall be paid double time.

 

(e)        In computing overtime each day's work shall stand alone.

 

6.5.2     Requirement to Work Reasonable Overtime

 

An employer may require any employee to work reasonable overtime at overtime rates and the employee shall work overtime as required.

 

6.5.3     One in, All in does not Apply

 

The assignment of overtime by an employer to an employee is to be based on specific work requirements and the practice of "one in, all in" overtime must not apply.

 

6.5.4     Rest Period after Overtime

 

(a)        When overtime work is necessary it must, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive working days.

 

(b)        An employee (other than a casual employee) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to this subclause, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at double rates until he or she is released from duty for such period.  The employee is then entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.

 

(d)        The provisions of this subclause will apply in the case of shift workers as if eight hours were substituted for 10 hours when overtime is worked:

 

(i)         for the purpose of changing shift rosters; or

 

(ii)        where a shift worker does not report for duty and a day worker or a shift worker is required to replace the shift worker; or

 

(iii)       where a shift is worked by arrangement between the employees themselves.

 

6.5.5     Call Back

 

An employee recalled to work overtime after leaving the employer's enterprise (whether notified before or after leaving the enterprise) is to be paid for a minimum of four hours work at the rate of time and one half for the first three hours and double time thereafter (or double time for the full period for continuous shift workers).  There are a number of conditions which apply to this provision:

 

(a)        Where an employee is required to regularly hold himself or herself in readiness for a call back he or she will be paid for a minimum of three hours work at the appropriate overtime rate. This is subject to 6.5.6 which deals with the conditions for standing by.

 

(b)        If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and the commencement of their ordinary work on the next ordinary working day he or she shall be entitled to the three or four hour minimum overtime payment provided for in this subclause for each call back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.

 

(c)        Except in the case of unforeseen circumstances arising, an employee will not be required to work the full three or four hours as the case may be if the job he or she was recalled to perform is completed within a shorter period.

 

(d)        This subclause does not apply in cases where it is customary for an employee to return to the enterprise to perform a specific job outside the employee's ordinary working hours or where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary working time.

 

(e)        Overtime worked in the circumstances specified in this subclause is not to be regarded as overtime for the purpose of 6.5.4, Rest Periods After Overtime, when the actual time worked is less than three hours on the call back or on each call back.

 

6.5.6     Standing By

 

Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold himself or herself in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee's ordinary rate of pay for the time he or she is standing by.

 

6.5.7     Saturday Work

 

A day worker required to work overtime on a Saturday shall be afforded at least four hours work or paid for four hours at the rate of time and one half for the first three hours and double time thereafter, except where the overtime is continuous with overtime commenced on the previous day.

 

6.5.8     Sunday Work

 

Employees required to work overtime on Sundays shall be paid for a minimum of three hours work at double time.  The double time is to be paid until the employee is relieved from duty.

 

6.5.9     Public Holiday Work

 

Refer to 7.7.2 to determine the pay entitlements of persons who work overtime on a public holiday.

 

6.5.10   Rest Break

 

(a)        An employee working overtime must be allowed a rest break of 30 minutes without deduction of pay after each four hours of overtime worked if the employee is to continue work after the rest break.

 

(b)        A day worker working overtime shall be allowed a meal break of thirty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such meal break. Provided that, where an employee in a five‑day week is required to work overtime on a Saturday, the first prescribed meal break, if occurring between 10.00 a.m. and 1.00 p.m., shall be paid for at ordinary rates.

 

(c)        Where overtime is to be worked immediately after the completion of ordinary work on a day or shift and the period of overtime is to be more than one and a half hours, an employee, before starting the overtime is entitled to a rest break of 30 minutes to be paid at ordinary rates.

 

(d)        An employer and employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this subclause.

 

6.5.11   Meal Allowance

 

An employee required to work beyond two hours after the usual finishing time of work shall be paid a meal allowance of $10.40 for the first and each subsequent meal, or be provided with an adequate meal where the employer has his/her own cooking and dining facilities.

 

6.5.12   Transport of Employees

 

When an employee, after having worked overtime or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with a conveyance home, or pay him/her their current wage for the time reasonably occupied in reaching home.

 

PART 7 – TYPES OF LEAVE AND PUBLIC HOLIDAYS

 

7.1.  Annual Leave

 

7.1.1     Period of Leave

 

A period of twenty-eight consecutive days’ leave shall be allowed annually to an employee after 12 months’ continuous service (less the period of annual leave), such period to include any absence from work on paid long service leave. Provided that by agreement between an employer and employee, annual leave may be taken at any time within a period of twelve months from the date at which it falls due and with less than four weeks notice to the employee.

 

7.1.2     Public Holidays Falling in a Period of Leave

 

The annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by subclause 7.7, Public Holidays, of this award, and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.

 

7.1.3     Leave to be Taken

 

The annual leave shall be given and taken in one or two continuous periods.  If the annual leave is given in two continuous periods then one of those two periods must be of at least twenty‑one consecutive days:  Provided that if the employer and an employee so agree then his/her annual leave entitlement may be given and taken in two separate periods neither of which is of at least twenty‑one consecutive days, or in three separate periods: Provided further that an employee may, with the consent of his/her employer, take short‑term annual leave, not exceeding four days in any calendar year, at a time or times separated from any of the periods determined in accordance with this subclause.

 

7.1.4     Proportionate Leave on Termination

 

If in any twelve monthly qualifying period an employee terminates his/her employment or has his/her employment terminated by his/her employer he/she shall be paid in addition to all other amounts due to him/her an amount equal to one‑twelfth of his/her ordinary pay for the completed part of the qualifying period.

 

7.1.5     Annual Close Down

 

Where an employer closes down his/her plant, or a section or sections thereof, for the purpose of allowing annual leave to all or the bulk of the employees in the plant, or section or sections concerned, the following provisions shall apply:

 

(i)         He/she may by giving not less than four weeks' notice of his/her intention so to do stand off for the duration of the close down all employees in the plant or section or sections concerned and allow to those who are not then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to subclause 7.1.1 of this clause, paid leave on a proportionate basis at the rate of wage equal to one‑twelfth of his/her ordinary pay earned during the current qualifying period.

 

(ii)        An employee who has then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to subclause 7.1.1 of this clause, and has also completed a further week or more of continuous service shall be allowed his leave, and shall also be paid an amount equal to one‑twelfth of his ordinary pay earned since the close of his last twelve monthly qualifying period.

 

(iii)       The next twelve‑monthly qualifying period for each employee affected by such close down shall commence from the day on which the plant, section or sections concerned is reopened for work: Provided that all time during which an employee is stood off without pay for the purpose of this subclause shall be deemed to be time of service in the next twelve‑monthly qualifying period.

 

(iv)       If in the first year of his/her service with an employer, an employee is allowed proportionate annual leave under paragraph (i) of this subclause, and subsequently within such year lawfully leaves his employment or his employment is terminated by the employer through no fault of the employee, he/she shall be entitled to the benefit of subclause 7.1.4 of this clause subject to adjustment for any proportionate leave which he may have been allowed as aforesaid.

 

(v)        An employer may close down his/her plant for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down his plant in two separate periods one of those periods shall be for a period of at least twenty‑one consecutive days: Provided that where the majority of employees concerned agree, an employer may close down the plant, work section or sections in one, two or three separate periods for the purpose of granting annual leave in accordance with this subclause.  Provided further that if an employer closes down his plant on more than one occasion, one of those periods shall be for a period of at least fourteen consecutive days including non‑working days.  In such cases, the employer shall advise the employees concerned of the proposed dates of each close down before asking them for their agreement.

 

(a)        An employer may close down his plant, or a section or sections thereof for a period of at least twenty‑one consecutive days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster: Provided that by agreement with the majority of employees concerned, an employer may close down his plant for a period of at least fourteen consecutive days including non‑working days and grant the balance of the annual leave due to an employee by mutual arrangement.

 

(b)       An employer may close down his/her plant, or a section or sections thereof for a period of less than twenty‑one consecutive days and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of employees in the plant, or a section or sections thereof respectively and before asking the employees concerned for the agreement the employer shall advise them of the proposed dates of the close down or close downs and the details of the annual leave roster.

 

7.1.6     Annual Leave Loading

 

During a period of annual leave an employee shall receive a loading calculated on the rate of wages he would have been entitled to receive had he/she not been on such leave.  The loading shall be as follows:

 

(i)         Day Workers ‑ An employee who would have worked on day work only had he not been on leave ‑ a loading of 17.5 per cent on the rate of wages he would have been entitled to receive.

 

(ii)        Shift Workers ‑ An employee who would have worked on shift work had he not been on leave ‑ a loading of 17.5 per cent on the rate of wages he would have been entitled to receive: Provided that where the employee would have received shift loading prescribed by clause 6.2, Special Provisions For Shiftworkers, had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17.5 per cent then the shift loadings shall be added to the rate of wage prescribed by Part 5, Rates of Pay, in lieu of the 17.5 per cent loading:  Provided further that if the shift loadings would have entitled him to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wage prescribed by clause 5.1, Classifications and Rates of Pay, in lieu of the shift loadings.

 

The loading prescribed by this subclause shall not apply to proportionate leave on termination.

 

7.2.  Long Service Leave

 

See Long Service Leave Act 1955.

 

7.3.  Sick Leave

 

7.3.1     Amount of Paid Sick Leave

 

An employee on weekly hiring who is absent from his/her work on account of personal illness, or on account of injury by accident arising out of and in the course of his/her employment, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(a)        An employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

 

(b)        He/she shall, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence inform the employer of his/her inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee shall inform the employer within 24 hours of such absence.

 

(c)        An employee shall prove to the satisfaction of his/her employer that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

(d)        First Year of Employment ‑an employee shall not be entitled during his/her first year of any period of service with an employer to leave in excess of five days of ordinary working time or in cases where he/she normally works more than 8 ordinary hours in any day, he/she shall not be entitled to leave in excess of 40 hours of ordinary working time.  Provided further that during the first five months of the first year of a period of service with an employer he/she shall be entitled to sick leave which shall accrue on a pro rata basis of one day of ordinary working time for each month of service completed with that employer to a maximum of 40 ordinary hours. On application by the employee during the sixth month of employment and subject to the availability of an unclaimed balance of sick leave the employee shall be paid for any sick leave taken during the first five months and in respect of which payment was not made.

 

(e)        Second or Subsequent Years of Employment ‑ an employee shall not be entitled during the second or subsequent year of any period of service with an employer to leave in excess of 8 days of ordinary working time or in excess of 64 hours of ordinary working time in the case of an employee who normally works more than 8 ordinary hours of any day.

 

7.3.2     Single Day Absences

 

In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such employee if in the year he/she has already been allowed paid sick leave on more than one occasion for one day only, shall not be entitled to payment for the day claimed unless he/she produces to the employer a certificate of a duly qualified medical practitioner that in his/her, the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or on account of injury by accident.  However, an employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or on account of injury by accident in lieu of a certificate of a duly qualified medical practitioner as prescribed by this subclause.

 

7.3.3     Accumulation of Sick Leave

 

Sick leave shall accumulate from year to year so that any balance of the period specified in 7.3.1 (d) and (e) of this clause which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.  Provided that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of twelve years but for no longer from the end of the year in which it accrues.

 

7.3.4     Attendance at Hospital, etc

 

Notwithstanding anything contained in 7.3.1 of this clause an employee suffering injury through an accident arising out of and in the course of his/her employment (not being an injury in respect of which he/she is entitled to workers' compensation) necessitating his/her attendance during working hours on a doctor, chemist or trained nurse, or at a hospital shall not suffer any deduction from his/her pay for the time (not exceeding four hours) so occupied on the day of the accident, and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.

 

7.3.5     Year of Service

 

Year of service for the purpose of this clause means the period between the date of commencement in employment in any year and the anniversary of the commencement of employment in the next year.

 

7.3.6     Broken Service

 

(a)        If an employee is terminated by his/her employer and is re‑engaged by the same employer within a period of six months then the employee's unclaimed balance of sick leave shall continue from the date of re‑engagement.

 

(b)        In such a case the employee's next year of service will commence after a total of twelve months has been served with that employer excluding the period of interruption in service from the date of the commencement of the previous period of employment on the anniversary of the commencement of the previous period of employment, as the case may be.

 

7.4.  Personal Carers Leave

 

7.4.1     Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph of 7.4.1(c) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 7.3 of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required,

 

(i)         establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(ii)        establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that persons relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

Note:  In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at Clause 3.2 should be followed.

 

7.4.2     Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 7.4.1(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

7.4.3     Use of Annual Leave

 

(a)        An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(d)        An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

7.4.4     Use of Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

7.4.5     Use of Make-up Time

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

7.4.6     Use of Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

7.4.7     Bereavement Leave

 

(a)        An employee, other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed for in 7.4.1(c), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(b)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave.  If required by the employer, the employee will provide to the satisfaction of the employer, proof of death.

 

(c)        An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(d)        Bereavement leave may be taken in conjunction with other leave available under 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.4.5 and 7.4.6.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(e)        Bereavement entitlements for casual employees

 

(i)         Subject to the evidentiary and notice requirements in 7.4.1(a) and 7.4.1(b) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in paragraph (c)(ii) of subclause 7.4.1 of 7.4, Personal/Carer's Leave.

 

(ii)        The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(iii)       An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

7.4.8     Personal Carers Entitlement for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 7.4.1(a) and 7.4.1(b) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in 7.4.1(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(b)        The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)        An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

7.5.  Jury Service

 

Summary

 

Full time and part time employees attending for jury service are entitled to have their pay made up to what they would have received for working ordinary time.  Employees must provide proof of attendance.

 

7.5.1     A full time employee required to attend for jury service during his or her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such jury service and the amount of wage he or she would have received in respect of the ordinary time he or she would have worked had he or she not been on jury service.

 

7.5.2     Where a part time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment shall be made to the employee in accordance with subclause 7.5.1.

 

7.5.3     An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

7.6.  Parental Leave

 

(1)        Refer to the Industrial Relations Act 1996 (NSW) The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(2)        An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)        the employee or employee's spouse is pregnant; or

 

(b)        the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)        Right to request

 

(a)        An employee entitled to parental leave may request the employer to allow the employee:

 

(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of parental leave on a part-time basis until the child reaches school age; to assist the employee in reconciling work and parental responsibilities.

 

(b)        The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)        Employee's request and the employer's decision to be in writing

 

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(4)        Communication during parental leave

 

(a)        Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)        provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)        The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)        The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

 

7.7.  Public Holidays

 

Summary

 

This clause describes an employee's (other than a casual employee) public holiday entitlements.

 

Full‑time employees are generally entitled to 11 specified public holidays per year without loss of pay.

 

Other days can be substituted for any of the specified days by agreement between the employer and employees.

 

7.7.1     Prescribed Holidays

 

(a)        A full‑time employee under this award is entitled to the following public holidays, without loss of pay:

 

New Year Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Monday

 

Anzac Day

 

Queen's Birthday

 

Labour Day or Eight Hours' Day

 

Christmas Day

 

Boxing Day

 

Where another day is generally observed in a locality in substitute for any of the above days, that day shall be observed as the public holiday in lieu of the prescribed day.

 

(b)        In addition to the public holidays prescribed in 7.7.1(a), full‑time employees are entitled to the Tuesday immediately following Easter Monday as an additional public holiday without loss of pay but if that Tuesday is a gazetted or Proclaimed Public Holiday then on another day mutually agreed between the employer and the employee.  The additional holiday is not cumulative and must be taken within each calendar year.

 

(c)        Part‑time Employees

 

Refer to 4.2.4(e) to determine the public holiday entitlements of part‑time employees.

 

(d)        Substitution of Public Holidays by Agreement at the Enterprise

 

(i)         By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.

 

(ii)        An employer and individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise.

 

(e)        In addition to the days described in 7.7.1(a) and (b),any special days appointed by gazettal as a public holiday throughout the State shall be deemed to be a public holiday for the purposes of this Award.

 

7.7.2     Payment for Time Worked on a Public Holiday

 

(a)        Payment for Time Worked by Continuous Shift Workers on a Public Holiday

 

(i)         Refer to 6.2.4(a) to determine the pay entitlements of continuous shift workers working on rostered shifts which fall on a public holiday.

 

(ii)        Continuous shift workers required to work overtime on a public holiday shall be paid at double time. Refer to 6.5.10 and 6.5.11 to determine the rest break and meal allowance entitlements of continuous shift workers who work overtime on a public holiday.

 

(iii)       Continuous shift workers required to work on a public holiday shall be paid for a minimum of four hours work.

 

(b)        Payment for Time Worked by Non‑continuous Shift Workers on a Public Holiday

 

(i)         Refer to 6.2.4(b) to determine the pay entitlements of non‑continuous shiftworkers working on rostered shifts which fall on a public holiday.

 

(ii)        Non‑continuous shift workers required to work overtime on a public holiday shall be paid at double time and one half. The double time and a half is to be paid until the employee is relieved from duty. Refer to 6.5.10 and 6.5.11 to determine the rest break and meal allowance entitlements of non‑continuous shift workers who work overtime on a public holiday.

 

(iii)       Non‑continuous shift workers required to work on a public holiday shall be paid for a minimum of four hours work.

 

(c)        Payment for Time Worked by Day Workers on a Public Holiday

 

(i)         Day workers required to work on a public holiday shall be paid for a minimum of four hours work at double time and one half. The double time and a half is to be paid until the employee is relieved from duty.

 

7.7.3     Effect on Payment for Holidays if Absent on Working Day Before or After

 

Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, he or she will not be entitled to payment for the holiday.

 

7.7.4     Rostered Day Off Falling on Public Holiday

 

(a)        Except as provided for in 7.7.4 (b), where a full‑time employee's ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled to, at the discretion of the employer, either:

 

7 hours and 36 minutes pay at ordinary rates; or

 

7 hours 36 minutes added to his or her annual leave; or

 

a substitute day off on an alternative week day.

 

This shall not apply where the rostered day off falls on a Saturday or a Sunday.

 

(b)

 

(i)         Where an employee has credited time accumulated (see 5.9.6), then such credited time should not be taken as a day off on a public holiday.

 

(ii)        If an employee is rostered to take credited time as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer shall allow the employee to take the time off on an alternative week day.

 

(iii)       Paragraphs (i) and (ii) above shall not apply in relation to days off which are specified in an employee's regular roster or pattern of ordinary hours. Paragraph 7.7.4 (a) shall apply in such circumstances.

 

7.7.5     Public Holidays Falling During a Period of Annual Leave

 

Refer to 7.1.2.

 

PART 8 - MISCELLANEOUS

 

8.1.  Clothing and Equipment

 

(i)         Where an Employee as a result of performing any duty required by the employer, and as a result of negligence of the employer, suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the employer shall be liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.

 

(ii)        An employee shall not be required to provide more than the following items of equipment - compasses, two set squares, protractor, a 12 inch scale (or metric equivalent) and a slide rule.

 

(iii)       Work in Abnormal Conditions: Where an employee is required to work in abnormal conditions as to temperature, height, dirt, oil wetness, danger and the like, such reasonable precautions shall be taken by the employer as may be necessary to facilitate the employee in carrying out his duties with a maximum of safety and such employee shall be provided with all special clothing required for any such abnormal conditions.

 

8.2.  Lockers

 

The employer shall provide each employee with a locker or drawer with a lock and key wherein the equipment ordinarily required for the performance of his/her duties may be kept, and the employer shall thereby be relieved of responsibility for loss of such equipment, except in the case of fire.

 

SCHEDULE A - CLASSIFICATION DEFINITIONS

 

1.1        Classification Structure

 

 

Trainer/Supervisor/Coordinator

 

Level I ‑ 122% of the highest rate paid to those supervised.

 

Level 2 ‑ 115% of the highest rate paid to those supervised.

 

1.2.  Classification Definitions

 

Note:  The following classification definitions should be read in conjunction with:

 

the stream and field definitions in subclause 1.4.1 and 1.4.2 respectively;

 

the definitions of "or equivalent", "work within the scope of this level" and "Engineering Associate" at the end of this Schedule;

 

the National Metal and Engineering Competency Standards Implementation Guide especially Table 2 of that Guide which shows the alignment between old and new titles under the Australian Qualifications Framework. For example Advanced Certificates are now known as National Diplomas and Associate Diplomas as National Advanced Diplomas.

 

Trainer/Supervisor/Coordinator ‑ Level I

 

A Trainer/Supervisor/Coordinator ‑ Level I is an employee who is responsible for the work of other employees and/or provision of structured on‑the‑job training. Such an employee has completed 9 modules of training in supervision and/or training.

 

Despite the above definition, an employee who has not completed the specified training or equivalent for this level may enter this classification consistent with 6.5.2 of the Implementation Guide until such times as competency standards for this level are finalised.

 

Trainer/Supervisor/Coordinator ‑ Level II

 

A Trainer/Supervisor/Coordinator ‑ Level II is an employee who is responsible for supervision and/or training of Trainers/Supervisors/Coordinators ‑ Level I. Such an employee has completed 15 modules of training in supervision and/or training.

 

Despite the above definition, an employee who has not completed the specified training or equivalent for this level may enter this classification consistent with 6.5.2 of the Implementation Guide until such times as competency standards for this level are finalised.

 

WAGE GROUP: C14

 

Engineering/Production Employee ‑ Level I

 

An Engineering/Production Employee ‑ Level I is an employee who is undertaking up to 38 hours induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.

 

An employee at this level performs routine duties essentially of a manual nature and to the level of his/her training:

 

(i)         performs general labouring and cleaning duties

 

(ii)        exercises minimal judgement

 

(ii)        works under direct supervision; or

 

(iv)       is undertaking structured training so as to enable them to work at the C13 level.

 

WAGE GROUP: C13

 

Engineering/Production Employee ‑ Level II

 

An Engineering/Production Employee ‑ Level II is an employee who has completed up to three months structured training so as to enable the employee to perform work within the scope of this level.

 

An employee at this level performs work above and beyond the skills of an employee at C14 and to the level of his/her skills, competence and training.

 

(i)         Works in accordance with standard operating procedures and established criteria;

 

(ii)        Works under direct supervision either individually or in a team environment;

 

(ii)        Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

 

(iv)       Understands and utilises basic statistical process control procedures;

 

(v)        Follows safe work practices and can report workplace hazards.

 

WAGE GROUP: C12

 

Engineering/Production Employee ‑ Level III

 

An Engineering/Production Employee ‑ Level III is an employee who has completed an Engineering Production Certificate I or equivalent so as to enable the employee to perform work within the scope of this level.

 

An employee at this level performs work above and beyond the skills of an employee at C13 and to the level of his/her skills, competence and training.

 

(i)         Is responsible for the quality of his/her own work subject to routine supervision;

 

(ii)        Works under routine supervision either individually or in a team environment;

 

(iii)       Exercises discretion within his/her level of skills and training;

 

(iv)       Assists in the provision of on the job training.

 

WAGE GROUP: C11

 

Engineering/Production Employee ‑ Level IV

 

An Engineering/Production Employee ‑ Level IV is an employee who has completed an Engineering Production Certificate II or equivalent so as to enable the employee to perform work within the scope of this level.

 

An employee at this level performs work above and beyond the skills of an employee at C12 and to the level of his/her skills, competence and training.

 

(i)         Works from complex instructions and procedures;

 

(ii)        Assists in the provision of on‑the‑job training;

 

(iii)       Co‑ordinates work in a team environment or works individually under general supervision;

 

(iv)       Is responsible for assuring the quality of his/her own work.

 

WAGE GROUP: C10

 

Engineering Tradesperson ‑ Level I

 

An Engineering Tradesperson ‑ Level I is an employee who holds a trade certificate or tradespersons rights certificate as an:

 

(i)         Engineering Tradesperson (Mechanical) ‑ Level I;

 

(ii)        Engineering Tradesperson (Fabrication) ‑ Level I;

 

(iii)       or equivalent

 

and is able to exercise the skills and knowledge of the engineering trade so as to enable the employee to perform work within the scope of this level.

 

An Engineering Tradesperson ‑ Level I works above and beyond an employee at C11 and to the level of his/her skills, competence and training.

 

(i)         Understands and applies quality control techniques;

 

(ii)        Exercises good interpersonal and communications skills;

 

(iii)       Exercises keyboard skills at a level higher than C11;

 

(iv)       Exercises discretion within the scope of this classification level;

 

(v)        Performs work under limited supervision either individually or in a team environment;

 

(vi)       Operates lifting equipment incidental to his/her work;

 

(vii)      Performs non‑trade tasks incidental to his/her work;

 

(viii)     Performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

 

(ix)       Able to inspect products and/or materials for conformity with established operational standards.

 

Production Systems Employee

 

A Production Systems Employee is an employee who, while still being primarily engaged in Engineering/Production work applies the skills acquired through the successful completion of a certificate III level qualification or equivalent in the production, distribution, or stores functions.

 

A Production Systems Employee is an employee who has completed an Engineering Production Certificate III or equivalent so as to enable the employee to perform work within the scope of this level.

 

A Production Systems Employee works above and beyond an employee at C11 and to the level of his/her skills, competence and training

 

(i)         Understands and applies quality control techniques;

 

(ii)        Exercises good interpersonal communications skills;

 

(iii)       Exercises discretion within the scope of this classification level;

 

(iv)       Exercise keyboard skills at a level higher than C11;

 

(v)        Performs work under limited supervision either individually or in a team environment;

 

(vi)       Able to inspect products and/or materials for conformity with established operational standards.

 

WAGE GROUP: C9

 

Engineering Tradesperson ‑ Level II

 

Engineering Technician ‑ Level I

 

An Engineering Tradesperson ‑ Level II is an:

 

(i)         Engineering Tradesperson (Mechanical) ‑ Level II; or

 

(ii)        Engineering Tradesperson (Fabrication) ‑ Level II:

 

who has completed the following training requirements:

 

(i)         Three appropriate modules in addition to the training requirements of C10 level; or

 

(ii)        Three appropriate modules towards a National Diploma; or

 

(iii)       Three appropriate modules towards an Advanced Diploma; or equivalent.

 

An Engineering Tradesperson ‑ Level II works above and beyond a tradesperson at C10 and to the level of his/her skills and competence and training performs work within the scope of this level.

 

(i)         Exercises discretion within the scope of this classification;

 

(ii)        Works under limited supervision either individually or in a team environment;

 

(iii)       Understands and implements quality control techniques;

 

(iv)       Provide trade guidance and assistance as part of a work team;

 

(v)        Operates lifting equipment incidental to his/her work;

 

(vi)       Performs non‑trade tasks incidental to his/her work.

 

Engineering Technician ‑ Level I

 

An Engineering Technician ‑ Level I is an employee who has the equivalent level of training of a C9 Engineering Tradesperson or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level I are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

 

At this level the employee is engaged on routine tasks in the technical fields.

 

WAGE GROUP: C8

 

Engineering Tradesperson ‑ Special Class Level I

 

Engineering Technician ‑ Level II

 

A Special Class Engineering Tradesperson ‑ Level I means a:

 

(i)         Special Class Engineering Tradesperson (Mechanical) ‑ Level I; or

 

(ii)        Special Class Engineering Tradesperson (Fabrication) ‑ Level I;

 

(iii)       Higher Engineering Tradesperson

 

who has completed the following training requirement:

 

(i)         Six appropriate modules in addition to the training requirements of C10 level; or

 

(ii)        Six appropriate modules towards a National Diploma; or

 

(iii)       Six appropriate modules towards an Advanced Diploma;

 

(iv)       a Higher Engineering Tradesperson apprenticeship; or equivalent.

 

An Engineering Tradesperson Special Class ‑ Level I works above and beyond a tradesperson at C9 and to the level of his/her skills, competence and training performs work within the scope of this level.

 

(i)         Provides trade guidance and assistance as part of a work team;

 

(ii)        Assists in the provision of training in conjunction with supervisors and trainers;

 

(iii)       Understands and implements quality control techniques;

 

(iv)       Works under limited supervision either individually or in a team environment;

 

(v)        Operates lifting equipment incidental to his/her work;

 

(vi)       Performs non‑trade tasks incidental to his/her work.

 

Engineering Technician ‑ Level II

 

An Engineering Technician ‑ Level II is an employee who has the equivalent level of training of a C8 Engineering Tradesperson Special Class ‑ Level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level II are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

 

At this level the employee is required to exercise judgment and skill in excess of that required at C9 under the supervision of technical or professional staff.

 

WAGE GROUP: C7

 

Engineering Tradesperson ‑ Special Class Level II

 

Engineering Technician ‑ Level III

 

A Special Class Engineering Tradesperson ‑ Level II means a:

 

(i)         Special Class Engineering Tradesperson (Mechanical) ‑ Level II; or

 

(ii)        Special Class Engineering Tradesperson (Fabrication) ‑ Level II.

 

who has completed the following training requirement:

 

(i)         Three appropriate modules in addition to the requirements of C8 level; or

 

(ii)        Nine appropriate modules towards an Advanced Certificate; or

 

(iii)       Nine appropriate modules towards an Associate Diploma;

 

(iv)       an AQF Level 4 National Certificate; or equivalent.

 

An Engineering Tradesperson ‑ Special Class Level II works above and beyond a tradesperson at C8 and to the level of his/her skills, competence and training performs work within the scope of this level.

 

(i)         Is able to provide trade guidance and assistance as part of a work team;

 

(ii)        Provides training in conjunction with supervisors and trainers;

 

(iii)       Understands and implements quality control techniques;

 

(iv)       Works under limited supervision either individually or in a team environment;

 

(v)        Operates lifting equipment incidental to his/her work;

 

(vi)       Performs non‑trade tasks incidental to his/her work.

 

NB:  The AQF 4 National Certificate referred to in this definition is not directly comparable with existing post‑trade qualifications and the possession of such qualifications does not itself justify classification of a tradesperson to this level.

 

Engineering Technician ‑ Level III

 

Engineering Technician ‑ Level III is an employee who has the equivalent level of training of a C7 ‑ Engineering Tradesperson Special Class Level II or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level III are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

 

At this level the employee is engaged in detail draughting and/or planning or technical duties requiring judgement and skill in excess of that required of a technician at C8 under the supervision of technical or professional staff;

 

WAGE GROUP: C6

 

Advanced Engineering Tradesperson ‑ Level I

 

Engineering Technician ‑ Level IV

 

An Advanced Engineering Tradesperson ‑ Level I means an:

 

(i)         Advanced Engineering Tradesperson (Mechanical) ‑ Level I; or

 

(ii)        Advanced Engineering Tradesperson (Fabrication) ‑ Level I who has completed:

 

12 appropriate modules of a National Diploma; or

 

12 appropriate modules of an Advanced Diploma; or equivalent.

 

An Advanced Engineering Tradesperson ‑ Level I works above and beyond a tradesperson at C7 and to the level of his/her skills, competence and training performs work within the scope of this level.

 

(i)         Undertakes quality control and work organisation at a level higher than for C7;

 

(ii)        Provides trade guidance and assistance as part of a work team;

 

(iii)       Assists in the provision of training to employees in conjunction with supervisors/trainers;

 

(iv)       Works under limited supervision either individually or in a team environment;

 

(v)        Prepares reports of a technical nature on specific tasks or assignments;

 

(vi)       Exercises broad discretion within the scope of this level;

 

(vii)      Operates lifting equipment incidental to his/her work;

 

(viii)     Performs non‑trade tasks incidental to his/her work.

 

Engineering Technician ‑ Level IV

 

An Engineering Technician ‑ Level IV is an employee who has the equivalent level of training of a C6 ‑ Advanced Engineering Tradesperson Level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level IV are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

 

At this level the employee is engaged in detail draughting and/or planning and/or technical duties requiring judgement and skill in excess of that required of a technician at C7 under the supervision of technical and/or professional staff

 

WAGE GROUP: C5

 

Advanced Engineering Tradesperson ‑ Level II

 

Engineering Technician ‑ Level V

 

An Advanced Engineering Tradesperson ‑ level II means an:

 

(i)         Advanced Engineering Tradesperson (Mechanical) ‑ Level II; or

 

(ii)        Advanced Engineering Tradesperson (Fabrication) ‑ Level II who has completed:

 

A National Diploma; or

 

15 modules or 2nd year part time of an Advanced Diploma; or Equivalent

 

An Advanced Engineering Tradesperson ‑ Level II works above and beyond a tradesperson at C6 and to the level of his/her skills, competence and training performs work within the scope of this level.

 

(i)         Provides technical guidance or assistance within the scope of this level;

 

(ii)        Prepares reports of a technical nature on tasks or assignments within the employee's skills and competence;

 

(iii)       Has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out his/her task;

 

(iv)       Assists in the provision of on‑the‑job training in conjunction with supervisors and trainers;

 

(v)        Operates lifting equipment incidental to his/her work; .

 

(vi)       Performs non‑trade tasks incidental to his/her work.

 

Engineering Technician ‑ Level V

 

An Engineering Technician ‑ Level V is an employee who has the equivalent level of training of a C5 ‑ Advanced Engineering Tradesperson Level II or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level V are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

 

At this level the employee is required to exercise judgment and skill in excess of that required at level C6.

 

WAGE GROUP: C4

 

Engineering Associate ‑ Level I

 

An Engineering Associate ‑ Level I means an employee who works above and beyond a technician at level C5 and has successfully completed third year part‑time (or 22 modules) of an Advanced Diploma or equivalent and is engaged in:

 

(i)         Making of major design drawings or graphics or performing technical duties in a specific field of engineering, laboratory or scientific practice such as research design, testing, manufacture, assembly, construction, operation, diagnostics and maintenance of equipment facilities or products, including computer software, quality processes, occupational health and safety and/or standards and plant and material security processes and like work; or

 

(ii)        Planning of operations and/or processes including the estimation of requirements of staffing, material cost and quantities and machinery requirements, purchasing materials or components, scheduling, work study, industrial engineering and/or materials handling process.

 

WAGE GROUP: C3

 

Engineering Associate ‑ Level II

 

An Engineering Associate ‑ Level II means an employee who works above and beyond an Engineering Associate at level C4 and has successfully completed an advanced diploma or the equivalent level of accredited training and is engaged in:

 

(i)         Performing draughting, or planning or technical duties which require the exercise of judgment and skill in excess of that required by an engineering associate at level C4; or

 

(ii)        Possesses the skills of an Engineering Associate ‑ Level I in a technical field and exercises additional skills in a different technical field as defined.

 

WAGE GROUP: C2(a)

 

Leading Technical Officer

 

Principal Engineering Trainer/Supervisor/Coordinator

 

Leading Technical Officer means an employee who works above and beyond an Engineering Associate ‑ Level II at level C3 and has successfully completed seven modules in addition to an advanced diploma or equivalent An employee at C2(a) is able to perform or coordinate work in more than one engineering, scientific or technical field as defined, or performs duties in a technical, engineering or scientific field which requires the exercise of judgement and/or skill in excess of that required of an Engineering Associate ‑ Level II.

 

Principal Engineering Trainer/Supervisor/Coordinator

 

Principal Engineering Trainer/Supervisor/Coordinator means a Trainer/Supervisor/Coordinator who has completed a National Advanced Diploma of which 15 modules are supervision/training modules or equivalent and who when engaged at this level:

 

(i)         Possesses a sound knowledge of occupational health and safety, industrial relations, and communications processes and is able to use this knowledge in training and leading the work of others;

 

(ii)        Possesses a general knowledge and awareness of the administrative, business, and marketing strategies of the enterprise;

 

Indicative of the tasks which an employee at this level may perform are as follows:

 

Plans, writes and delivers training programs for all engineering/production employees, apprentices, trainees, trade and lower technical levels;

 

Plans and directs the work of engineering/production employees especially in new work organisation environments, eg, group work arrangements, CIM production techniques.

 

WAGE GROUP: C2(b)

 

Principal Technical Officer

 

A Principal Technical Officer works above and beyond an employee at the C2a level and who has successfully completed fifteen modules of accredited training in addition to an advanced diploma or equivalent. Within organisational policy guidelines and objectives a principal technical officer:

 

(i)         Performs work requiring mature technical knowledge involving a high degree of autonomy, originality and independent judgement;

 

(ii)        Looks after and is responsible for projects and coordinating such projects with other areas of the organisation as required by the operation of the organisation;

 

(iii)       Is responsible for the coordination of general and specialist employees engaged in projects requiring complex and specialised knowledge;

 

(iv)       Plans and implements those programs necessary to achieve the objectives of a particular project;

 

(v)        In the performance of the above functions, applies knowledge and/or guidance relevant in any or all of the fields of designing, planning and technical work as required by the company's operation;

 

(vi)       Operates within broad statements of objectives without requiring detailed instructions; or

 

(i)         Performs work at the above level of skill in a particular technical field;

 

(ii)        Has as the overriding feature of his/her employment the ability to perform creative, original work of a highly complex and sophisticated nature;

 

(iii)       Provides specialised technical guidance to other employees performing work within the same technical field.

 

"Or equivalent"

 

Where it appears in these classification definitions, the phrase "or equivalent" means:

 

(i)         Any training which a registered provider (eg. TAFE), or by a State Recognition authority which has been recognised as equivalent to an accredited course which the Manufacturing Engineering and Related Services Industry Training Advisory Body (MERSITAB) recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications

 

OR

 

(ii)        Where competencies meet the requirements set out in the MERSITAB competency standards in accordance with the National Metal and Engineering Competency Standards Implementation Guide.

 

"Work within the scope of this level"

 

Where it appears in these classification definitions, the phrase "work within the scope of this level" means:

 

1.          For an employee who does not hold a qualification listed as a minimum training requirement, the employee shall apply skills within the enterprise selected in accordance with the Implementation Guide. Competencies selected must be MERSITAB competency standards.

 

2.          Where an employee has a qualification, subparagraph 5.1.3(c)(ii) of this Award should be followed.

 

Engineering Associate

 

Where it appears in these classification definitions, the phrase "Engineering Associate" is defined as a generic term which includes technical officers in a wide range of disciplines including laboratories and quality assurance; draughting officers; planners and other para‑professionals.

 

SCHEDULE B

 

Comparative schedule of old classifications and new broadbanded wage levels

 

Old Classification		New Classification Level
Tracer
Years of experience as such:
‑ first	12E
‑ thereafter	12B

 

Draughtsman ‑ detail

 

Planning assistant

 

Technical assistant

 

Years of experience as such:

 

‑ first	9D
‑ second and third	9A
‑ fourth	9A plus 2%
‑ thereafter	9A plus 7%

 

Draughtsman ‑ design

 

Production planner and technical officer

 

Technician

 

Years of experience:

 

‑ first	4B
‑ second	4A
‑ thereafter	4A plus 5%

 

Leading tracer, leading detail draughtsman, leading technical assistant, leading planning Trainer/assistant, leading draughtsman ‑ design, supervisor/leading technician, leading planning technician co‑ordinator leading technical officer, leading production-technical planner, leading design draughtsman.

 

SCHEDULE C

 

Industries and Callings

 

All persons employed as draughtsmen, tracers, technical officers, technical assistants, supervisors of engineering production and planners of engineering production, construction or maintenance work and trainees and cadets in any of the aforementioned occupations in the State, excluding the County of Yancowinna;

 

excepting employees of the Crown;

 

and excepting employees in or about metalliferous and limestone mines, in or in connection with mining for minerals, other than coal and shale, in or about diamond and gem-bearing mines, mining dredges, ore sluicing processes, ore smelting, refining treatment and reduction works;

 

 

 

And excepting also persons employed by ‑

 

The Australian Gas Light Company;

 

Newcastle Gas Company Limited;

 

The Hunter District Water Board;

 

The Water Board;

 

The Maritime Services Board;

 

The Water Resources Commission;

 

State Rail Authority of New South Wales;

 

State Transit Authority of New South Wales;

 

Roads and Traffic Authority of New South Wales;

 

South Maitland Railways Pty Ltd;

 

The United Dental Hospital of Sydney;

 

The Electricity Commission of New South Wales, trading as Pacific Power;

 

Southern Copper Pty Limited;

 

Sydney Electricity;

 

Metal Manufactures Limited;

 

Incitec Pty Limited

 

Austral Standard Cables Proprietary Limited, in and about the works of the said companies at Port Kembla.

 

and excepting also -

 

Persons employed in the coal mining industry; and

 

Persons employed by municipal, shire and county councils.

 

and excepting also employees within the jurisdiction of the following Conciliation Committees -

 

Iron and Steel Works Employees (Australian Iron and Steel Proprietary Limited);

 

Australian Wire Industries Pty Ltd - Newcastle Ropery;

 

Steel Works Employees (Broken Hill Proprietary Company Limited);

 

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);

 

John Lysaght (Australia) Limited Newcastle;

 

John Lysaght (Australia) Limited Port Kembla;

 

John Lysaght (Australia) Limited Unanderra;

 

Australian Wire Industries Pty Ltd - Sydney Wiremill;

 

Australian Wire Industries Pty Ltd - Newcastle Wiremill;

 

Cement Workers, &c. (State);

 

Tubemakers if Australia Limited, Yennora;

 

Tubemakers of Australia Limited, Newcastle;

 

Quarries (Australian Iron and Steel Pty Limited);

 

Quarries &c. (Broken Hill Proprietary Company Limited);

 

Colonial Sugar Refining Co. Limited (Concord Works);

 

Metalliferous Miners, &c. General (State);

 

Metalliferous Miners, &c. General (State) No 2;

 

Scientific officers, Chemists and Chemical Engineers (State);

 

University Employees, &c. (State);

 

Smelting, &c. (Electrolytic R. & S. Company, &c.);

 

Smelting (Sulphide Corporation Limited);

 

Australian Gas Light Company (Salaried Division);

 

Newcastle Gas Company Limited (Salaried Division);

 

AGL Sydney Limited (Wages Division);

 

Shortland County Council;

 

County Councils (Electricity Undertakings) Employees.

 

 

 

I. TABBAA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.