Transport
Industry - Wholesale Butchers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1673 of 2007)
Before Commissioner
Murphy
|
15 February 2008
|
REVIEWED
AWARD
PART A
SECTION 1 -
APPLICATION AND OPERATION OF AWARD
1. Award Title
This award may be referred to as the Transport Industry -
Wholesale Butchers (State) Award
2. Arrangement
Clause No. Subject Matter
Section I -
Application and Operation of Award
1. Award
Title
2. Arrangement
3. Anti-Discrimination
4. Area
Incidence and Duration
5. Industries
and Callings
Section II - Employer
and Employee Duties, Employment Relationship
6. Contract
of Employment
7. Duties of
Employees
8. Unauthorised
Persons Riding on Vehicles
9. Redundancy
Section III - Wages,
Allowances and Hours of Employment
10. Wages
11. Payment of
Wages
12. Collecting
Monies
13. Superannuation
14. Hours of
Work
15. Meal
Breaks
16. Overtime
17. Saturday
and Sunday Work
18. Night
Workers
19. Recall
Section IV - Leave
Entitlements and Public Holidays
20. Annual
Leave
21. Sick Leave
22. Personal/Carer’s
Leave
23. Bereavement
Leave
24. Parental
Leave
25. Long
Service Leave
26. Public
Holidays
27. Jury Service
28. Attendance
at Repatriation Centres
Section V -
Occupational Health and Safety
29. Amenities
30. Clothing
and Footwear
31. First-aid
32. Hoods and
Windscreens
Section VI -
Industrial Relations and the Union
33. Commitment
34. Dispute
Resolution Procedure
35. Notice
Board
36. Right of
Entry
37. Union
Membership
38. Secure
Employment
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
PART A
3.
Anti-Discrimination
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 and age and responsibilities as a carer.
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.
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.
3.4 Nothing in
this clause is to be taken to affect:
3.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
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; or
3.4.4 a party to this
award from pursing matters of unlawful discrimination in any State or federal
jurisdiction.
3.4 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.
4. Area, Incidence
and Duration
4.1 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Transport Industry - Wholesale Butchers (State)
Award 2000 published 11 May 2001 (324 I.G. 722), 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 February 2008.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
4.2 It shall apply
to all employees, including drivers of motor and other power-propelled vehicles
and yardpersons employed in the wholesale transport and delivery of meat from
abattoirs, slaughterhouses, and the wholesale transport depots in the State;
excepting employees employed in the transport of meat solely or mainly to the
retail shop or shops of their employer.
5. Industries and
Callings
Carters, grooms, stablehands and yardpersons, including
drivers of motor and other power-propelled vehicles, brakesperson, or extra
hands employed in the wholesale transport and delivery of meat from abattoirs,
slaughterhouses and wholesale meat depots throughout the State, excluding the
county of Yancowinna.
excepting:
Employees employed in the transport of meat solely to the
retail shop of their employer.
SECTION II - EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT
RELATIONSHIP
6. Contract of
Employment
6.1 The employment
of a weekly employee may be terminated at the end of any pay day by either
party without notice or at any time by either party on the giving of one week's
notice. An employer failing so to
terminate shall pay to the employee one week's ordinary pay in addition to any
monies actually earned in that week, and an employee failing so to terminate
shall forfeit one week's ordinary pay which may be deducted from any monies due
to the employee.
6.2 A casual
employee shall be employed by the day and his/her employment shall terminate at
the end of each day. An employee who
terminates his/her employment as from a time prior to the end of the ordinary
working hours on any day shall not be entitled to payment in respect of any
time actually worked on that day.
6.3 An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training.
7. Duties of
Employees
7.1 Subject to the
provisions of subclause 7.2 of this clause, a driver shall not be called upon
to do work other than:
7.1.1 driving;
7.1.2 loading and
unloading the vehicle of which he/she is in charge;
7.1.3 assisting in
loading and unloading others' vehicles;
7.1.4 on each day,
other than a Saturday, washing his/her vehicle (inside and out) to meet hygiene
standards, for which he/she shall receive a washing allowance as set in Item 1
of Division B of Table 2 - Allowances, of Part B, Monetary Amounts, for each
week in which such washing occurs; provided that, where the number of vehicles
in a yard is six or more, then the employer shall provide a washer to perform
all washing duties.
7.1.5 the refuelling
of any truck or vehicle which he/she has driven during the course of his/her
duties on any day. A driver may be
further required to carry out minor repairs, such as changing tail lights, and
each driver shall be ready, willing and able to change tyres and perform
similar - not specialist - vehicle maintenance tasks.
7.2 Any driver may
be called upon to perform sundry duties in and about the garage on any day
excepting a Saturday, a Sunday or a holiday; provided that he/she shall not be
required to take out any vehicle for the purpose of delivering meat on the same
day that the employee is called upon to perform such sundry duties except in
the case of a breakdown or accident to any vehicle or employee engaged in the
delivery of meat on that day. Any day
occupied in such work shall not exceed eight hours nor shall the finishing time
be later than 4.00 p.m.
7.3 The duties of
a yardperson shall be to perform work in or about yards and shall include, if
required, the washing of motor vehicles or the servicing of tyres.
7.4 Delivery to
the premises of retail butcher shops and/or factories includes lifting the meat
on and off the scale; provided that an employee shall not be required to lift,
without assistance, any carcass in excess of 55 kg on to or off a scale if the
distance from floor level to the bottom of the hook of the scale exceeds 2
metres.
7.5 An employee
shall not carry goods of any description into or from any depot, meat hall or
slaughterhouse more than nine metres from the tailboard of the wagon.
7.6 An employee
shall not be called upon to lift from the floor of his/her hanging vehicle any
article over the weight of 32 kg or to stack more than three tiers high without
adequate assistance.
7.7 An employee
shall not be called upon to unload, without adequate assistance, any carcass or
portion of a carcass over the weight of 55kg which is hung low on any rail of a
hanging wagon with the exception of the rail nearest to the tailboard.
"Hung low" means hung on a double hook or hook and rope so that the
whole carcass or portion hung is situated below other carcasses or portions
hung from the same wall.
7.8 An employee
shall not be called upon to hang up, without assistance, any carcass or portion
of a carcass, carried from his/her wagon, in excess of 64 kg weight.
7.9 Pigs exceeding
64 kg and calves exceeding 50 kg shall not be handled without assistance unless
chopped into sides. Back-fatters and
yearlings over 136 kg shall not be handled without assistance unless split and
quartered. In accordance with the New
South Wales Occupational Health and Safety Act 2000, the employer should
ensure that systems of work are safe and without risks to health.
7.10 All meat hung
shall be at least 8 centimetres clear of any cartons carried on the wagon.
7.10.1 Where an
employer requires any of his/her employees to unload or to assist in the
unloading of railway trucks he/she shall pay such employee as set in Item 2 of
Division B of Table 2 - Allowances, of Part B, Monetary Amounts, per day for
each day on which he/she so unloads in addition to the minimum wages prescribed
in clause 10, Wages; provided, however, that an employee shall not under this
subclause receive less than the amount as set in the said Item 2 in any week in
which he/she so unloads.
7.10.2 Where a full TRC
railway truck is required to be loaded or to be unloaded, not less than four
men/women shall be employed and when a SRC railway truck or half or less than
half of a TRC railway truck is required to be loaded or to be unloaded, not
less than two persons shall be employed.
7.11 Employees
appointed to perform the operation of chiller and/or blower shall receive the
amount set out in item number 2A of Table 2 - Allowances, of Part B, Monetary
Rates.
8. Unauthorised
Persons Riding on Vehicles
An employee and/or employer shall not permit any
unauthorised person to accompany the employee on his/her vehicles or permit any
such person to assist them in the delivery of goods, wares, merchandise or
materials unless such person has been engaged as an employee or is the owner of
such goods, wares, merchandise or materials.
9. Redundancy
See the Transport Industry - Redundancy (State) Award
published 8 September 2000 (318 I.G. 458).
SECTION III - WAGES, ALLOWANCES AND HOURS OF EMPLOYMENT
10. Wages
10.1 The wage rates
as set out in Table 1 - Wages, of Part B, Monetary Rates, for the
classifications set out in this clause are total weekly rates of pay (except
where otherwise specified).
10.2 For the
purposes of computing wages, overtime, etc., the additional amounts as set out
in the said Part B, and referred to in this clause, form part of the weekly
wage for the work performed.
10.3 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
over award payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
11. Payment of Wages
11.1 Weekly
Employees - Pay day shall be not later than Friday in each week. Pay shall be made up in cash to the ordinary
ceasing time on Wednesday, provided that where time is made up to the ordinary
ceasing time on Thursday, such practice shall continue.
11.2 Casual
Employees - A casual employee shall be paid at the end of each day or at the
termination of his/her casual employment; provided that a casual employee shall
receive at least one pay each week.
11.3 Overtime due
during any pay week shall be made up to and including the Wednesday preceding
pay day. In yards in which it is customary for overtime to be made up to and
including Thursday, such practice shall continue.
11.4 Each employee
shall be supplied with a pay envelope, docket, or other form of receipt
containing details of wages and overtime and deductions made.
11.5 When employees
are kept waiting for their pay for more than fifteen minutes after the usual
finishing time they shall be paid for all time kept waiting at overtime rates.
11.6 Notwithstanding
anything elsewhere contained in this clause, the employer may pay employees by
way of cheque or electronic transfer of funds to a bank account of the
employee's. By agreement with any current employee, the employer may pay wages
to such employee in the same manner.
12. Collecting Monies
Employees who are required to collect monies upon delivery
of goods, excluding non-negotiable cheques, on behalf of the employer and/or
the employer's clients shall be paid the additional rates as provided for in
Items 3 and 4 of Division C of Table 2 - Allowances, of Part B, Monetary
Amounts.
13. Superannuation
See the Transport Industry - (State) Superannuation Award
(No. 2) published 17 March 2000 (314 I.G. 148).
14. Hours of Work
14.1 Weekly Hands -
The ordinary working hours, exclusive of meal times, shall not exceed eight per
day and forty per week, to be worked as follows:
14.1.1 In the case of
employees other than yardmen engaged in the washing of vehicles, between the
hours of 6.00 a.m. and 5.00 p.m. on the days Monday to Friday, inclusive.
14.1.2 In the case of
yardmen engaged in the washing of vehicles, between the hours of 6.00 a.m. and
12 midnight on the days Monday to Friday, inclusive.
14.1.3 Employees are to
be at their work stations or vehicles appropriately dressed, ready to commence
work at the designated starting time.
14.2 Casual Hands -
The ordinary hours of work for casual hands shall not, without the payment of
overtime, exceed the prescribed hours per day for weekly hands and such hours
shall be worked between the earliest and latest times prescribed for such
weekly hands.
14.3 Weekly and
Casual Hands:
14.3.1 Within the
limits hereinbefore mentioned, the employer shall fix the starting and
finishing times for each employee.
14.3.2 In no
circumstances shall an employee commence work before 6.00 a.m., other than when
such employee is being paid the appropriate penalty rates.
14.3.3 It is a
condition of this award that all employees shall be at their work stations or
vehicles, ready to commence work and appropriately dressed, with all equipment,
at the starting time nominated by the employer.
14.3.4 Notwithstanding
the spread of ordinary hours as expressed in this clause, an employer and
employee may agree to alternative starting and/or finishing times for ordinary
hours outside of this spread, provided that any agreement reached shall be
committed to writing with each party receiving a copy of such written
agreement.
15. Meal Breaks
15.1 Each employee
shall be entitled to a meal break of thirty minutes commencing not more than
five hours after the commencement of his/her ordinary hours of work.
15.2 Where an
employee is required to continue work on overtime immediately on the completion
of his/her ordinary hours of work and such overtime is of one and a half hours
duration or more and, in the case of a day worker, extends beyond 5.00 p.m. on
any day, he/she shall be entitled to a meal break of 30 minutes. An employee may elect to work through such
meal break and in such case he/she shall be paid for all work so performed at
the appropriate overtime rate.
15.3 This subclause
shall apply to an employee who is required to work overtime which will continue
until the commencement of his/her ordinary hours of work and which commences
more than two hours before his/her ordinary commencing time. Where such employee is required to commence
work at 6.00 a.m. or earlier, he/she shall be allowed a meal break commencing
not later than 8.00 a.m.
15.4 A meal break
shall not be counted as time worked.
15.5 An employee who
is required to work overtime for one and one-half hours or more after the
normal ceasing time shall be paid a meal allowance of the amount specified in
Item 5 of Division D of Table 2 - Allowances, of Part B, Monetary Amounts,
provided that in the case of a day worker such overtime extends beyond 5.00
p.m. on any day.
15.6 Notwithstanding
anything elsewhere contained in this clause, an employer and employee may enter
into a private agreement in respect of taking meal breaks and such agreement
shall be in lieu of any other provisions of this award. Such agreement will be
in a written form signed by the employer and employee.
16. Overtime
16.1 Overtime at the
rate of time and one-half for the first two hours and at the rate of double
time thereafter shall be paid to all employees as follows:
16.1.1 For all time
worked between the earliest and latest times mentioned in clause 14, Hours of
Work, in excess of forty hours in any one week or in excess of the ordinary
hours of work in any week which includes a public holiday.
16.1.2 For all time
worked between each earliest and latest times in excess of eight hours per day
or before the fixed commencing time or after the final finishing time.
16.1.3 For all time
worked before the said earliest time and for all time worked after the said
latest time.
16.1.4 For the purpose
of the computation of overtime, each day shall stand alone; provided that if
overtime continues after 12 midnight, double time shall be paid for all time
worked up to the completion of overtime work.
16.2 Limitation of
overtime -
16.2.1 Subject to the
provisions of 16.2.4, and clause 15, Meal Breaks, an employee may be required
to work for a continuous period amounting to twelve hours, excluding meal
breaks, from the time of commencing work.
16.2.2 In the event of
a breakdown in the item of plant or equipment being driven or in cases where
the employer is required to provide a service within a limited period of time and
it is not practicable to provide other labour to carry out the necessary work,
the said twelve hours may be exceeded by no more than one hour.
16.2.3 Except in the
case of accident or circumstances over which the employer has no control an
employee shall not work, and an employer shall not require an employee to work,
more than a total of sixty hours, including overtime, in any week exclusive of
unpaid intervals allowed for meals.
16.2.4 An employee who
is required to work for any period amounting to twelve hours from the time of
commencing work shall be granted a respite from and shall be entitled to absent
himself/herself from work until he/she has had ten consecutive hours off duty
but shall not be paid for such period of absence.
16.2.5 Restrictions on
Driving Periods - See the Motor Traffic Act, and the Regulations thereunder as
to the restrictions on driving periods for motor vehicles having an unladen
weight in excess of two tonnes.
17. Saturday and
Sunday Work
17.1 An employee
called upon to work on a Saturday shall be paid at the rate of time and
one-half for the first two hours and at the rate of double time thereafter and
shall be guaranteed and/or shall be paid for a minimum of four hours at the
appropriate rate for each start; provided that where an employee is required to
commence work at 12 noon or thereafter, he/she shall be paid at the rate of
double time.
17.2 An employee
called upon to work on a Sunday shall be paid at the rate of double time and
shall be guaranteed and/or shall be paid for a minimum of four hours' work at
the appropriate rate for each start.
18. Night Workers
Employees may be engaged as night workers with the written
consent of the union and, if so, shall be paid not less than 30 per cent in
addition to the appropriate rate specified by clause 10, Wages.
19. Recall
An employee recalled for work after completing their
ordinary hours for the day shall be guaranteed and shall be paid for at least
four hours' work for each start at the rate prescribed in subclause 16.1.
SECTION IV - LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS
20. Annual Leave
20.1 See Annual
Holidays Act 1944.
20.2 An employee at
the time of entering upon a period of annual leave (or, in the case of an
employee with at least six months' service whose employment is terminated, at
the completion of employment), shall be entitled to an additional payment in
respect of the period of employment to which the said leave (or pro rata leave)
is referable, calculated on the basis of three and one-third hours' ordinary
pay for each completed month of service.
20.3 Leave is
reserved to the parties to apply in respect to this clause.
21. Sick Leave
21.1 "Year"
shall mean the period from 1 July to 30 June next following.
21.2 An employee,
other than a casual employee, with not less than three months' continuous
service with the employer who is absent from work by reason of personal illness
or injury, not being illness or injury arising out of or in the course of
employment, shall be entitled to leave of absence, without deduction of pay,
subject to the following conditions and limitations:
21.2.1 He/she shall,
unless it is not reasonably practicable so to do (proof whereof shall be on the
employee), before his/her ordinary starting time on the first day of the absence,
and in any event within twenty-four hours, inform the employer of his/her
inability to attend for duty and, as far as practicable, state the nature of
the illness or injury and estimated duration of the absence.
21.2.2 He/she shall
furnish to the employer such evidence as the employer may reasonably desire
that he/she was unable, by reason of such illness or injury, to attend for duty
on the day or days for which sick leave is claimed.
21.2.3 Except as
hereinafter provided, he/she 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:
21.2.3.1 If
his/her employment continues with the one employer after the first year,
his/her leave entitlement shall increase to a maximum entitlement of 64 hours
of ordinary working time, at which figure it shall remain for any subsequent
years of continued employment.
21.2.3.2 If
the employment of an employee who has become entitled to leave in accordance
with subparagraph 21.2.3.1 of this paragraph is terminated for any reason,
he/she shall not be entitled, in the employ of any employer in the industry in
that year, to leave in excess of forty hours' ordinary working time.
21.3 For the purpose
of administering 21.2.3 of this clause, an employer within two weeks of the
employee entering his/her employment, may require an employee to make a
statutory declaration or other written statement as to what paid leave of
absence he/she has had from any employer during the then current year and upon
such statement the employer shall be entitled to rely and act.
21.4 The rights
under this clause shall accumulate from year to year, so long as his/her
employment continues with the one employer, so that any part of the leave
entitlement which has not been allowed in any year may be claimed by the
employee and shall be allowed by that employer, subject to the conditions
prescribed by this clause, in a subsequent year of continued employment.
21.5 If an award
holiday occurs during an employee's absence on sick leave, then such award
holiday shall not be counted as sick leave.
21.6 Service before
the date of coming into force of this clause shall be counted as service for
the purpose of assessing the sick leave entitlement in any year under 21.2.3,
but shall not be taken into consideration in arriving at the period of
accumulated leave.
21.7 Accumulated
sick leave to the credit of an employee at the commencement of the award shall
not be affected or reduced by the operation of this clause.
22. Personal/Carer's
Leave
22.1 Use of Sick
Leave -
22.1.1 An employee, other than a casual employee,
with responsibilities in relation to a class of person set out in 22.1.3.2 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.
22.1.2 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.
22.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
22.1.3.1 the
employee being responsible for the care of the person concerned; and
22.1.3.2 the
person concerned being:
22.1.3.2.1 a
spouse of the employee; or
22.1.3.2.2 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
22.1.3.2.3 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
22.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.1.3.2.5 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.
22.1.4 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 34,
Dispute Resolution Procedure, should be followed.
22.2 Unpaid Leave
for Family Purpose -
22.2.1 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 22.1.3.2 above who is ill or who
requires care due to an unexpected emergency.
22.3 Annual Leave -
22.3.1 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.
22.3.2 Access to annual
leave, as prescribed in paragraph 22.3.1
of this subclause, shall be exclusive of any shutdown period provided for elsewhere
under this award.
22.3.3 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.
22.3.4 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.
22.4 Time Off in
Lieu of Payment for Overtime -
22.4.1 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.
22.4.2 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.
22.4.3 If, having
elected to take time as leave in accordance with paragraph 22.4.1 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.
22.4.4 Where no
election is made in accordance with the said paragraph 22.4.1, the employee
shall be paid overtime rates in accordance with the award.
22.5 Make-up Time -
22.5.1 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.
22.5.2 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.
22.6 Rostered Days Off -
22.6.1 An employee may elect, with the consent of
the employer, to take a rostered day off at any time.
22.6.2 An employee may elect, with the consent of
the employer, to take rostered days off in part day amounts.
22.6.3 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.
22.6.4 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.
22.7 Personal Carers Entitlement for casual
employees -
(1) Subject to the evidentiary and notice
requirements in 22.1.2 and 22.1.4 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 22.1.3.2 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
23.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person within Australia as prescribed in
subclause 23.3.
23.2 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.
23.3 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 22.1.3,
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
23.4 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.
23.5 Bereavement
leave may be taken in conjunction with other leave available under 22.2, 22.3,
22.4 and 22.5. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
23.6 Bereavement entitlements for casual employees
23.6.1 Subject to the evidentiary and notice
requirements in 23.2 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 22.1.3.2 of clause 22, Personal/Carer's Leave.
23.6.2 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.
23.6.3 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 engage a casual
employee are otherwise not affected.
24. 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).
25. Long Service
Leave
See Long Service Leave Act 1955.
26. Public Holidays
26.1 The days on
which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day,
Queen's Birthday, Labour Day, Christmas Day, Boxing Day, and the picnic day of
the Transport Workers' Union of Australia, New South Wales Branch, are
observed, together with any other days which hereafter may be proclaimed as
holidays by the Government for the State, shall be holidays; provided that the
said union picnic day shall, for the purpose of this award, be the day observed
as Butchers' Picnic Day in New South Wales.
26.2 Work done on
any of the holidays prescribed by 26.1 by an employee shall be paid at the rate
of time and one-half in addition to the weekly wage with a minimum of four
hours' pay for each start.
26.3 In any week in
which a holiday occurs, and in respect of each holiday occurring in that week,
eight hours shall be counted as ordinary hours worked although not actually
worked.
26.4 No deduction
shall be made from the wage of a weekly employee who has not worked on any such
holiday; provided that he/she has not been absent without leave or reasonable
excuse during any part of the working day before or the working day after such
award holiday, or if it is a consecutive award holiday during any part of the
nearest of such working days.
27. Jury Service
27.1 An employee
required to attend for jury service during his/her ordinary working hours shall
be reimbursed by the employer an amount equal to the difference between the
amount paid in respect of his/her attendance for such jury service and the
amount of wage he/she would have received in respect of the ordinary time
he/she would have worked had he/she not been on jury service.
27.2 An employee
shall notify his/her employer as soon as possible of the date upon which he/she
is required to attend for jury service.
Further, the employee shall give his/her employer proof of his/her
attendance, the duration of such attendance and the amount received for such
jury service.
28. Attendance at
Repatriation Centres
Employees being ex-service personnel shall be allowed, as
time worked, lost time incurred whilst attending repatriation centres for
medical examination and/or treatment; provided that:
28.1 such lost time
does not exceed four hours on each occasion;
28.2 payment shall
be limited to the difference between ordinary wage rates for time lost and any
payment received from the Repatriation Department as a result of each such
visit;
28.3 the provisions
of this clause will apply to a maximum of four such attendances in any year of
service with an employer;
28.4 the employee
produces evidence satisfactory to the employer that he/she is required to and
subsequently does attend a repatriation centre.
SECTION V - OCCUPATIONAL HEALTH AND SAFETY
29. Amenities
The following facilities shall be available at all yards,
depots or garages where the employees are engaged under the provisions of this
award:
29.1 Proper dressing
rooms with adequate washing facilities including both hot and cold water.
29.2 Proper lock-up
clothing lockers.
29.3 Where employees
are required to partake of meals at the employer's yard, depot or garage, a
dining room with adequate seating and table accommodation for the partaking of
meals and also facilities for boiling water shall be available.
29.4 Proper lavatory
facilities shall be available at all yards, depots or garages where employees
are employed under the provisions of this award.
30. Clothing and
Footwear
30.1 The employer
shall pay to an employee employed as a motor vehicle driver an allowance as
provided for in Item 6 of Division D of Table 2 - Allowances, of Part B,
Monetary Amounts, for each day worked subject to the condition that the
employee shall commence work each day wearing freshly laundered outer clothes
(including carrying cape) and head covering of a type approved by the employer
and in a reasonable state of repair; provided, however, that such allowance
shall not be payable in respect of any day on which an employee wears such
outer clothes and head covering which have been issued clean by the employer.
30.2 Five sets of
outer clothes (including carrying cape) and head covering shall be provided
free of cost by the employer to an employee.
30.3 30.1 and 30.2
shall not apply if the employer provides free of cost to the employee clean
outer clothes and head covering each day.
Where such clean outer wear is being supplied at the commencement of
this award, then such practice shall continue.
30.4 Clothing
(including carrying capes) and head covering provided by the employer shall
remain the property of the employer and the employee shall take reasonable care
thereof. If the employee fails to take
reasonable care of, or fails to return such clothing and head covering, the
employer may recover the value of same from the employee or may deduct such
value from any monies payable to the employee.
30.5 The employer
shall pay to each employee a boot allowance as set in Item 7 of the said
Division D per week. Such allowances
shall be paid during each week of employment.
31. First-Aid
31.1 An employee
appointed by the employer to perform first-aid duty shall be paid in accordance
with Item 8 of Division D of Table 2 - Allowances, of Part B, Monetary Amounts,
in addition to his/her ordinary rate during such appointment.
31.2 First-aid
Outfit - A first-aid outfit shall be provided by the employer at each establishment,
yard, depot and garage where there are employees covered by this award. Such outfit is to comprise a first-aid
ambulance chest which shall:
31.2.1 be of wood or
metal, be dustproof and be distinctly marked with a white cross upon a green
background;
31.2.2 be so equipped
and maintained as to contain at least the articles and appliances specified by
the Occupational Health and Safety (First-aid) Regulations as varied from time
to time;
(NOTE: The employer shall display a copy of the
appropriate schedule, above referred to, on or adjacent to the first-aid
ambulance chest);
31.2.3 contain nothing
except requisite articles and appliances for first-aid;
31.2.4 be readily
accessible to the persons employed in the establishment, yard, depot and garage;
and
31.2.5 be placed under
the charge of a responsible person or persons who or one of whom shall always
be readily available during working hours. A clearly legible notice stating the
name or names of the person or persons in charge of the ambulance chest shall
be affixed in a conspicuous position on or adjacent to the chest.
32. Hoods and
Windscreens
The employer shall provide all motor waggons with hoods,
windscreens, cushioned seats and back rests.
The driver's cabin of each vehicle shall be ventilated adequately and
shall be supplied with cabin doors and wind- up windows. Where this is not practicable, side curtains
may be fitted as an alternative.
SECTION VI - INDUSTRIAL RELATIONS AND THE UNION
33. Commitment
It is a term of this award (arising from the decision of the
Industrial Commission in Court Session in the State Wage Case of 29 May 1991),
that the award requires enterprises to establish a consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiations on matters affecting their efficiency and productivity.
34. Dispute
Resolution Procedure
34.1 Procedures
relating to grievances of individual employees:
34.1.1 The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
34.1.2 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.
34.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
34.1.4 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.
34.1.5 While a
procedure is being followed, normal work must continue.
34.1.6 The employee may
be represented by an industrial organisation of employees.
34.2 Procedures
relating to disputes, etc., between employers and their employees:
34.2.1 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.
34.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
34.2.3 While a
procedure is being followed, normal work must continue.
34.2.4 The employer may
be represented by an industrial organisation of employers and the employees may
be represented by an industrial organisation of employees for the purposes of
each procedure.
34.2.5 In the event
that a dispute cannot be settled, either party may notify the Industrial
Relations Commission of New South Wales of the existence of the dispute in
accordance with the Industrial Relations Act 1996.
35. Notice Board
The employer shall provide a notice board of reasonable
dimensions to be erected or to be placed in a prominent position in his/her
yard, depot or garage upon which accredited representatives of the Transport
Workers' Union of Australia, New South Wales Branch, shall be permitted to post
formal union notices signed by the representative or representatives.
36. Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act
1996. (NOTE: This provides that a duly
accredited representative of the union shall have the right to enter any work
place or premises for the purpose of interviewing employees and investigating
suspected breaches of awards or agreements or the Industrial Relations Act 1996
and in such investigations inspect time and pay sheets, so long as the
representative does not unduly interfere with the work being performed by any
employee during working time).
37. Union Membership
The employer makes and the union acknowledges the following
statement of policy:
37.1 The legitimate
role of the union as the representative of employees is accepted and
encouraged, as is the exercise of the right of every individual to join the
union.
37.2 It is the
employer's policy that fair treatment and equitable payment of employees does
not rest on union membership.
38. 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 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.
PART B
MONETARY RATES
Table 1 - Wages
DIVISION A - General Rates
|
Grade One -
Motor Vehicle Driver, Yardman and Articulated Driver -
|
Classification
|
Former
|
SWC 2007
|
Weekly Wage
|
|
Weekly Wage
|
|
Operative
|
|
|
|
Date 29.11.07
|
|
$
|
$
|
$
|
(A) Motor Vehicle Driver - carrying capacity
up to and not
|
|
|
|
exceeding 5.5
tonnes
|
585.50
|
20.00
|
605.50
|
|
Additional Amount
|
|
|
|
|
For each additional tonne of part thereof
|
4.66
|
4%
|
4.84
|
(B) Yardman: (i.e. employee washing vehicles)
Weekly Hand
|
580.50
|
20.00
|
600.50
|
(NOTE: The margin prescribed herein for a yardman
has been fixed on the basis that his/her ordinary hours of work finish after
5.00 p.m. and at or before midnight on the days Monday to Friday, inclusive).
(C) Articulated Vehicle Driver:
Drivers of
articulated vehicles shall receive either:
(1) the rate of pay as calculated under 10.1
of clause 10, Wages; or
(2) the rate of pay as calculated under
clause 1, Wages, of the Transport Industry (State) Award, whichever is the
higher.
Grade Two:
Casual Hands and Youth Labour -
(A) Casual Hands:
(a) Casual employees shall be paid one-fifth
of the above weekly rate on a daily basis plus 15 per cent.
(b) Irrespective of hours worked, a casual
employee shall be paid for a minimum of eight hours’ work for each start.
(B) Youth Labour:
Any youth
employed on work under this award shall be paid the appropriate male rate
prescribed in this award for the class of work he/she is performing.
TABLE 2 - ALLOWANCES
|
DIVISION B - Extra Payments
|
Item
|
Clause
|
Description
|
Former
|
New Amount
|
No.
|
No.
|
|
Amount
|
(+4% SWC 2007)
|
|
|
|
$
|
$
|
1
|
7.1.4
|
Washing Vehicle Allowance (each week washing occurs)
|
8.45
|
8.79
|
2
|
7.10.1
|
Unload/assist in loading of railway trucks (per day for
|
|
|
|
|
each day)
|
1.11
|
1.15
|
|
|
Unload/assist in loading of railway trucks (in any week
|
|
|
|
|
not less than)
|
3.71
|
3.86
|
2A
|
7.11
|
Any Driver Responsible for operating a chiller and/or
|
|
|
|
|
blower
|
0.95
|
0.99
|
DIVISION C - Other Work Related Allowances
|
3
|
12
|
Collecting Monies - exceeds $30 but not over $150
|
4.83
|
5.02
|
4
|
12
|
Collecting Monies - exceeds $150
|
7.49
|
7.79
|
DIVISION D - Reimbursement - Type Allowances
|
6
|
15.5
|
Meals*
|
10.80
|
11.09
|
7
|
30.1
|
Laundered Clothing*
|
0.84
|
0.85
|
8
|
30.5
|
Boots*
|
0.47
|
0.48
|
9
|
31.1
|
First Aid
|
2.03
|
2.11
|
* Indicates
item increase as per CPI to June 2007.
J. P. MURPHY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.