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New South Wales Industrial Relations Commission
(Industrial Gazette)





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Milk Treatment, &c., and Distribution (State) Award
  
Date04/11/2008
Volume365
Part2
Page No.515
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6443
CategoryAward
Award Code 476  
Date Posted04/10/2008

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(476)

(476)

SERIAL C6443

 

Milk Treatment, &c., and Distribution (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1544 of 2007)

 

Before Commissioner Bishop

16 January 2008

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         State Wage Case Adjustments

3.         Definitions

4.         Terms of Employment

5.         Hours

6.         Rates of Pay

7.         Promotion and Access to Training

8.         Shift Allowances

9.         Saturday and Sunday Shift Work

10.       Holidays

11.       Overtime

12.       Mixed Functions

13.       Employment of Assistants on Carts

14.       Booking

15.       Superannuation

16.       Redundancy

17.       Pay Day

18.       Protective Clothing

19.       Annual Leave

20.       Annual Holidays Loading

21.       Sick Leave

22.       Personal/Carer's Leave

23.       Bereavement Leave

23A     Parental Leave

24.       Long Service Leave

25.       References

26.       Jury Service

27.       Attendance at Repatriation Centres

28.       Anti-Discrimination

29.       Disputes Procedure

30        Secure Employment

31.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  State Wage Case Adjustments

 

(i)         The rates of pay in this award include the adjustments payable under the State Wage Case 2007. This adjustment may be offset against:

 

(a)        any equivalent over award payments, and/or

 

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

 

3.  Definitions

 

(i)         Milk carter shall mean an employee who ordinarily delivers milks or sells for cash to customers on any milk round from a cart, wagon, or any other description of vehicle, or conveyance, provided that such round consists of two or more customers daily, and who is in charge of such cart, wagon or other vehicle or conveyance and shall include an assistant of 21 years of age or over and, unless the context otherwise requires, a relief carter.

 

(ii)        Relief carter shall mean an employee who ordinarily acts as a carter upon any round in substitution for the usual carter but who may be called upon to inspect and to report upon the conditions of any round or the work of any carter.

 

(iii)       Casual employee shall mean an employee employed by the hour and paid by the hour.

 

(iv)       General relieving hand shall mean an employee doing the work of any other employee excepting milk carters on rounds whilst such employee is on holidays or is absent from work for any other cause.

 

(v)        Aseptic Plant Operator shall mean an employee responsible for the operation and cleaning of aseptic U.H.T. product fillers, general hygiene and sterility of U.H.T. packaging plant, sampling and examining U.H.T. packaged products and/or operation of U.H.T. sterilizing plant.

 

(vi)       Manufacturer's Gross Vehicle Mass (G.V.M.) shall mean the weight of a motor wagon and its load as specified by the manufacturer. It may be ascertained by reference to model specification plate attached to the vehicle or, failing this, reference to the N.S.W.  Road Transport Authority, the manufacturer of the motor wagon or his agent.

 

4.  Terms of Employment

 

(i)         The employment of employees, other than casual employees, shall be terminable by one week's notice given on any day by either side or by the payment or forfeiture of one week's wage in lieu of notice.

 

(ii)        Notwithstanding the provisions of subclause (i), of this clause, an employer may dismiss any employee without notice for malingering, neglect of duty, or misconduct, and in such cases wages shall be paid up to the time of dismissal only.

 

(iii)       Supervisors may assist where necessary in the production and distribution process, provided they do not do so in such a way as to take work from employees covered by the classifications appearing in clause 6, Rates of Pay, of this award.

 

(iv)       It is a term of this award that employees shall work reasonable overtime.

 

(v)        It is a term of this award that there shall be not demarcation within the areas of work covered by the classifications appearing in clause 6, Rates of Pay, of this award; that is, no restrictions on multi-skilling, relief, assistance, transfer within factory or establishment, operation of equipment and plant, etc.

 

(vi)       An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

 

5.  Hours

 

(i)         Day Workers

 

(a)        The ordinary hours of labour for all day workers shall be forty per week and shall not exceed eight hours on any day. Such hours shall be worked between the hours of 6 a.m. and 5 p.m., Monday to Friday, inclusive.

 

(b)        A meal break of not less than one-half hour, nor more than one hour shall be given to all day workers within five (5) hours of commencing work provided that, in lieu thereof, a paid crib break totalling twenty (20) minutes may be given.

 

(ii)        Shift Workers

 

(a)        The ordinary hours of labour shall not exceed eight (8) hours in any consecutive twenty-four (24) hours, nor forty (40) hours in any one week.  Such hours shall be worked on not more than five (5) days in any one week.

 

(b)        Each shift worker shall be allowed twenty (20) minutes paid crib break during each shift worked; provided that a day shift employee may also be given a meal break of 30 minutes which shall not be counted as time worked.

 

(iii)       Starting Times

 

(a)

 

(1)        Each employer shall fix a regular starting time or times for all employees. Such starting times and meal and other breaks may be staggered for different employees to facilitate the continuous running of plant and equipment.

 

(2)        In the case of day workers, not more than one regular starting time shall be fixed in any one week for any employee.

 

(3)        In the case of shift workers, not more than three regular starting times may be fixed in any one week for any employee.

 

(4)        The employer shall notify the time or times so fixed by a notice, legibly written which shall be exhibited and shall be kept exhibited in some place accessible to the employees concerned.

 

(5)        An employee's regular starting time/or times shall not be changed by the employer unless a week's notice has been given to the employee in writing or is exhibited as aforesaid (except in the case of those employees classified as relief hands).

 

(b)        Milk carters, milk carters' assistants, and assistants on carts shall not enter premises, where they obtain milk for delivery before 1.00 a.m. Milk carters, milk carters' assistants and assistants on carts shall not commence the delivery of milk to any person before the time fixed by the Milk Board, from time to time as the earliest times for the delivery of milk.

 

(c)        Except in cases of emergency, employees shall not be required to restart work after the completion of a shift until after the expiration of eight (8) hours.

 

(iv)       Extended Shifts

 

Notwithstanding anything contained in this clause, by agreement between an employer, the union and the majority of employees in the depot or plant or work sections concerned, ordinary hours exceeding eight hours to a maximum of twelve hours may be worked, at the conditions to be agreed, subject to:

 

(a)        proper health and safety monitoring procedures being introduced;

 

(b)        suitable roster arrangements being made; and

 

(c)        proper supervision being provided.

 

6.  Rates of Pay

 

(i)         Adult Employees

 

The minimum rates of pay for any classification shall be as set out in Table 1 - Wages, of Part B, Monetary Rates, subject to the other provisions of the award.

 

NOTE:  For the purpose of computing wages, overtime, etc., the additional amounts referred to in this clause form part of the said award rate of pay for the work performed. Articulated Vehicles, etc. - Drivers of scammels, semi-articulated vehicles or drivers of vehicles with a trailer attached shall, in addition to the ordinary classified rate of pay, be paid an amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B.

 

(ii)        Production Section Classification Definitions

 

Production Assistant

 

An employee appointed by the employer to this grade shall be required to perform any one or more of the functions within this grade:

 

(a)        General hand;

 

(b)        Loader, unloader;

 

(c)        Can washer;

 

(d)        By-products assistant;

 

(e)        Vat washer;

 

(f)         Trailer washer;

 

(g)        Milk receiver;

 

(h)        Bottle checker;

 

(i)         General relieving hand;

 

(j)         Weigher and measurer.

 

Plant Operator, Grade 1

 

An employee appointed by the employer to this grade shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Production Assistant.

 

(a)        Pasteuriser Operator (in training).

 

(b)        Tally, Record and Despatch Hand (Plants and Depots).

 

(c)        Automatic Intake Plant Operator responsible for ingredient intake and load out, completing log sheets, sampling and CIP of tankers and lines.

 

(d)        Automatic Processing Plant Operator responsible for weighing, addition and recording of ingredients and cleaning.

 

(e)        Automatic Packaging Plant Operator responsible for basic line set-up and operation, ordering materials, weight checking, correct product codes, package integrity, packaging according to schedule and cleaning.

 

(f)         Automatic In-Place Cleaning Operator responsible for basic CIP set-up and operation, completing cleaning log sheets and cleaning according to schedule.

 

Plant Operator, Grade 2

 

An employee appointed by the employer to this grade shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Plant Operator Grade 1 and Production Assistant.

 

(a)        Pasteuriser Operator (certificated) responsible for set-up and operation of pasteuriser(s) and associated equipment, completing log sheets and cleaning.

 

(b)        Tally, Record and Despatch Hand (Plants and Depots) responsible for routine daily computer input or depot ordering.

 

(c)        Automatic Intake Plant Operator responsible for raw ingredient intake and load-out, completing log sheets, sampling, CIP of tankers and lines, basic quality testing (temperature, taste, smell, appearance), milkoscan analysis, monitoring schedules and cleanliness.

 

(d)        Automatic Processing Plant Operator responsible for weighing, addition and recording of ingredients, cleaning, sampling, basic quality testing (temperature, taste, appearance, pH testing), completing log sheets, co- ordination with processing and packaging product requirements.

 

(e)        Automatic Packaging Plant Operator responsible for basic line set-up and operation, ordering materials, weight checking, correct product codes, package integrity, packaging according to schedule, cleaning, basic quality checking and recording (dye testing, appearance, taste, cap and bottle checking) and co-ordination of line staff (meal breaks).

 

(f)         Automatic In-place Cleaning Operator responsible for basic CIP set-up and operation, completing cleaning log sheets, cleaning according to schedule, monitoring chemical stocks and checking strength of CIP solutions.

 

(g)        Laboratory Operator

 

Plant Operator, Grade 3

 

An employee appointed by the employer to this grade shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Plant Operator Grade 2, Plant Operator Grade 1 and Production Assistant:

 

(a)        Control Room Operator responsible for co-ordinating product processing, ensuring ingredients and products are available to meet production schedules, liaising with laboratory on product formulations and approvals.

 

(b)        Aseptic Plant Operator.

 

(c)        ERCA Operator.

 

(d)        Pasteuriser Operator (certificated) responsible for chemical analysis of raw and processed product.

 

(e)        Tally, Record and Despatch Hand (depots) responsible for routine daily computer input, computer banking, computer stock control, depot rostering and depot ordering.

 

(f)         Laboratory operator responsible for regularly performing at least one-half of the laboratory's operations or operating a Bactoscan or similarly complex equipment.

 

(iii)       Junior Employees

 

The minimum rates of pay for any classification shall be as prescribed in Table 1 - Wages.

 

(a)        The minimum rate of wages for milk carters' assistants and juniors on carts shall be as set out in Table 1.

 

(b)        The minimum rate of wages for an employee washing and filling bottles and all work in connection therewith and a junior laboratory employee shall be as set out in Table 1.

 

(c)        A junior required to perform any other duties for which a classification is provided in subclause (i) of this clause shall be paid the weekly rate of pay prescribed for such class of work.

 

(iv)       Leading Hands

 

Employees employed as leading hands shall, in addition to the appropriate rates of pay, be paid an allowance as set out in Item 2 of Table 2.

 

(v)        Charge Hands

 

An employee required to take charge of a depot for 2 hours or more on any day shall be paid as set out in Item 3 of Table 2, in addition to his/her ordinary rate of pay.

 

(vi)       Casual Employees

 

(a)        For all ordinary time worked on any one day, except Sundays and public holidays, a casual employee, as defined, shall be paid at an hourly rate ascertained by dividing by 40 the weekly rate prescribed for an employee of the classification in which the employee works, plus 25 per cent.

 

(b)        For all ordinary time worked on a Sunday, a casual employee shall be paid at an hourly rate ascertained by dividing by 40 the weekly rate for the classification in which the employee  is employed, plus 100 per cent.

 

(c)        For all time worked by a casual employee on a public holiday, the hourly rate shall be ascertained by dividing by 40 the weekly rate for the classification in which the employee is employed, plus 150 per cent.

 

(d)        Casual employees shall be guaranteed four hours of pay at the casual rate for each start.

 

(e)        All time worked by a casual which is in excess of eight ordinary hours in any one day or in excess of forty ordinary hours in any one week, shall be overtime and paid at the rate of time and one-half for the first two hours and double time thereafter.  Provided that the overtime rate on a Sunday shall be that provided in paragraph (b) of this subclause and the overtime rate for a public holiday shall be that provided in paragraph (c) of this subclause.

 

(vii)      First-Aid Allowance

 

An employee required to carry out first-aid duties shall be paid an additional allowance as set out in Item 4 of Table 2.

 

(viii)     Forklift drivers engaged in the loading and/or unloading of trailers shall be paid a loading as set out in Item 5 of Table 2.

 

(ix)       Vendor Vehicles

 

Any employee in a Production Section classification required to move vendors’ vehicles on any day shall be paid a flat amount as set out in Item 6 of Table 2, in addition to the employee’s ordinary rate of pay.

 

(x)        Any employee in a Production Section classification who possesses a T.A.F.E. Advanced Certificate or Associate Diploma shall be paid an additional allowance as set out in Item 7 of Table 2.

 

(xi)       Employees of Australian Co-operative Foods Limited required to work in Cargon Vendor Distribution Depots shall be paid an allowance as set out in Item 8 of Table 2 when required to work in cold temperatures between - 1 degree C (30 degrees F) and 7 degrees C.

 

(xii)      Employees of Australian Co-operative Foods Limited required to perform their entire shift within a fully enclosed refrigerated warehouse or fully enclosed refrigerated distribution depot, where temperatures are artificially reduced to below 5 degrees Celsius shall be paid an allowance as set out in Item 9 of Table 2, for each hour worked when so employed.

 

7.  Promotion and Access to Training

 

(i)         Promotion and access to training shall be offered on the basis of an assessment of ability by the employer, provided that in the case of equal ability, as determined by the employer, seniority shall apply.

 

(ii)        Employees may be temporarily transferred for the purposes of training. Where this requires extra travelling the employee shall be reimbursed for all extra fares and shall be paid at ordinary- time rates for all extra travelling time.

 

8.  Shift Allowances

 

(i)         All employees working morning, day, afternoon or night shifts, as defined in this clause, shall be paid the following additional shift allowances:

 

(a)        Morning Shift - the amount set out in Item 10(a) of Table 2 per shift.

 

(b)        Afternoon Shift - the amount set out in Item 10(b) of Table 2 per shift.

 

(c)        Night Shift - the amount set out in Item 10(c) of Table 2 per shift

 

(d)        Permanent afternoon shift or permanent night shift - the amount set out in Item 10(d) of Table 2 per shift extra.

 

(ii)        For the purposes of this clause:

 

(a)        Morning shift shall mean a shift finishing after 9 a.m. at or before 2 p.m.

 

(b)        Day shift shall mean a shift commencing at or after 6 a.m. and finishing at or before 5 p.m.

 

(c)        Afternoon shift shall mean a shift finishing after 6.00 p.m. and at or before midnight.

 

(d)        Night shift shall mean a shift finishing subsequent to midnight and at or before 9.00 a.m.

 

(iii)       An ordinary shift or part thereof may be worked on a Saturday or a Sunday or any of the holidays mentioned in clause 10, Holidays, of this award, subject to the provisions for extra payment hereinafter contained; provided that such extra payment shall be in substitution for and not cumulative upon the shift allowances provided in subclause (i) of this clause.

 

9.  Saturday and Sunday Shift Work

 

(i)         Rostered shift workers working on ordinary shift on a Saturday shall be paid at the rate of time and one-half; provided that all time in excess of eight (8) hours shall be paid at overtime rates.

 

(ii)        Rostered shift workers working an ordinary shift on a Sunday shall be paid at the rate of time and three-quarters; provided that all time in excess of eight (8) hours shall be paid for at double time.

 

10.  Holidays

 

(i)         The following days shall be holidays and shall be paid for even though not worked, viz., New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour or Labour Day, Christmas Day, Boxing Day, and the picnic day of the Transport Workers' Union of Australia, New South Wales Branch, which shall be the second Wednesday in the month of May in each year, together with such other days as hereafter may be proclaimed as public holidays for the State.

 

(ii)        All time worked on any of the holidays prescribed by subclause (i), of this clause, shall be paid for at the rate of time and one-half with a minimum payment of eight (8) hours; provided that the rate for 25 December shall be double time.

 

(iii)       For all time worked on any of the holidays prescribed by subclause (i) of this clause, an employee shall be allowed equivalent time off work with a minimum of eight (8) hours on full pay. Such time off shall be given by the employer within three months after the work is performed. Where practicable an employee shall be given at least forty-eight hours' notice of the day or days upon which time off is to be taken. By mutual arrangement between the employer and the employee such time off may be added to the annual leave due to the employee and shall be paid for at ordinary rates.

 

(iv)       One day shall be added to the annual leave period of an employee whose rostered day off in any week falls on any of the holidays prescribed by subclause (i), of this clause, and who is not required to work on that day.

 

(v)        Where the employment of a worker has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday with respect to a period of employment the employee also shall be entitled to an additional payment for each day which has accrued to the employee under this clause at the employee’s ordinary rate of pay.

 

(vi)       An employee may elect to accept payment in lieu of the additional annual leave as provided for in subclause (iii) of this clause.  Such election must be made at the commencement of the employment or at the beginning of any holiday year. An election once having been made shall not be changed within twelve months except through unforeseen circumstances.

 

11.  Overtime

 

(i)         Overtime Rate

 

(a)        Except as provided for in clause 9, Saturday and Sunday Shift Work, and 10, Holidays, of this award, all time worked in excess of eight hours in any one day or in excess of forty hours in any one week or before the fixed starting time or after the fixed finishing time, shall be paid for at the rate of time and one-half for the first two (2) hours and double time thereafter on any day or shift.

 

(b)        An employee required to work overtime on a rostered day off, shall receive a minimum payment of four (4) hours at the appropriate rate.

 

(ii)        Meal Allowance

 

(a)        An employee who is called upon to work overtime for 2 hours or more shall be allowed not less than thirty (30) minutes for a meal break or twenty (20) minutes for a crib in the case of a shift worker, which shall be taken immediately after the normal ceasing time.

 

(b)        An employee who has not been notified on the immediately preceding working day that the employee shall be required to work overtime on any day for more than 2 hours shall be provided with a meal by the employer or in lieu thereof shall be paid the sum set out in Item 11 of Table 2. An employee who has provided himself/herself with a meal after having been so notified and who then is not required to work after the normal ceasing time shall be paid the sum as set out in Item 11 of Table 2.  A meal need not be provided under this clause nor need payment be made in lieu thereof if the employee is permitted to return to his/her home for a meal in question and the employee reasonably can do so.

 

(iii)       Recall

 

An employee recalled for work shall be guaranteed and shall be paid for at the least four (4) hours' work for each start at the appropriate rates of pay. This clause shall also apply to an employee called upon to work before the employee’s normal starting time, and whose overtime work does not continue up to such starting time.

 

12.  Mixed Functions

 

(i)         An employee employed for two (2) hours or more of the employee’s time on any one day or shift upon any classification other than that on which the employee regularly is employed and for which a higher rate of pay is provided shall receive such higher rate of pay for the whole of that day or shift.

 

(ii)        If so employed for less than two (2) hours of the employee’s time on any day or shift in any such classification the employee shall receive such higher rate of pay whilst so employed.

 

(iii)       An employee who is required to perform work on any one day or shift for which a lower rate of wage than that of the employee’s ordinary classification is prescribed shall suffer no reduction in pay in consequence of that requirement.

 

13.  Employment of Assistants on Carts

 

No milk carter or relief milk carter shall employ any person to assist them in their duties either with or without pay nor shall they allow any person to assist them unless the person is paid by his/her employer.  An employer knowingly shall not permit any milk carter or relief carter employed by them to employ or to allow any person to assist them in the performance of their duties other than a person employed and paid by the employer.

 

14.  Booking

 

All booking of deliveries, sale and collection of tokens, obtaining corrected bills, arranging bills, payment in of moneys by employees and any work in connection therewith shall be deemed to be work and shall be paid for as such. Reasonable facilities shall be provided by the employer to permit such work being performed on the employer's premises. Employees shall be furnished within one week, with full and proper particulars of the amount alleged by the employer to be short.

 

15.  Superannuation

 

See the Transport Industry (State) Superannuation Award (No.2), (328 I.G. 1056).

 

16.  Redundancy

 

See the Transport Industry - Redundancy (State) Award, 318 IG 458.

 

17.  Pay Day

 

(i)         Every employee shall be paid in cash or, where the employee agrees, by cheque or electronic funds transfer, provided that the employer may require all employees in a depot or plant to be paid by cheque or by electronic funds transfer after a majority of employees in the depot or plant are being paid by cheque or electronic funds transfer, and provided further that all new employees may be paid by electronic funds transfer.

 

(ii)        Immediately upon lawful termination of employment, except in the case of dismissal outside office hours, an employee, unless otherwise mutually agreed upon, shall be paid all wages including holiday pay, due to the employee. In the case of dismissal outside office hours wages due to the dismissed employee shall be available to the employee on the first office working day following his/her dismissal.

 

(iii)       An employee whose weekly days off fall on a pay day shall, where practicable, be paid the employee’s wages, if the employee so desires, prior to going off duty on the day previous to the employee’s day off. Provided that where it is not practicable to make such payment, the employer shall notify the union.

 

18.  Protective Clothing

 

(i)         Employees who necessarily are exposed to wet conditions in carrying out their work shall be provided with protective clothing including rubber boots or rubber shoes or such other footwear as may be agreed between the employer and the employee.

 

(ii)        Wet weather clothing shall be made available to employees at their request, where they are required to pick up and/or deliver milk and/or perform other duties in the open.

 

(iii)       Where an employee is required to wear a uniform, it shall be provided by the employer. The uniform shall be laundered at the employer's expense or, alternatively, the employee paid a laundry allowance of as set out in Item 12 of Table 2 of this award.

 

19.  Annual Leave

 

(i)         See Annual Holidays Act 1944.

 

(ii)        Provided that where a shift worker enters on a period of annual leave the employee shall receive in addition to the employee’s holiday pay calculated in accordance with the Act such shift allowance pursuant to clause 8 - Shift Allowances, for ordinary shifts which the employee would have worked according to the shift roster if the employee had not been on annual holiday but excluding penalty rates prescribed by clause 10, Holidays, for ordinary time the shift worker would have worked on any of the holidays prescribed by the clause which occur during the annual holiday and which the shift worker would have worked if the shift worker had not been on annual holiday.

 

(iii)       Where a worker covered by clause 9, Saturday and Sunday Shift Work, enters upon a period of annual leave the employee shall receive, in addition to the employee’s holiday pay calculated in accordance with the said Act, such penalties pursuant to clause 9, which the employee would have received according to the employee’s normal working roster if the employee had not been on annual holiday.

 

20.  Annual Holiday Loading

 

(i)         In this clause the Annual Holidays Act 1944, is referred to as "the Act".

 

(ii)        Before an employee is given and takes their annual holiday, or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period the employer shall pay the employee a loading determined in accordance with this clause. (NOTE The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vii)).

 

(iii)       The loading is payable in addition to the pay for the period of holidays given and taken and due to the employee under the Act and this award.

 

(iv)       The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), or where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(v)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (v) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual holiday, together with, where applicable, the additional sums prescribed by clause 6, Rates of Pay, of this award but shall not include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance, provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause applying the award rates of wages payable on that day.

 

(vii)      Where, in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned -

 

(a)        an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this clause;

 

(b)        an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to the employee under the Act such proportion of the loading that would have been payable to the employee under this clause if the employee had become entitled to an annual holiday prior to the closedown as the employee’s qualifying period of employment in completed weeks bears to 52.

 

(viii)

 

(a)        When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled, the employee shall be paid a loading calculated in accordance with subclause (vi) for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment.

 

(ix)       This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday, provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

21.  Sick Leave

 

(i)         An employee with not less than three months' continuous service, who is absent from work by reason of personal illness or injury not being illness or injury arising from the employee's misconduct or default or from an injury arising out of or in the course of the employee’s employment, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(a)        the employee shall, within twenty-four hours of the commencement of such absence, inform the employer of the employee’s inability to attend for duty, and as far as practicable, state the nature of the illness or injury and the estimated duration of the absence;

 

(b)        the employee shall furnish to the employer such evidence as the employer reasonably may desire that the employee  was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

(c)        the employee shall not be entitled in any year (as defined), whether in the employ of one employer or several in the aforesaid industry in such year, to leave in excess of forty hours of ordinary working time.  Provided that:

 

(1)        if the employee’s employment continues with the one employer after the first year, the employee’s sick leave entitlement shall increase to a maximum of eighty hours of ordinary working time at which figure it shall remain for each subsequent year of continued employment;

 

(2)        if the employment of an employee who has become entitled to leave in accordance with provision (1) above is terminated for any reason, the employee shall not be entitled in the employ of any employer in the industry, in that year, to leave in excess of forty hours of ordinary working time.

 

(ii)        For the purpose of administering paragraph (c) of subclause (i) of this clause, an employer may, within two weeks of an employee entering the employee’s employment, require an employee to make a statutory declaration or other written statement of the names of the employee’s employers in the immediate preceding twelve months and the paid leave of absence on account of illness or injury the employee has had from any of those employers during the said period of twelve months and upon such statement the employer shall be entitled to rely and act.

 

(iii)       The rights under this clause shall accumulate from year to year so long as the employment continues with the employer, so that any part of the sick leave entitlement which has not been taken by the employee may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of continued employment.

 

(iv)       For the purpose of this clause continuous service shall be deemed not to have been broken by:

 

(a)        any absence from work on leave granted by the employer; or

 

(b)        any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall, in each case, be upon the employee.

 

(v)        Year shall mean from 1 July to 30 June, in the next following year.

 

22.  Personal/Carer's Leave

 

(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 22(1)(c)(ii) 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 21, Sick Leave 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,

 

(1)        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

 

(2)        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 subparagraph:

 

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 person's 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 29, Dispute Procedure, should be followed

 

(2)        Unpaid Leave for Family Purpose

 

(a)        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 22(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency

 

(3)        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, 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

 

(4)        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.

 

(5)        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 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.

 

(6)        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 member 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)        Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 22(1)(b) and 22(1)(d) 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 subclause 22(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.

 

(2)        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.

 

(3)        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.

 

23.  Bereavement Leave

 

(i)         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 in Australia as prescribed in subclause (iii) of this clause.  Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to two days bereavement leave where the employee travel outside to attend the funeral.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of Clause 22, Personal/Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       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.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclause (2), (3), (4), (5) and (6) of the said Clause 22.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vi)       Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 23(ii) 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 subclause 22(1)(c)(ii) of clause 22, Personal/Carer's Leave.

 

(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 engage a casual employee are otherwise not affected.

 

23A.  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).

 

24.  Long Service Leave

 

See Long Service Leave Act 1955.

 

25.  References

 

Each employer shall, if so requested, give to any employee on leaving his/her employment, a written certificate stating the length of time the employee had been in his/her employment.

 

26.  Jury Service

 

(i)         An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect to the employee's attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had they not been on jury service.

 

(ii)        An employee shall notify the employer as soon as possible of the date upon which the employee 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.

 

27.  Attendance at Repatriation Centres

 

Employees, being ex-service personnel, shall be allowed as time worked lost time incurred whilst attending repatriation centres dor medical examination and/or treatment, provided that:

 

(a)        such lost time does not exceed four hours on each occasion;

 

(b)        payment shall be limited to the difference between ordinary wage rated from time lost and any payment received from the Repatriation Department as a result of each such visit;

 

(c)        the provisions of this subclause will apply to a maximum of four such attendances in any year of service with an employer;

 

(d)        the employee produces evidence satisfactory to the employer that he is required to and subsequently does attend a repatriation centre.

 

28.  Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object of in section 3(f) of the Industrial Relations Act 1996 (NSW), to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

(iii)       Under the Anti-Discrimination Act 1977 (NSW), 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.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon by 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."

 

29.  Dispute Procedure

 

(i)         Disputes Procedure

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by the union for the purposes of each procedure.

 

(ii)        Grievance Procedure

 

(a)        The employee is required to notify the employer (in writing or otherwise) as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by the union.

 

30.  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)(ii), 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 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.

 

31.  Area, Incidence and Duration

 

(i)         This award was published 5 July 1978 and reprinted 15 May 1985 (237 IG 669).  The award took effect from the beginning of the first full pay period to commence on or after 26 October 1977 and remains in force, as varied, the nominal term of the award having already expired on 25 October 1978.

 

(ii)        This award shall apply to all employees employed in any of the classifications named in clause 6, Rates of Pay, of this award, within the jurisdiction of the Milk Treatment, &c., and Distribution (State) Industrial Committee, excepting any workers of the above classes who are employees of dairymen if such dairymen themselves, produce, from their own cows, at least 70 per cent or more of milk they sell and that milk, unpasteurised on rounds, within the jurisdiction of the Milk Treatment &c., and Distribution (State) Conciliation Committee. In calculating the percentage of milk produced by dairymen for sale the average daily production during the period of three months immediately prior to the date when the calculation is made shall be taken.

 

(iii)       This award was reviewed on 15 August 2001 (329 I.G. 1084) and further reviewed on 1 November 2004 (352 I.G. 104) and changes were made to the award flowing from those reviews.

 

(iv)       This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Milk Treatment, &c., and Distribution (State) Award published 30 November 2001 (329 I.G. 1084), 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 16 January 2008.

 

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

 

MILK TREATMENT, &C., AND DISTRIBUTION (STATE) INDUSTRIAL COMMITTEE

 

Industries and Callings

 

All employees of Australian Co-operative Foods Limited; Perfection Dairy Pty Limited; Petersville Ltd, United Dairies Pty Limited, and Nepean Dairies Pty Ltd and milk carters, relief milk carters, milkers, ice cream carters, general relieving hands, drivers of horses and motor wagons, special delivery carters, carters of milk in bulk, employees engaged in the collection of bulk milk and/or cream at farms who are required to grade milk before collection, brakesmen and extra hands, milk weighers, receivers, measurers, pasteurisers, tasters milk testers, butter room employees (other than those engaged in the manufacture of butter), washers of cans and tanks, can and tank room employees, feed house employees, grooms, stablemen, yardmen, useful hands, and all assistants in such work employed by dairymen and/or milk vendors and/or others engaged in the distribution of milk and/or ice and/or ice cream in the State, excluding the County of Yancowinna;

 

Excepting

 

Employees within the jurisdiction of the Clerks (State) Industrial Committee;

 

Employees within the jurisdiction of Retail Employees (State) Industrial Committee;

 

Employees within the jurisdiction of the Butter, &c., Factory Employees (State) Industrial Committee;

 

Employees of milk vendors when such employees are engaged solely as shop assistants;

 

All employees engaged in rural industries within the meaning of section 5(4) of the Industrial Relations Act 1991;

 

Employees of general carriers and contract carriers when such employees are engaged in the carting of ice cream and/or milk;

 

Employees within the jurisdiction of the Butter, &c., Factory Employees (Newcastle and Northern) Industrial Committee;

 

Employees covered by Industrial Agreement No. 2902 and any agreement made replacing the said agreement.

 

PART B

 

MONETARY RATES

 

TABLE 1 - WAGES

Classification

Former Rate

SWC 2007

Total Rate

 

Per Week

 

Per Week

 

 

 

Date to take

 

 

 

Effect:

 

 

 

29.11.07

 

$

$

$

Division A: Production Section

 

 

 

Production Assistant

$542.90

20.00

$562.90

Plant Operator Grade 1

$552.40

20.00

$572.40

Plant Operator Grade 2

$565.50

20.00

$585.50

Plant operator Grade 3

$584.70

20.00

$604.70

Division B: Transport Section

 

 

 

Milk Carter on rounds

$581.20

20.00

$601.20

Relief milk carter

$583.70

20.00

$603.70

Relief motor wagon driver

$590.90

20.00

$610.90

Fork lift driver

$581.10

20.00

$601.10

Tanker driver- 15,911 litres capacity or more

$611.40

20.00

$631.40

Tanker driver grader:

 

 

 

Under 15,911 litres capacity

$599.40

20.00

$619.40

From 15,911 litres capacity

$614.30

20.00

$634.30

Drivers of motor wagons having a manufacturer’s gross

 

 

 

vehicle mass in tonnes:

 

 

 

Up to 13,948

$590.60

20.00

$610.60

Over 13,948 and up to 15,468

$592.40

20.00

$612.40

Over 15,468 and up to 16,919

$593.50

20.00

$613.50

Over 16,919 and up to 18,371

$596.50

20.00

$616.50

Over 18,371 and up to 19,731

$598.00

20.00

$618.00

Over 19,731 and up to 21,092

$598.90

20.00

$618.90

Over 21,092 and up to 22,453

$600.90

20.00

$620.90

The minimum rate of wages for milk carters’ assistants

Former Rate

(+4%, SWC

Total Rate

and boys on carts:

per week

2007)

per Week

Under 18 years of age

$310.95

12.45

$323.40

At 18 and under 19 years

$381.60

15.25

$396.85

At 19 and under 20 years

$422.75

16.90

$439.65

At 20 and under 21 years

$445.05

17.80

$462.85

The minimum rates of wages for an employee washing

Former Rate

(+4%, SWC

Total Rate

and filling bottles and all work in connection therewith

per week

2007)

per Week

and a junior laboratory employee:

 

 

 

Under 18 years of age

$322.75

12.90

$335.65

At 18 and under 19 years

$371.75

14.85

$386.60

At 19 and under 20 years

$426.70

17.05

$443.75

At 20 and under 21 years

$477.80

19.10

$496.90

 

TABLE 2 - OTHER RATES AND ALLOWANCES

Item

Clause

Brief Description

Former

New Amount

No.

No.

 

Amount

Per week

 

 

 

per week

(+4% SWC

 

 

 

 

2007)

 

 

 

 

Date to

 

 

 

 

Take Effect:

 

 

 

 

29.11.07

 

 

 

$

$

1

6(i)

For drivers where the semi-trailer has:

 

 

 

 

A single axle

33.65

35.00

 

 

Two axles

41.35

43.00

 

 

More than two axles

48.25

50.20

2

6(iv)

Leading Hands:

 

 

 

 

In charge of more than 2 but not more than 10

20.65

21.50

 

 

employees

 

 

 

 

In charge of more than 10 employees

26.30

27.35

3

6(v)

Charge Hands (per day)

5.65

5.90

4

6(vii)

First aid allowance (Per Week)

13.05

13.55

5

6(viii)

Forklift drivers engaged in the loading and/or

7.05

7.35

 

 

unloading of trailers (per week)

 

 

6

6(ix)

Any employee in a Production Section classification

2.90

3.00

 

 

required to move Vendors’ vehicles (per day)

 

 

7

6(x)

Any employee in a Production Section who possesses

17.40

18.10

 

 

a TAFE Advanced Certificate or Associate Diploma

 

 

8

6(xi)

Employees of Dairy Farmers Cooperative Ltd

0.48

0.50

 

 

working in Cargon Vendor Distribution Depots in

 

 

 

 

cold temperatures between 1 degree Celsius and 7

 

 

 

 

degrees Celsius (per hour)

 

 

9

6(xii)

Employees of Dairy Farmers Co-Operative Ltd

0.48

0.50

 

 

working their entire shift within a fully enclosed

 

 

 

 

refrigerated warehouse or depot where temperatures

 

 

 

 

are below 5 degrees C

 

 

10

8(i)

Shift Allowance:

 

 

 

 

 

(a) morning shift (per shift)

9.20

9.55

 

 

 

(b) afternoon shift (per shift)

12.10

12.60

 

 

 

(c) night shift (per shift)

15.35

15.95

 

 

 

(d) permanent afternoon shift or permanent night

 

 

 

 

 

shift (per shift)

3.30

3.45

11

11(ii)(b)

Overtime - meal allowance*

10.80

11.10

12

18(iii)

Laundry Allowance*

5.40

5.45

 

* indicates item adjusted as per CPI June Quarter 2007.

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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