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New South Wales Industrial Relations Commission
(Industrial Gazette)





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Margarine Makers (State) Award
  
Date04/11/2008
Volume365
Part2
Page No.490
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6494
CategoryAward
Award Code 440  
Date Posted04/10/2008

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(440)

(440)

SERIAL C6494

 

Margarine Makers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1543 of 2007)

 

Before Commissioner Bishop

5 February 2008

 

PART A

 

Clause No.         Subject Matter

 

1.         Hours

2.         Rates of Pay

3.         Casual Labour

3A.      Secure Employment

4.         Mixed Functions

5.         Overtime

6.         Meal Breaks

7.         Meal Allowances

8.         Sunday and Holiday Rates

9.         Recall

10.       Holidays

11.       Sick Leave

12.       Bereavement Leave

13.       Jury Service

14.       Annual Leave

15.       Long Service Leave

16.       Payment of Wages

17.       Termination of Employment

18.       Redundancy

19.       First-aid and Safety

20.       Personal/Carer's Leave

20A.    Parental Leave

21.       Rest Periods

22.       Amenities

23.       Protective Clothing

24.       Superannuation

25.       Grievance Procedure

26.       Anti Discrimination

26A.    Deduction of Union Membership Fees

26B.     Traineeships

27.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

1.  Hours

 

(i)         The ordinary hours of work prescribed herein shall not exceed 12 on any one day; provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between the employer, each individual employee and/or the majority of employees in the plant or work section or sections concerned.

 

(ii)        The ordinary hours of work, exclusive of meal times, shall be an average of 38 per week, Monday to Friday, worked as follows:

 

(a)        The hours to be worked will be between the span of hours 6.00 a.m. to 6.00 p.m.

 

(b)        Once having been fixed, the time for commencing and finishing work shall not be altered without at least seven days' notice to the employees concerned or by mutual agreement between the employer and such employees.  Where the majority of the employees and the employer so agree, the starting time may be varied to an earlier time.

 

(c)        The daily hours prescribed by paragraph (a) of this subclause may be altered by any employer with the consent of The Australian Workers' Union, New South Wales.

 

(iii)       Except as provided in subclauses (v) and (vi) of this clause, the 38-hour average week may be implemented in any one of the following ways:

 

(a)        by employees working less than eight ordinary hours each day;

 

(b)        by employees working less than eight ordinary hours on one or more days each week;

 

(c)        by fixing one weekday on which all employees will be off during a particular work cycle; or

 

(d)        by rostering the employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

 

(iv)       The method of working a 38-hour average week shall be at the discretion of the employer, who shall nominate which method prescribed in subclause (iii) of this clause shall apply.  However the employer shall not subsequently alter the method of implementation without advising the employee subject to the alteration at least seven days in advance of the date on which the altered method of implementation is to take effect.

 

(v)        Subject to the provisions of subclauses (i) and (ix) of this clause, should the employer and the majority of employees in any establishment agree, the ordinary working hours may exceed eight on any day to enable a weekday off to be taken more frequently than would otherwise apply.

 

(vi)       Different methods of implementation of a 38-hour week may apply to various groups or sections of employees in the plant or establishment concerned.

 

(vii)      Except as provided in subclause (viii) of this clause, in cases where an employee, in accordance with paragraphs (c) and (d) of subclause (iii) of this clause, is entitled to a day off during the employee’s work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday to be taken off.

 

(viii)

 

(a)        An employer, with the agreement of the majority of employees in any establishment, may substitute the day an employee is to take off in accordance with paragraphs (c) and (d) of subclause (iii) hereof for another day in the case of a breakdown in machinery, a failure or shortage of electric power to meet the requirements of the business, in the event of rush orders, or some other emergency situation.

 

(b)        An employee who is required by the employer to work on the scheduled day off in circumstances other than those in paragraph (a) of this subclause shall be paid overtime rates or be granted an alternative day off.  Such choice shall be at the option of the employee.

 

(c)        An individual employee, with the agreement of the employer, may substitute the day to be taken off for another day.

 

(d)        An employer may hold up to a maximum of five days accrued in accordance with paragraphs (c) and (d) of subclause (iii) of this clause. The accrued days are to be taken at a time mutually agreed between the employer and the employee.

 

(ix)       Shift Work-

 

(a)        Definitions

 

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

 

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

 

"Rotating Shifts" means a rostering system whereby shifts change from week to week.

 

(b)        The ordinary hours of shift workers shall be fixed by mutual agreement between the employer and the employee concerned, but shall not exceed 76 hours in any period of two consecutive weeks, or 114 hours in any period of three consecutive weeks, or 152 hours in any period of four consecutive weeks.

 

(c)        Where the employees are working shift work, the ordinary working hours on any shift shall not exceed eight.

 

(d)        The shift system shall provide for rotating shifts.

 

(e)        Shift workers shall be allowed a break of at least 20 minutes for the purposes of a crib, such time to be counted as time worked, but the crib time shall be taken in such a way so as not to interfere with work being carried on.

 

2.  Rates of Pay

 

(i)         Adult Employees - For work done during ordinary hours, an adult employee shall receive a base rate of pay assigned to the particular classification as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

An employee’s total rate of pay is inclusive of the rate of pay as set out in the said Table 1 and any applicable allowance as set out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Junior employees - The minimum rates of pay for junior employees shall be:

 

Percentage of the total wage

 

for "all others" in Part B per week

 

At 17 years of age

75

At 18 years of age

100

 

(iii)       Leading Hands - A leading hand appointed to be in charge of other employees shall be paid the amounts listed in Item 4 of the said Table 2, in addition to the rate prescribed by subclauses (i) and (ii) of this clause for the highest classification under his/her control.

 

(iv)       Employees required to remove grease, etc., from floors by using the Anderson Kerrick or similar steam method shall be paid an allowance in accordance with Item 1 of Table 2 in addition to their ordinary rate.

 

(v)

 

(a)        Employees engaged in cleaning pits, tanks, vats, sumps and/or drains shall be paid an allowance in accordance with Item 2 of Table 2.

 

(b)        Employees who are required to perform the above class of work and are so continuously employed shall, in lieu of the rates prescribed in paragraph (a) of this subclause, be paid an allowance in accordance with Item 2 of Table 2.

 

(vi)       Clothing Allowance - Employees who are not supplied with boots and overalls by the employer, free of charge, shall be paid an allowance in accordance with Item 3 of Table 2.

 

(vii)      Shift Work -

 

(a)        Employees on afternoon shift shall be paid 15 per cent and on night shift shall be paid 17.5 per cent in addition to their ordinary rates of pay, provided that a shift worker shall be paid at the rate of time and a half for all ordinary shift work performed on a Saturday.  Such rate shall be in substitution for, and not cumulative upon, the shift allowance provided by this paragraph.

 

(b)        Notwithstanding anything elsewhere contained in this subclause, employees required to work on a permanent afternoon shift shall be paid 15 per cent or, on a permanent night shift, 22.5 per cent in addition to the prescribed rate of pay.

 

(viii)     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 payment; and/or

 

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

 

3.  Casual Labour

 

(i)         Casual labour shall mean labour engaged by the hour.

 

(ii)        The minimum rate to be paid to all adult employees engaged in casual labour shall be 15 per cent, in addition to the hourly equivalent of their respective rate, as classified, with a minimum payment of four hours.

 

(Notation: The New South Wales Annual Holidays Act provides that casual employees under this award are entitled to receive an additional amount equal to one-twelfth of their ordinary time earnings in lieu of annual leave).

 

3A.  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 twelve 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 twelve months.  However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c)        Occupational Health and Safety

 

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

 

(1)        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2)        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(ii)        Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

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

 

(2)        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(iii)       Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(d)        Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(e)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

4.  Mixed Functions

 

(i)         An employee transferred temporarily from a higher paid to a lower paid class of work or from a lower paid to a higher paid class of work, shall be paid not less than the rate of wages prescribed for the higher class of work during such temporary employment, subject to the provisions of subclauses (ii) and (iii) of this clause.

 

(ii)        An employee transferred temporarily to a higher paid class of work for two hours or more on any one day shall be paid the higher rate of wages for the whole of such day.

 

(iii)       An employee transferred temporarily to a higher paid class of work for 20 hours or more in any one week shall be paid the higher rate of wages for the whole of such week.

 

5.  Overtime

 

(i)

 

(a)        All time worked in excess of the ordinary daily working hours prescribed in subclause (i) of clause 1, Hours, or in excess of the regular hours of shift workers, shall be deemed to be overtime and shall be paid for at the rate of time and one-half for the first two hours in any one day and double time thereafter:

 

(b)        However, continuous seven-day shift workers shall be paid double time for all work done outside the ordinary hours of their shifts.

 

(c)        Each day's overtime shall stand alone.

 

(ii)

 

(a)        When overtime is worked on a Saturday, the overtime rates shall be time and one-half for the first two hours and double time thereafter:

 

(b)        However, an employee required to work overtime after finishing the employee’s normal shift on a Saturday, in accordance with paragraph (a) of subclause (vii) of clause 2, Rates of Pay, shall be paid double time for such overtime.

 

(iii)       An employee working in place of another worker after having completed the said employee's own shift shall be paid overtime rates for such time worked.

 

(iv)

 

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

 

(b)

 

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

 

(ii)        If, on the instructions of their employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double time rates until released from duty for such period and shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours, when overtime is worked:

 

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

 

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

 

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

 

(v)        The roster of an employee shall not be changed from one shift to another without 48 hours' notice of such change being given and, in the absence of such notice, overtime rates shall be paid until the expiry of such notice.

 

(vi)       An employee required to work any period of overtime on a Saturday shall receive a minimum payment of four hours at overtime rates.

 

Notation: The provisions of this award, in particular this clause, shall be read in conjunction with the Occupational Health and Safety Act 2000.

 

(vii)      Reasonable Overtime

 

(a)        Subject to paragraph (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)        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.

 

(c)        For the purposes of paragraph (b) 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.

 

6.  Meal Breaks

 

(i)         A meal period of at least 30 minutes shall be allowed each day, Monday to Friday, inclusive. No person shall work more than five hours without being given a break for a meal.

 

(ii)        All work done on the instruction of the employer during the recognised meal time shall be paid for under the award's overtime provisions until such meal break is allowed.

 

7.  Meal Allowances

 

(i)         Any employee required to work overtime for any period in excess of one hour after the usual ceasing time either shall be supplied with a meal by the employer or shall be paid an allowance in accordance with Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and, if required to work in excess of four hours' overtime, either shall be supplied with a further meal or shall be paid an allowance in accordance with the said Item 5.

 

(ii)        This clause shall not apply when an employee has been notified the previous day of the intention to work overtime.

 

(iii)       If such an employee is notified on the previous day that he/she will be required to work overtime and, by reason of such notice has provided himself or herself with a meal and such overtime is cancelled, he/she shall be paid an allowance in accordance with Item 5 of Table 2.

 

8.  Sunday and Holiday Rates

 

(a)        For all work performed on Sunday, an employee shall be paid at the rate of double time, with a minimum payment for four hours at double time.

 

(b)        For all work performed on the holidays prescribed by clause 10, Holidays, an employee shall be paid at the rate of double time and a half, with a minimum payment for four hours at double time and a half.

 

9.  Recall

 

An employee, recalled from home to work overtime after having left the premises of the employer, shall be paid for a minimum of four hours at overtime rates.

 

10.  Holidays

 

(i)

 

(a)        The following days shall be holidays, namely;

 

New Year's Day,

 

Australia Day,

 

Good Friday,

 

Easter Saturday,

 

Easter Monday,

 

Anzac Day,

 

Queen's Birthday,

 

Labour Day,

 

Christmas Day and

 

Boxing Day

 

or any other days which may be proclaimed as public holidays and observed as such.  However, the day on which the Newcastle Show is held may be worked at ordinary rates even though such day is proclaimed as a public holiday.

 

(b)        The first Monday in March each year shall also be a holiday as the picnic day of The Australian Workers' Union, New South Wales, provided that a picnic is held.

 

(c)        An employer may require from an employee evidence of their attendance at the picnic and the production of the butt of the picnic ticket issued for the picnic shall be sufficient evidence of attendance. Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.

 

(ii)        No deduction shall be made from the wages of employees for such holidays; provided, however, that an employee absent the day before or the day after a holiday without reasonable excuse or without the employer's consent shall not be entitled to payment for such holiday.

 

11.  Sick Leave

 

An employee who, after not less than three months' continuous service in the current employment with the employer, is unable to attend for duty during their ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workers' Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998 or any successor legislation), not due to their own serious and wilful misconduct, shall be entitled to be paid at the ordinary-time rate for the time of such non-attendance, subject to the following:

 

(i)         The employee shall, as far as practicable, within 24 hours of the commencement of such absence, inform the employer of any 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.

 

(ii)        The employee shall prove to the satisfaction of the employer, by the production of a medical certificate or other satisfactory evidence, that the 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.

 

(iii)       Subject to subclauses (iv), (v) and (vi) of this clause, an employee shall be entitled to the following sick leave:

 

(a)        An employee in the first year of service shall be entitled to five days' sick leave per year.

 

(b)        An employee in the second year of service and thereafter shall be entitled to ten days' sick leave per year.

 

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

 

(v)        An employee of Unilever Australia Pty Limited or Vegetable Oils Pty Ltd shall not be entitled in any one year (whether in the employ of one or more employers) to sick leave in excess of that laid down by subclause (iii), paragraphs (a) and (b) inclusive; provided that accumulated sick leave taken by the employee with the employer shall not be regarded as sick leave taken in the current year.

 

(vi)       Service before the coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

 

(vii)      When an employee has completed three months' continuous service, that employee shall be entitled, retrospectively, to sick leave in accordance with this clause during that three months' continuous service.

 

(viii)     Vegetable Oils Pty Ltd is exempted from so much of this clause as will enable it to operate under an agreement between the said company and The Australian Workers' Union, New South Wales Branch, dated 19 April 1977, or any agreement replacing the said agreement."

 

12.  Bereavement Leave

 

(i)         An employee, other than a causal employee, shall be entitled to two days bereavement leave without deduction of pay, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to two days bereavement leave where the employee travels outside Australia to attend the funeral.

 

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

 

(iii)       Bereavement Leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subclause 20.1.3(ii) of clause 20, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses 20.2, 20.3, 20.4, 20.5 and 20.6 of the said clause 20. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vi)       Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 12(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 20.1.3 (ii) of clause 20, Personal/Carer's Leave.

 

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

 

 

 

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

 

13.  Jury Service

 

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

 

14.  Annual Leave

 

(i)         See Annual Holidays Act 1944.

 

(ii)        Seven-day Shift Workers -

 

(a)        In addition to their annual leave benefits prescribed by subclause (i) of this clause with regard to an annual holiday of four weeks, an employee who, during a year of employment with the employer with respect to which the employee becomes entitled to the said annual holidays, works as a continuous seven-day shift worker, shall be entitled to the additional leave as hereunder specified -

 

(1)        If, during a year of employment, the employee has served the employer continuously as such seven-day shift worker, the additional leave with respect to that year shall be one week.

 

(2)        Subject to subparagraph (4) of this paragraph, if, during a year of employment, the employee has served for only a portion of it as such seven-day shift worker, the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker.

 

(3)        Subject to subparagraph (4) of this paragraph, the employee shall be paid for such additional leave at the same rate and under the same conditions as provided in subclause (i) of this clause for their annual holiday of four weeks.

 

(4)        Where the additional leave calculated under this subclause is or includes a fraction of a day, such fraction shall be discharged by payment only and such payment shall be at the rate outlined in subparagraph (3) of this paragraph.

 

(5)        In this clause, reference to one week and one day shall include holidays and non-working days.

 

(b)        Where the employment of a worker has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday, with respect to a period of employment, the employee also shall be entitled to an additional payment for three and one-third hours at the annual leave rate of pay with respect to each 21 shifts of service as such seven-day shift worker which the employee has rendered during such period of employment.

 

(c)        In the case of an employee who was, at the commencement of their annual leave, employed as a seven-day shift worker as defined herein, one day shall be added to the employee’s annual leave period in respect of any holiday prescribed by this award which falls within the period of annual leave to which they are entitled under this award.

 

In addition to the foregoing, a seven-day shift worker who regularly works that 21st shift of his/her roster shall be paid the equivalent of time worked on that day when proceeding on annual leave.

 

(iii)       In addition to the entitlement accruing under subclauses (i) and (ii) of this clause during a period of annual leave, an employee shall receive a loading calculated on the rate of wage prescribed by clause 2, Rates of Pay.

 

The loading shall be calculated as follows:

 

(a)        Day Workers - An employee who would have worked on day work if not on leave - a loading of 17.5 per cent.

 

(b)        Shift Workers - An employee who would have worked on shift work, if not on leave - a loading of 17.5 per cent.

 

Provided that where the employee would have received shift loading, Saturday penalties and/or Sunday penalties as prescribed by this award had the employee not been on leave during the relevant period, and such loadings would have entitled the employee to a greater amount than the loading of 17.5 per cent, the shift loadings shall be added to the rate prescribed by the said clause 2 in lieu of the 17.5 per cent loading.

 

Alternatively, if the shift loadings would have entitled the employee to a lesser amount than the loading of 17.5 per cent, such loading of 17.5 per cent shall be added to the rate of wages prescribed by clause 2, in lieu of the shift loading.

 

15.  Long Service Leave

 

See Long Service Leave Act 1955. Exemption: This clause shall not apply to Colgate-Palmolive Pty Ltd in respect of employees who are now or subsequently become members of the Colgate-Palmolive Pty Ltd Staff Superannuation Plan. Liberty is reserved to the parties to apply in respect of this exemption.

 

16.  Payment of Wages

 

(i)         Wages shall be paid weekly on a day other than a Saturday, a Sunday or a holiday during working hours, such day not to be later than a Thursday; however, should such pay day fall on a Thursday which is a public holiday, such pay day shall be not later than one day prior to Thursday.

 

(ii)        The pay period shall close not more than two working days before the recognised payday. Any employee required to wait after the usual ceasing time to receive wages shall be paid at ordinary rates for all time kept waiting to be paid.

 

(iii)       Payment of wages may be made by cash, cheque or by electronic funds transfer to an individual employee’s account at a financial institution mutually agreed upon.

 

17.  Termination of Employment

 

(i)         After the first week's service all employees, other than casual employees, shall be paid by the week.

 

(ii)        Employment shall only be terminated by one week's notice on either side or by the payment or forfeiture of one week's wages in lieu thereof, provided that an employee may be discharged without notice at any time for misconduct or refusal of duty.

 

18.  Redundancy

 

(1)        Application -

 

(i)         This award shall apply in respect of persons employed in the classifications listed in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

(ii)        In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the term of paragraph (i) of subclause (4) of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this award, 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 award, 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.

 

(2)        Introduction of Change -

 

(i)         Employer's Duty to Notify - Where an employer has made a definite decision to introduce major changes in production, programme, 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.

 

"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.

 

Provided that where this award makes provision for alteration, it shall be deemed not to have significant effect.

 

(ii)        Employer's Duty to Discuss Change -

 

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

 

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

 

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

 

(3)        Redundancy - Discussions Before Terminations -

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (i) of subclause (2), Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reason 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.

 

(c)        For the purpose of the discussions 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, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

(4)        Termination of Employment -

 

(i)         Notice for Changes in Production, Programme, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation, mechanisation or structure, in accordance with paragraph (i) of subclause (2), Introduction of Change:

 

(a)        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

 

(b)       In addition to the notice above, employees over 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.

 

(c)        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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology in accordance with paragraph (i) of the said subclause (2):

 

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

 

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

 

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

 

(iii)       Time Off During the Notice Period -

 

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

 

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

 

(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 (or any relevant successor entity) - 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 receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by the Centrelink or any relevant successor entity.

 

(viii)     Transfer to Lower-paid Duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph (i) of subclause (2), Introduction of Change, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

 

(5)        Severance Pay -

 

(i)         Where an employee is to be terminated pursuant to subclause (4), Termination of Employment, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

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

 

Years of Service

Under 45 Years Of Age Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

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

 

Years of Service

45 Years of Age and Over Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

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 year

15 weeks

5 years and less than 6 years.

17.5 weeks

6 years and over

20 weeks

 

(c)        "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

 

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

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect 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 the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.

 

(6)        Savings Clause - Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industrial organisation of employees and any employer bound by this clause.

 

19.  First-Aid and Safety

 

(i)         The employer shall provide and shall maintain a suitably equipped first-aid outfit at all places of work to which this award applies.

 

(ii)        Any employee appointed by the employer to perform first-aid duties shall be paid, in addition to the ordinary rate, an amount as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(iii)       Not less than two employees shall be employed hand-stacking full drums of 44 gallons capacity. They shall not be stacked more than one high, unless lifting gear is used.

 

(iv)       Not less than one employee, who is qualified to render first aid to the injured, shall be on duty and available to give any necessary treatment.

 

20.  Personal/Carer's Leave

 

20.1      Use of Sick Leave -

 

20.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 20.1.3 (ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 11, 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.

 

20.1.2   The employee shall, if required,

 

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

 

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

 

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

 

20.1.3   The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Where the parties are unable to reach agreement the disputes procedure at clause 25, Grievance Procedure, should be followed.

 

20.2      Unpaid Leave for Family Purpose -

 

20.2.1   An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 20.1.3 (ii) above who is ill or who requires care due to an unexpected emergency.

 

20.3      Annual Leave -

 

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

 

20.3.2   Access to annual leave, as prescribed in paragraph 20.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

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

 

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

 

20.4      Time Off in Lieu of Payment for Overtime -

 

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

 

20.4.2   Overtime taken as time off during ordinary-time hours shall be taken at the loaded time rate, that is, an hour multiplied by the appropriate overtime rate.

 

20.4.3   If, having elected to take time as leave in accordance with paragraph 20.4.1, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

20.4.4   Where no election is made in accordance with paragraph 20.4.1, the employee shall be paid overtime rates in accordance with the award.

 

20.5      Make-up Time -

 

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

 

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

 

20.6      Rostered Days Off -

 

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

 

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

 

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

 

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.

 

20.7      Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 20.1.2 and 20.14 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 20.1.3 (ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

20a.  Parental Leave

 

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

 

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

 

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

 

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

 

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

 

(3)        Right to request

 

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

 

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

 

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

 

(iii)       to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

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

 

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

 

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

 

(d)        Request to return to work part-time

 

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

 

(4)        Communication during parental leave

 

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

 

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

 

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

 

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

 

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

 

21.  Rest Periods

 

A rest period of ten minutes, which shall be counted as working time, shall be allowed to all employees during both the morning and afternoon of each day, to be arranged at a time convenient to the employer.

 

22.  Amenities

 

The employer shall provide adequate dressing room, washing and toilet accommodation in accordance with the requirements of the Occupational Health and Safety Legislation and regulation or any relevant successor legislation.

 

23.  Protective Clothing, Etc.

 

(i)         Suitable waterproof coats shall be provided free of cost by the employer for the use of employees who are required to work in the open in wet weather.  Such coats, when provided, shall remain the property of the employer.

 

(ii)        Where necessary, employees washing drums, handling acids or caustic soda shall be provided with suitable gumboots and/or gloves or goggles.

 

(iii)       Suitable protective clothing in the form of overalls, boots or shoes shall be supplied to an employee where the nature of the work requires such protective clothing to be worn.

 

(iv)       All protective clothing supplied under this clause shall remain the property of the employer and, if an employee leaves the employment of such employer without returning such protective clothing, the employer may deduct from any moneys owing at the time of termination an amount representing the value of such protective clothing not returned.

 

24.  Superannuation

 

(a)        the Subject of Superannuation Contributions is Dealt With Extensively By Legislation Including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. the Legislation, as Varied from Time to Time, Governs the Superannuation Rights and Obligations of the Parties.

 

(b)        The employer shall be a participating employer in any of the following funds:

 

Australian Public Superannuation (APS)

 

Australian Superannuation Savings Employment Trust (ASSET)

 

and shall participate in accordance with the Trust Deed of that fund.

 

(c)        The employer shall contribute to the Fund in accordance with the legislation provided that employer contributions do not fall below 3% of ordinary time earnings:

 

NOTATION: Employer contributions under relevant legislation are set at 7% until 30 June 2000, when they will increase to 8% and a final adjustment of 9% from 1st July 2002

 

(d)        The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund as soon as practicable.

 

(e)        An employee may make contributions to the fund in addition to those made by the employer. Such employee may either forward their own contribution directly to the fund trustees or authorise the employer to pay into the fund from the employee’s wage an amount specified by the employee.

 

(f)         An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.

 

(g)        An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions as soon as practicable after the receipt of the authorisation.

 

(h)        All contributions shall be made at the completion of each calendar month, or at such other times and in such other manner as may be agreed in writing between the Trustee and the employer.

 

(i)         Ordinary time earnings shall be defined as including:

 

(i)         Award classification rate

 

(ii)        overaward payment

 

(iii)       Shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime

 

(iv)       Casual loading in respect to casual employees including 1/12th Annual Holiday Loading.

 

Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.

 

25.  Grievance Procedure

 

The procedure for the resolution of industrial disputation will be in accordance with the Industrial Relations Act 1996. These Procedural steps are:

 

(i)         Procedure relating to grievances of individual employees -

 

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

 

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

 

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

 

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

 

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

 

(f)         The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedure relating to disputes, etc., between employers and their 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 limits must be allowed for discussion at each level of authority.

 

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

 

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

 

26.  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 (NSW) it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(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 (NSW)

 

(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.

 

Note:

 

(1)        Employers and Employees may also be subject to commonwealth anti-discrimination legislation.

 

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

 

"Nothing in the Act effects ... 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.

 

26A.  Deduction of Union Membership Fees

 

(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 employee'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, monthly or quarterly, 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)     The above variations shall take effect:

 

(a)        In the case of employers who 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 full pay period to commence on or after 17 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 full pay period to commence on or after 17 June 2003;

 

(c)        For all other employers, from the beginning of the first full pay period to commence on or after 17 September 2003.

 

26B.  Traineeships

 

As to traineeships for persons covered by this award, see the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569) or any successor thereto.

 

27.  Area, Incidence and Duration

 

(a)        This award shall apply to all employees classified herein and employed within the scope of the Industries and Callings of this award.

 

(b)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Margarine Makers (State) Award published 24 August 2001 (327 I.G. 163), as varied.

 

(c)        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 5 February 2008.

 

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

 

Industries and Callings

 

All persons employed in the manufacture of margarine in the State, excluding the County of Yancowinna; excepting employees employed in abattoirs, meat works, slaughterhouses and meat preserving works in the County of Cumberland; and excepting also engine drivers and firemen, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines, electrical crane, winch and motor drivers.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classification

Former Rate

SWC 2007

Total Rate

 

$

$

$

Refinery Operator and Process Operator (96%)

579.50

20.00

599.50

Assistant Refinery Operator and Seeding Plant

 

 

 

Operator (92.4%)

564.50

20.00

584.50

Assistant Seeding Plant Operator, Assistant Process

 

 

 

Plant Operator and Packaging Plant Operator (89%)

554.10

20.00

574.10

All Others (83%)

525.90

20.00

545.90

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Brief Description

Current

SWC

No.

No.

 

Amount

2007

 

 

 

 

Amount

 

 

 

$

$

1

2(iv)

Removing grease by Anderson Kerrick or similar

0.43

0.45

 

 

Steam method per hour

 

 

2

2(v)(a)

Cleaning pits, tanks, vats, sumps and/or drains per hour

0.75

0.78

 

2(v)(b)

Continuously employed in the above per week

17.50

18.20

3

2(vi)

Clothing Allowance per week

2.30

2.35

4

2(iii)

Leading Hands (per week)

 

 

 

 

(a)

in charge of 3 to 6 employees

19.40

20.20

 

 

(b)

in charge of 7 to 10 employees

24.20

25.20

 

 

(c)

in charge of 11 to 15 employees

28.90

30.10

 

 

(d)

in charge of more than 15 employees

36.10

37.50

5

7(i)

Meal Allowance

 

 

 

 

(a)

in excess of 1 hours overtime

8.50

8.80

 

 

(b)

in excess of four hours overtime

8.50

8.80

 

 

(c)

with notice of overtime

8.50

8.80

6

19

First Aid Allowance per day or shift

2.45

2.55

 

Note: These allowances are contemporary for expense related allowances as at 30 March 2007 and for work related allowances are inclusive of adjustment in accordance with the June 2007 State Wage Case Decision of the Industrial Relations Commission of New South Wales.

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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