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New South Wales Industrial Relations Commission
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Transport Industry - Wholesale Butchers (State) Award
  
Date05/02/2008
Volume365
Part3
Page No.1201
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6479
CategoryAward
Award Code 608  
Date Posted05/02/2008

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(608)

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SERIAL C6479

 

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.

 

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