(789)

SERIAL C6489

Bootmakers and Heel Bar Operatives, &c. (State) Award

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 1527 of 2007)

Before Commissioner Bishop

4 February 2008

REVIEWED AWARD

Clause No. Subject Matter

PART A

Arrangement

1. Arrangement

2. Definitions

3. Enterprise Consultation

4. Monetary Rates

4A. Secure Employment

5. State Wage Case Adjustments

6. Enterprise Arrangements

7. Redundancy

8. Commitment to Training and Careers

9. Supported Wage

10. Contract of Employment

11. Saturday and Late Nights Penalty Rates and Loading in Shops

12. Hours of Work - Shops

13. Hours of Work - Factory or Workshop

14. Implementation of a 38-Hour Week

15. Overtime

16. Meal Allowance

17. Meal Times

18. Rest Pause

19. Public Holidays

20. Proof of Age

21. Tools

22. Mixed Functions

23. Sick Leave

24. Personal/Carer's Leave

24A. Parental Leave

25. Bereavement Leave

26. Blood Donor Leave

27. Jury Service

28. Annual Holidays

29. Annual Holiday Loading

30. Travelling Time, Expenses, Fees, Etc.

31. Long Service Leave

32. Cleaning Duties

33. Dispute Settlement Procedure

33A. Union Membership Fee Deduction

34. Uniform Laundering Allowance

35. Notations

36. Occupational Superannuation

37. Technical College Fees for Apprentices

38. Supply of Tools

39. Anti-Discrimination

40. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Wages

Table 2 - Other Rates and Allowances

2. Definitions

(a) Journeyperson - means an employee employed in the industry (other than an apprentice or a trainee) or a heel bar operative.

(b) Bespoke Bootmaker - means a journeyperson engaged in making, cutting and/or fitting lasts, at any stage of making.

(d) Repairer - means a journeyperson engaged in repairing shoes or boots and/or finishing new work.

(e) Heel Bar Operative - means an employee engaged upon shoes renewal "while you wait" service involving the use of specialised equipment and only pre-cut materials. Their Functions involve only the repairs of heels (but not the replacement of heel blocks), the preparation of soles and the application of soles thereto by adhesive, the gluing and/or stapling of straps, attaching shoe piece and shoe stretching.

(f) Improver Heel Bar Operative - means a person who has not had three calendar months experience employed as a Heel Bar Operative and who has been appointed by the employer to the employed as an Improver Heel Bar Operative for a training period of a maximum of three calendar months; such person shall not be included in the classification of Apprentice or Trainee.

(g) Junior Employee - means a person employed in a shop between the age of not less than 18 years and not more than 20 years and includes a person employed in a factory or workshop between the age of not less than 16 years and not more than 20 years. Such person shall not be included in the classification of apprentice and shall not work in a declared trade.

(h) Part-time Employee - is employed on a weekly basis to work a set number of hours and days each week. The number of hours is not less than 12 per week nor more than 30 per week to be worked on not more than five days per week.

(i) Shop - refer to section 78 of the Shops and Industries Act 1962. Employees covered by this award working in a retail establishment shall be deemed to be employed in a shop.

(j) Apprentice - is an individual undertaking an apprenticeship established under the Apprenticeship and Traineeship Act 2001.

(k) Union - shall mean the Shop Distributive and Allied Employees' Association, New South Wales, and the Shop Assistants and Warehouse Employees Federation of Australia, Newcastle and Northern, New South Wales.

(l) Committee - shall mean the Bespoke Bootmakers, &c. (State) Industrial Committee.

(m) Trainee - means an employee bound by the Retail Industry (State) Training Wage Award.

3. Enterprise Consultation

Enterprises covered by this award shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

4. Monetary Rates

(i) The minimum rate of pay to be paid for each classification, each week, by an employer shall be as set out in the Total Wage Column of Table 1 - Wage Rates, of Part B, Monetary Rates.

	Group No.
Classification	Table 1

Heel Bar Operative	1
Boot or Shoe Repairer	2
Bespoke Bootmaker	3
Surgical Bookmaker	4

(ii) Additional Payments - Provided that a boot or shoe repairer, who, for the major part of the week is required to repair anatomical, surgical or orthopaedic boots or shoes, shall be paid a loading as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(iii) Junior Employees -

(a) The minimum rate of pay according to age to be paid by the employer to junior employees employed in a shop as defined in clause 2, Definitions, shall be a percentage of the total rate of pay of the classification of a Heel Bar Operative in subclause (i) of this clause. The percentage to be paid shall be as follows:

Age	Percentage

At 18 years	70
At 19 years	80
At 20 years	90

(b) The minimum rate of pay according to age to be paid by the employer to junior employees employed in a factory or workshop, as defined in the said clause 2, shall be a percentage of the total rate of pay of the classification of Heel Bar Operative in subclause (i) of this clause. The percentage to be paid shall be as follows:

Age	Percentage

At 16 years	50
At 17 years	60
At 18 years	70
At 19 years	80
At 20 years	90

(iv) Apprentices - The minimum weekly rate of pay for apprentices shall be a percentage of the Boot and Shoe Repairer classification as follows:

	Percentage
1st Year of Experience -

1st six months	50
2nd six months	55

2nd Year of Experience -

1st six months	65
2nd six months	70

3rd Year of Experience -

1st six months	80
2nd six months	85

(v) Improver Heel Bar Operative - Whilst so engaged in such duties, an Improver Heel Bar Operative shall be paid by the employer during the three calendar months period of training a sum equivalent to ninety per cent of the total rate of pay of the classification of Heel Bar Operative as prescribed in subclause (i) of this clause.

(vi) Part-Time Employees - Shall be paid an hourly rate equal to the appropriate weekly rate divided by thirty-eight.

(vii) Casual employees shall be paid an hourly rate equal to the appropriate weekly rate divided by thirty-eight, plus 15 per cent, calculated to the nearest half cent with a minimum payment on any shift of three hours.

Provided that upon employment, a new casual employee may be engaged for a minimum of 2 hours for the first two engagements provided that these engagements shall be for the purpose of training only.

4A. Secure Employment

(a) Objective of this Clause

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

(b) Casual Conversion

(i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

(ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

(iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(iv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

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

(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW).

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

(vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

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

(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.

5. State Wage Case Adjustments

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

(i) any equivalent overaward payments, and/or

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

6. Enterprise Arrangements

(a) The Industrial Relations Commission may approve of enterprise arrangements reached in accordance with this clause and the provisions of the Act. Provided that these arrangements are in accordance with the State Wage Case principles, as varied from time to time.

(b) Industrial unions of employees and industrial unions of employers, or industrial unions of employees and employers, or employees and employers may negotiate enterprise arrangements which, subject to the following provisions, shall prevail over the provision of any award or order of the Industrial Relations Commission that deals with the same matters in so far as they purport to apply to parties bound by the arrangements, provided that where the arrangement is between employees and an employer a majority of employees affected by the arrangement genuinely agree.

(c) An enterprise arrangement shall be an agreed arrangement for an enterprise, or discrete section of an enterprise, being a business, undertaking or project, involving parties set out in subclause (b).

(d) Enterprise arrangements shall be for a fixed term and there shall be no further adjustments of wages or other conditions of employment during this term other than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such arrangement shall continue in force until varied or rescinded in accordance with the Act.

(e) For the purposes of seeking the approval of the Industrial Relations Commission, and in accordance with the provisions of the Act, a party shall file with the Industrial Registrar an application to the Commission to either:

(i) vary an award in accordance with the Act; or

(ii) make a new award in accordance with the Act.

(f) On a hearing for the approval of an enterprise arrangement, the Industrial Relations Commission will consider in addition to the industrial merits of the case under the State Wage Case principles:

(i) ensuring the arrangement does not involve a reduction in ordinary time earnings and does not depart from Commission standards of hours of work, annual leave with pay or long service leave with pay; and

(ii) whether the proposed award or variation is consistent with the continuing implementation at enterprise level of structural efficiency considerations.

(g) The operative date for an enterprise arrangement shall be no earlier than the date of approval by the Industrial Relations Commission, except that the Industrial Relations Commission may approve an earlier operative date to achieve consistency with the operative date of an enterprise arrangement which has earlier been approved by the Australian Industrial Relations Commission.

(h) Where parties to an enterprise arrangement include employees covered by a federal award, an agreement covering those employees may be submitted to the federal tribunal for approval.

(i) The Industrial Relations Commission is available to assist the parties to negotiations for an enterprise arrangement by means of conciliation and, in accordance with this clause and the Act, by means of arbitration. If any party to such negotiations seeks arbitration of a matter relating to an enterprise arrangement such arbitration shall be as a last resort.

(j) Enterprise arrangements entered into directly between employees and employers shall be processed as follows, subject to the Industrial Relations Commission being satisfied in a particular case that departure from these requirements is justified:

(i) All employees will be provided with the current prescriptions (eg award, industrial agreement or enterprise agreement) that apply at the place of work.

(ii) The arrangement shall be committed to writing and signed by the employer, or the employer's duly authorised representative , with whom agreement was reached.

(iii) Before any arrangement is signed and processed in accordance with this principle, details of such arrangement shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member.

(iv) A union or employer association may, within 14 days thereof, notify the employer in writing of any objection to the proposed arrangements, including the reasons for such objection and in such circumstances the parties are to confer in an effort to resolve the issue.

(v) Where an arrangement is objected to by a union or employer association and the objection is not resolved, an employer may make application to the Industrial Relations Commission to vary an award or create a new award to give effect to the arrangement.

(vi) A union and/or employer association shall not unreasonably withhold consent to the arrangements agreed upon by the parties.

(vii) If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission to have the matter approved in accordance with paragraph (e) of this principle.

(viii) Such arrangement once approved shall be displayed on a notice board at each enterprise affected.

7. Redundancy

(a) Application -

(i) This clause shall apply in respect of full-time and part-time persons employed in the classifications specified in (i) of Table 1 - Wages, of Part B, Monetary Rates.

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

(iii) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iv) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(b) Introduction of Change -

(i) Employer's duty to notify -

(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

(ii) Employer's duty to discuss change -

(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i), of subclause (b), Introduction of Change, of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i) of subclause (b) of this clause.

(3) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(i) Discussions before terminations -

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (i) of subclause (b), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provisions of the said paragraph (i) of subclause (b) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(3) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(d) Termination of Employment -

(i) Notice for changes in production, programme, organisation or structure - this paragraph sets out the notice provisions to be applied to termination by the employer for reasons arising from production, programme, organisation or structure, in accordance with paragraph (i) of subclause (b), Introduction of Change, of this clause.

(1) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

Period of continuous service	Period of notice

Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(2) In addition to the notice above, employees above 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

(3) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(ii) Notice for technological change - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (i) of subclause (b) of this clause.

(1) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any act amending or replacing either of these Acts.

(iii) Time off during the notice period -

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(iv) Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(v) Statement of employment - the employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(vi) Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(vii) Centrelink Separation Certificate - The employer shall, upon request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

(viii) Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph (i) of subclause (b) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks of notice still owing.

(e) Severance Pay -

(i) Where the employment of an employee is to be terminated pursuant to subclause (d), Termination of Employment, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of service	Under 45 years of age
	Entitlement

Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(2) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of service	Under 45 years of age and over
	Entitlement

Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(ii) Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than contained in paragraph (i) of this subclause.

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect of paying the amount of severance pay in paragraph (i) of this subclause will have on the employer.

(iii) Alternative employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause if the employer obtains acceptable alternative employment for an employee.

(f) Savings Clause - Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefit or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award

8. Commitment to Training and Careers

The parties acknowledge that varying degrees of training are provided to employees in the Bootmaking Industry, through internal, on-the-job training and through external training providers.

The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where this is required.

It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees in the Bootmaking industry and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training.

The parties are committed to encouraging young people to view the Bootmaking industry as one which has the capacity to provide them with an interesting career as they progress not only through junior ranks but also as adults.

The parties agree to continue discussions on issues raised by the unions relating to training.

9. Supported Wage

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

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

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

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

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

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

(This clause does not apply to an existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provisions of this award relating to the rehabilitation of employees who are injured in the course of their current employment.)

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

(c) Supported Wage Rates - Employees to whom this clause applies shall be paid the appropriate percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing, according to the following schedule:

Assessed capacity	Percentage of prescribed
(subclause (d))	award rate

Percentage

*10	*10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

(Provided that the minimum amount payable shall not be less than $66.00 per week.)

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

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

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

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

(e) Lodgement of Assessment Document -

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

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

(f) Review of Assessment - The assessment of the appropriate percentage should be subject to annual review, or earlier on the basis of a reasonable request for a review. The process of review must be in accordance with the procedures for assessing capacity under the Supported Wage System.

(g) Other Terms and Conditions of Employment - Where an assessment has been made, the appropriate Percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

(h) Workplace Adjustment - An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other workers in the area.

(i) Trial Period -

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

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

(iii) The minimum amount payable to the employee during the trial period shall be no less than $66.00 per week.

(iv) Work trials should include induction or training as appropriate to the job being trialled.

(v) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into, based on the outcome of assessment under subclause (d) of this clause.

10. Contract of Employment

(i) Engagement - An employee may be employed as a weekly, part-time or casual employee.

(ii) Time and Payment of Wages - All wages shall be paid weekly except any commission, bonus or premium which shall be paid by the employer within 14 days of the time such commission, bonus or premium is earned to which the employee is entitled. Such payment shall be made on the same day of each week, which shall not be a Friday, a Saturday or a Sunday, and shall be made up to and including at least the second day preceding the day of payment; provided that in a week where an award holiday falls on the day in which wages are usually paid, payment thereof shall be made not later than the working day immediately preceding the award holiday. Other arrangements regarding payment may be made by agreement between the employer and the union. Notwithstanding the foregoing:

(1) Overtime shall be paid not later than a week from the second day succeeding the day on which it was earned. Provided that where an employee is paid fortnightly in accordance with paragraph (6) of this subclause, overtime worked in the second week of a pay period may be paid in the following pay period.

(2) Where employment is terminated an employee shall be paid forthwith all ordinary wages due and shall be paid all overtime and other moneys due within seven days of the date of the termination of employment.

(3) In the event of an employer not paying the said overtime and other moneys due at the time on which the employer has undertaken to pay them, the employer shall reimburse the employee all expenses the employee has incurred in attending to collect the amounts due.

(4) When an employee is required by an employer to wait beyond the ordinary ceasing time of the employee for payment of ordinary wages or, when an employee is terminated, to wait for payment of ordinary wages after the period of the termination for a period of more than 15 minutes, the employee shall be paid the employee's ordinary wages for the period during which the employee is so required to wait.

(5) Wages may be paid by electronic funds transfer. Provided that where wages are paid by electronic funds transfer additional costs associated with the introduction and operation of electronic funds transfer shall be paid for by the employer.

(6) Wages may be paid fortnightly provided that the employee is paid no later than the third day of the second week of the pay period.

(iii) Termination of Employment -

(a) In the case of misconduct justifying instant dismissal an employee may be instantly dismissed.

(b) In all other cases employment may be terminated by either party -

(1) during the first month of employment by a moment's notice;

(2) thereafter, by one week's notice or by the payment or forfeiture of one week's pay.

(c) Employment shall not be terminated, except for misconduct, while the employee is legitimately absent from duty on accrued sick leave.

(d) Termination Immediately Prior to Holiday - Subject to subclause (a) of clause 19, Public Holidays, an employee after more than two weeks' employment whose employment is terminated by the employer on the business day preceding a holiday or holidays, other than for misconduct, shall be paid for such holiday or holidays.

(e) Termination Prior to Christmas - Notwithstanding the provisions of paragraph (d) hereof an employee engaged on or after December 1 in any year whose employment finishes before Christmas Day and who is not re-employed within four weeks of Christmas Day by the same employer is not entitled to payment for the Christmas holidays.

(f) Certificate of Service - An employee who has been employed for not less than one month, on leaving or being discharged, shall, upon request, be entitled to a statement in writing containing the date when the employment began and the date of termination. The statement shall be the property of the employee and shall be returned unnoted by any subsequent employer, within seven days of the engagement.

(iv) Part-time Employment -

(a) Ordinary hours of work, exclusive of meal times, shall be the same as those prescribed for full-time employees but shall not in any case be less than four hours per day nor less than twelve hours per week nor more than 30 hours per week. Provided that where an employee's regular rostered work is in excess of 30 hours per week then such an employee shall be deemed to be a weekly employee and paid as such.

(b) Save for the meal times prescribed, all time between the actual commencing time and the actual ceasing time on any day shall count and shall be paid for as time worked.

(c) A part-time employee who works in excess of the hours prescribed under the weekly contract of employment of such an employee shall be paid overtime.

(d) An employee engaged on a part-time basis shall be entitled to pro rata payment in respect of annual leave, public holidays, sick leave and bereavement leave.

(e) Notwithstanding the provisions of this clause, the union and an employer may agree, in writing, to observe other conditions in order to meet special cases.

Notation: Subclause (iii) and subclause (iv) of this clause shall not apply to Apprentices or Trainees.

11. Saturday and Late Nights Penalty Rates and Loading in Shops

All ordinary hours worked by weekly and part-time employees in shops on Thursday or Friday nights between 7.00 p.m. and 9.00 p.m. or on Saturday shall be paid for at the rate of time and one-quarter, provided that employees shall not receive less than the amounts set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

12. Hours of Work - Shops

(i) The ordinary hours of work, exclusive of meal times, shall average 38 per week on not more than five days, Monday to Saturday, and be worked between the hours of:

(a) 7.00 a.m. to 7.00 p.m. - Monday, Tuesday, Wednesday;

(b) 7.00 a.m. to 9.00 p.m. - Thursday, Friday;

(ii) Provided that where employees cease working ordinary hours by 12 noon on Saturday, the 38 hours may be worked over five and a half days.

13. Hours of Work - Factory Or Workshop

(a) The ordinary hours of work shall be an average of 38 per week, Monday to Friday inclusive, between the hours of 7.00 am and 7.00 pm, spread over up to four weeks. Provided that this spread of hours may be altered by mutual agreement between the employer and the Union.

(b) Each employer may fix starting and finishing times for the employer's own establishment and such starting and finishing times, when fixed, shall not be altered except on fourteen days notice to the employees concerned.

14. Implementation of a 38-Hour Week

(a) Each full-time weekly employee shall be rostered so that the maximum number of hours that shall constitute an ordinary week's work without the payment of overtime shall not exceed on average 38 per week and may be worked in any one of the following forms:

(i) 38 hours in one week;

(ii) 76 hours in two consecutive weeks;

(iii) 114 hours in three consecutive weeks;

(iv) 152 hours in four consecutive weeks;

and shall be worked on not more than five days in any week, except in a shop where a five and one-half day week is worked in accordance with clause 12, Hours of Work - Shops.

(b) Provided that employees may be rostered their ordinary hours of work on five days of the week, Monday to Friday, in which case the above provisions shall not apply.

(c) In each establishment, an assessment shall be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned.

(d) In the absence of agreement, the procedure for resolving such a problem is as follows:

(i) Consultation shall take place within the particular establishment concerned.

(ii) If it is unable to be resolved at establishment level, the matter shall be referred to the State Secretary of the union concerned or the secretary's deputy, at which level a conference of the parties shall be convened without delay.

(iii) If the problem remains unresolved the matter shall be referred by either party to the Industrial Relations Commission of New South Wales.

15. Overtime

An employee shall be paid overtime for all work as follows:

(i)

(a) In excess of:

(A) 38 hours per week, or

(B) An average of 38 hours per week in accordance with clauses 12, Hours of Work - Shops, and 13, Hours of Work - Factory or Workshop.

(C) Five days per week, except in a shop where a five and one-half day week is worked in accordance with the said clause 12.

(D) 30 hours per week for a part-time employee, where that work is not done on a regular basis.

(b) Before an employee's regular commencing time on any one day.

(d) Outside the ordinary hours of work.

(e) Employees who work on their rostered day off or part-time employees who work on any day on which they would not normally work shall be paid at the rate of time and a half for the first two hours and at the rate of double time thereafter with a minimum payment of four hours at the overtime rate.

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

(ii) The rate of overtime shall be time and one-half for the first two hours on any one day and at the rate of double time thereafter.

(iii) Any portion of an hour less than thirty minutes shall be reckoned as thirty minutes and any portion of an hour over thirty minutes shall be reckoned as one hour, except where an employee is required to work after closing time to attend to customers then in the shop, or in connection with closing the shop, including the checking of cash received, when the time actually worked shall count.

(iv) By mutual agreement the rate of overtime may be time off in lieu of overtime provided that:

(a) Time off shall be calculated at the penalty equivalent.

(b) The employee is entitled to a fresh choice of payment or time off on each occasion overtime is worked.

(v) Subject to clause 15(iv)(a) an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.

(a) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

(b) For the purposes of 15(iv)(a) what is unreasonable or otherwise will be determined having regard to:

(i) any risk to employee health and safety;

(ii) the employee’s personal circumstances including any family and carer responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(v) any other relevant matter.

16. Meal Allowance

An employee who works overtime after 6.30 p.m. shall be paid, on such day, an amount as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as a meal allowance.

17. Meal Times

(i) An employee who works five ordinary hours or more on any day shall be allowed on such day a meal break of not less than 30 minutes and not more than one hour.

(ii) Provided that the meal breaks referred to in subclause (i) of this clause shall be given and taken so that no employee shall work more than five consecutive hours without a meal break, except where there is agreement between an employer and an employee, the period in which a meal break must be given and taken may be extended.

(iii) An employee who is required to work on any day later than 6.30 pm (other than in shops which close at 7.30 p.m.) shall be allowed not less than 30 minutes nor more than one hour for an evening meal on that day between 4.30 p.m. and 6.30 p.m.

(iv) To meet special cases mutual agreements may be made between an employer and employees regarding meal times, provided that in each case the union shall be advised of such arrangement.

18. Rest Pause

When and where it can be arranged conveniently by the employer each employee who works more than four hours on any day shall be allowed a rest pause of 10 minutes.

19. Public Holidays

(a) All weekly employees shall be entitled to the holidays hereinafter mentioned or any day observed in lieu thereof without deduction of pay:

New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Labour Day; Anzac Day; Queen's Birthday; Christmas Day; Boxing Day.

Whenever Christmas Day and Boxing Day or New Year's Day falls on a Saturday or Sunday the working day or days immediately following shall be observed in lieu thereof.

(b) In addition to the holidays prescribed in (a) above, weekly employees shall be entitled to an additional holiday without loss of pay which shall be the "August Bank Holiday".

Where an establishment remains open on the August Bank Holiday and an employee volunteers to work on that day, such employee shall be given either: an additional day off within 28 days or a day added to Annual Leave, or an additional day's pay to be decided by mutual agreement between the employer and employee.

An employer and an employee, or an employer and the majority of employees in an establishment, may agree to observe an alternative day as a holiday in lieu of the August Bank Holiday.

(c) An employee absent without leave on the day before or the day after any award holiday, shall be liable to forfeit wages for the day of absence as well as for the holiday, except where an employer is satisfied that the employee's absence was caused through illness, in which case wages shall not be forfeited for the holiday. Provided that an employee absent on one day only, either before or after a group of holidays, shall forfeit wages only for one holiday as well as for the period of absence.

(d) All work performed on the holidays named in subclause (a) of this clause shall be paid for at the rate of double time and a half.

(e) In a workshop or factory when an employee's services are terminated by the employer other than for malingering, inefficiency, neglect of duty or misconduct, in a period not exceeding one week before the day the establishment closes down for the Christmas period, the employee shall receive payment for the three public holidays, namely Christmas Day, Boxing Day and New Year's Day, on the same basis as if he/she were still in the employ of the employer.

(f) In a workshop or factory when an employee's services are terminated by the employer other than for malingering, inefficiency, neglect of duty or misconduct, in a period not exceeding one week before Good Friday, the employee shall receive payment for Good Friday, Easter Saturday and Easter Monday on the same basis as if he/she were still in the employ of the employer.

20. Proof of Age

Upon the engagement of an employee, such employee, if required to do so, must furnish to the employer a correct statement in writing, of the employee's age certified by a Statutory Declaration or Birth Certificate. When an employee cannot prove his or her age in the ordinary way a Passport, Military or Naval Discharge or Consular document shall be proof of age.

21. Tools

The employer shall provide and maintain all necessary tools, lasts, materials and bins used and required by each employee in the carrying out of the employee's duties.

22. Mixed Functions

An employee engaged for more than one half of the day on duties under this award carrying a higher rate of pay than the employee's classification shall be paid the higher rate of pay for such day. If for less than one half of one day the employee shall be paid the higher rate of pay for the time so worked.

23. Sick Leave

(a) A weekly employee who is absent from work on account of personal sickness or accident shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

(i) The employee shall not be entitled to be paid leave of absence for any period in respect of which the employee is entitled to Workers' Compensation.

(ii) Before the commencement of the employee's shift on such days, the employee shall inform the employer of inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence. If this provision cannot be met the employer may require the employee to furnish evidence in the form of a Statutory Declaration explaining the employee's failure to comply with this provision.

(iii) The employee shall prove to the satisfaction of the employer (or, in the event of the dispute, of the Industrial Committee) that the said employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

(iv) The employee shall not be entitled in the first year of any period of service, whether in the employ of one employer or of several, to leave in excess of 38 hours of working time which shall accumulate at the rate of 3.17 hours for each calendar month of service.

Provided that after the first year of service with an employer, the entitlement to sick leave shall be as follows:

In the second year of service	46 hours
In the third and subsequent years of service	61 hours

For the purpose of administering paragraph (iv) hereof an employer may, within one month of this award coming into operation or within two weeks of the employee's entering into employment, require an employee to make a sworn declaration or other written statement as to what paid leave of absence the employee has had from any employer during the then current year and upon such statement the employer shall be entitled to rely and act.

(b) Single Day Absences -

(i) In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only, such employee, if in the year the employee has already been allowed paid sick leave on two separate occasions for one day only, shall not be entitled to payment for the day claimed unless the employee produces to the employer a medical certificate as evidence that the said employee was unable to attend for duty on account of personal illness or on account of injury by accident. However, in lieu thereof an employer shall agree to accept from the employee a statutory declaration stating that the employee was unable to attend for duty on account of personal illness or on account of injury by accident.

(ii) If in any year, as defined in subclause (e) of this clause, an employee has accumulated an entitlement of 159.6 hours, such shall be allowed in that year four single day absences without the provision of a medical certificate.

(iii) Nothing in this subclause shall limit the employer's rights under paragraph (iii) of subclause (a) hereof.

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

An employer shall not avoid his obligations to pay sick leave by terminating an employee's employment while on paid sick leave if the termination has been made by the employer with the intention of avoiding any obligation imposed on him/her pursuant to this clause.

(d) Attendance at Hospitals, etc. - Notwithstanding anything contained in subclause (a) hereof an employee suffering injury through an accident arising out of and in the course of employment (not being an injury in respect of which the employee is entitled to workers' compensation) necessitating such employee's attendance during working hours on a doctor, chemist or trained nurse, or at a hospital shall not suffer any deduction from the employee's pay for the time so occupied on the day of the accident, and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.

(e) For the purpose of this clause the work "year" shall mean a period of twelve months commencing on the day on which the employment commenced.

24. Personal/Carer's Leave

(1) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 23, Sick Leave, of the award, for absences to provide care and support, for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(b) The employee shall, if required,

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

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

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

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

(ii) the person concerned being:

(a) a spouse of the employee; or

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

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

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

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

1. 'relative' means a person related by blood, marriage of affinity;

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

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

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

(2) Unpaid Leave for Family Purpose

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) above who is ill or who requires care due to an unexpected emergency.

(3) Annual Leave

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

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

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

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

(4) Time Off in Lieu of Payment for Overtime

(a) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of subclause (iv) of Clause 15, Overtime, the following provisions shall apply.

(b) 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.

(c) 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.

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

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

(5) Make-up Time

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

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

(6) Rostered Days Off

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

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

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

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

(7) Personal/Carers Entitlement for casual employees

(a) Subject to the evidentiary and notice requirements in paragraphs (b) and (d) of subclause (1) above 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 subparagraph (ii) of paragraph (c) of subclause (1) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

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

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

24A. Parental Leave

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

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 wished 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. Bereavement Leave

(a) An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in (c) below.

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

(c) 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 in 24(1)(c)(ii), provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(d) 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.

(e) Bereavement leave may be taken in conjunction with other leave available under (1), (2), (3), (4), (5) and (6) (as appearing) of clause 24. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operation requirement of the business.

(f) Bereavement Leave entitlements for casual employees

(i) Subject to the evidentiary and notice requirements in paragraphs (b) and (d) of subclause (1) of Clause 24 Personal/Carer’s Leave 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 subparagraph (ii) of paragraph (c) of subclause (1) of Clause 24 Personal/Carer’s Leave.

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

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

26. Blood Donor Leave

A weekly employee who is absent during ordinary working hours for the purpose of donating blood shall not suffer any deduction of pay up to a maximum of two hours on each occasion and subject to a maximum of four separate absences for the purpose of donating blood each calendar year.

Provided further that such employee shall arrange for the absence to be on a day suitable to the employer and be as close as possible to the beginning or ending of the employee's ordinary working hours.

Proof of the attendance of the employee at a recognised place for the purpose of donating blood, and the duration of such attendance, shall first be furnished to the satisfaction of the employer.

Further, the employee shall notify the employer as soon as possible of the time and date upon which such employee is requesting to be absent for the purpose of donating blood

27. Jury Service

An employee shall be allowed leave of absence during any period when required to attend for jury service.

During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's award rate of pay as if working.

An employee shall be required to produce to the employer proof of jury service fees received and proof of requirements to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

28. Annual Holidays

See Annual Holidays Act 1944.

29. Annual Holiday Loading

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

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

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

(iv) The loading is to be calculated in relation to any period of annual holiday under the Act (but excluding days added to compensate for public or special holidays falling on an employee's rostered day off not worked) or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vi) as to holidays taken wholly or partly in advance.)

(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) at the rate per week of 17-1/2 per cent of the appropriate ordinary weekly time rate of pay prescribed by subclauses (i), (iii), (iv) and (v) of clause 4, Monetary Rates for the classification in which the employee was classified when the loading is paid. Such wage shall also include payments, allowances and/or additional rates, where applicable, but shall not include other allowances, penalty rates, overtime rates or any other payments prescribed by this award.

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

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

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

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

(viii)

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

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

30. Travelling Time, Expenses, Fees, Etc.

(i) If an employee temporarily is transferred from one branch to another such employee shall be allowed any extra cost of travelling and shall be paid at ordinary rates for any excess time occupied in travelling.

(ii) Where an employee is required to work after the ordinary ceasing time prescribed by this award until it is too late to travel by train, omnibus, vessel, or other regular conveyance to the employee's usual place of residence, the employer shall provide either proper conveyance or the fare for such conveyance to the employee's usual place of residence.

(iii) An employee who attends an appropriate course of training at a technical college at the request of the employer shall be reimbursed at the completion of the course, if successful, the fees for such course.

31. Long Service Leave

Refer to the Long Service Leave Act 1955.

32. Cleaning Duties

(i) It shall be part of the employees' duties to perform cleaning functions incidental to their work. Without limiting the generality of the foregoing, the dusting of shelves and of stock, the sweeping up of string and wrapping around counters, the cleaning of implements and fixtures used in the work, and the cleaning (including vacuum cleaning) of the immediate work area, shall be so included.

(ii) An employee shall not be required to carry out systematic cleaning duties which go beyond the incidental functions as outlined in subclause (i) of this clause.

33. Dispute Settlement Procedure

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps.

(i) Procedure relating to a grievance of an individual employee:

(a) The employee shall 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.

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

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

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

(f) The employee may be represented by an Industrial Organisation of Employees for the purpose of each procedure.

(ii) Procedure for a dispute between an employer and the employees:

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

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

(d) 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 purpose of each procedure.

33A. Union Membership Fee Deduction

(i) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

(a) the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

(b) The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

(c) deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

(d) there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

(ii) The employer’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so. Such consent may form part of the written authorisation.

(iii) Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

(a) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

(b) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

(iv) Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

(v) The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly or monthly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.

(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

(vii) Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

(viii) This clause shall take effect:

(a) In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 21 March 2003;

(b) In the case of employers who do not fall within paragraph (a) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 21 June 2003;

34. Uniform Laundering Allowance

Where an employee is required by the employer to wear a uniform, cap, coat, overall, apron or other uniform dress, the same shall be provided by the employer and shall be laundered by that employer at the employer's expense. Provided that where, by mutual agreement, the laundering is done by the employee or the employer having refused, neglected or failed to launder the articles and laundering is done by the employee, the employee shall be paid an amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

35. Notations

(i) Annual Holidays - Refer Annual Holidays Act 1944.

(ii) Right of Entry - See Chapter 5, Part 7 of the Industrial Relations Act 1996.

36. Occupational Superannuation

(i) Definitions -

(a) "The Fund" for the purpose of this award shall be a fund prescribed by or pursuant to subclause (ii) of this clause.

(b) "Ordinary Time Earnings" in this clause means the employee's award rate of pay of this award including any overaward payments and/or merit payments and penalty rates (but excluding overtime, commission and occasional bonus payments).

(c) "Eligible Employee" means an employee employed under this award and engaged in classifications of employment defined in clause 2, Definitions, who is working in or in connection with a shop or in or in connection with a factory or workshop with six months continuous service with the employer who works as a full-time employee or part-time employee. In this clause of this award "employee" means eligible employee.

(d) "Eligible Employer" means an employer employing persons engaged in the classifications of employment defined in clause 2, Definitions, of this award.

(e) "Award" means the Bootmakers and Heel Bar Operatives, &c. (State) Award.

(ii) Funds - For the purpose of this clause funds into which payments are to be made shall be one of the following:

(a) Australian Superannuation Savings Employment Trust (ASSET), governed by a trust deed dated 14 October 1987 and includes any superannuation scheme which may be made in succession thereafter; or

(b) Retail Employees' Superannuation Trust (REST); or

(d) A superannuation scheme operated within a company covered by the said award, provided firstly the union and the members agree to the scheme as the fund to be used to comply with this clause and secondly that the company superannuation scheme conforms to the Commonwealth Government's operational standards for occupational superannuation funds. If the union does not agree the matter shall be referred to the Industrial Relations Commission of New South Wales.

(iii) Fund Membership -

(a) An employer shall apply to the trustees of the fund to become a participating employer in the fund.

(b) Each employee shall, upon the employer being accepted by the trustees of the fund, make application to become a member of the fund.

(iv) Contributions -

(a) An employer covered by this clause shall contribute to the fund in respect of each eligible employee an amount equal to 3 per cent of that employee's ordinary time earnings each week as an employee becomes "eligible" in accordance with subclause (i), Definitions, of this clause.

(b) Where an employee is absent on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee, in respect of the period of unpaid absence.

(c) Employees who may wish to make contributions to the fund additional to those being paid by the employer pursuant to paragraph (a) of this subclause shall be entitled to authorise the employer to pay into the fund from the employee's wages amounts specified by the employee.

Employees contributions to the fund requested under this subclause shall be made in accordance with the rules of the fund.

(v) Cessation of Contributions - The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee's employment with the employer.

(vi) Employer to Continue Participation - An employer who participates in the fund shall not cease participation in the fund whilst employing any employees.

(vii) Failure to Participate in the Fund - Where an employer has failed, pursuant to paragraph (a) of subclause (iii) of this clause, to make application to participate in the fund and upon acceptance by the trustees shall make an initial contribution to the fund, in respect of each employee, equivalent to the contribution which would have been payable under paragraph (a) of subclause (iv) of this clause, had the employer made application to participate in the fund and been accepted by the trustee prior to 1 January 1990, after which the employer shall then continue to make payments as prescribed by paragraph (a) of subclause (iv) of this clause. Other than for back payment of contributions, the employee shall not be entitled to:

(a) interest on contributions;

and/or

(b) death and disability cover,

until such time as the employer becomes a member of the fund, that is, the date of acceptance by the trustees.

(viii) Frequency of Payment - Each employer shall pay such contributions together with any employee deductions in accordance with the requirement of the trust deed of the fund.

(ix) Notations -

(a) No employer or employee shall be excluded from this clause on the basis of an existing voluntary superannuation arrangement.

(b) No employer shall be required to contribute an additional 3 per cent contributions as a result of the introduction of occupational superannuation set out in this clause if such employer has already commenced payment of a 3 per cent benefit in accordance with the wage fixing principles.

37. Technical College Fees for Apprentices

(i) The technical college or trades school fees and all other extra and special charges shall be paid by the employer.

(ii) Providing the technical college or trades school reports that the apprentice has been in attendance at the technical college or trades school for such period as the apprentice has been allowed leave of absence by their employer to attend, no deduction shall be made from the wage of the apprentice for such absence.

38. Supply of Tools

The employer shall provide apprentices with all tools of trade necessary in the course of their training. Such tools of trade shall, at the completion of the apprenticeship (but not before), become the personal property of the apprentice.

39. Anti-Discrimination

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

(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) 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.

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

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

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

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

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

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

NOTES

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

40. Area, Incidence and Duration

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Bootmakers and Heel Bar Operatives, &c. (State) Award published 31 August 2001 (327 I.G. 428), 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 4 February 2008.

It shall apply to all persons employed in the making of footwear to special order, bespoke bootmakers and repairers and heel bar operatives in the State excluding the County of Yancowinna.

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

PART B

MONETARY RATES

Table 1 - Wage Rates

Group No.	Description	Total Wage




		$
1	Heel Bar Operative	557.50
2	Boot or Shoe Repairer	577.50
3	Bespoke Bootmaker	592.50
4	Surgical Bootmaker	607.50

Table 2 - Other Rates and Allowances

Item No.	Clause No.	Brief Description	Amount
			$
1	4(ii)	Repair anatomical, surgical or orthopaedic boots	7.90 per week
		or shoes
2	11	Minimum loading
		- Adult	3.50
		- Junior	3.00
3	16	Meal Allowance	11.60
4	34	Uniform Allowance	5.00

Bespoke Bootmakers, &c. (State) Industrial Committee

Industries and Callings

1. There shall be a new Bespoke Bootmakers, &c. (State) Conciliation Committee for the industries and callings of -

All persons employed in the making of footwear to special order (bespoke bootmakers) and repairers and heel bar operatives in the State excluding the County of Yancowinna.

2. The said committee shall consist of two representatives of employers and two representatives of employees.

3. The representatives of employers shall be appointed, upon nomination as prescribed one by The Retail Traders Association of New South Wales and one by THE Footwear Repairers Association of New South Wales, alternate nominating rights, one by The Employers' Federation of New South Wales.

4. The representatives of the employees shall be appointed upon nomination as prescribed one by The Shop, Distributive and Allied Employees' Association, New South Wales, and one by The Shop Assistants and Warehouse Federation of Australia, Newcastle and Northern, New South Wales.

E. A. R. BISHOP, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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