Nut
Food 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 1549 of 2007)
|
Before Commissioner
Bishop
|
21 February 2008
|
REVIEWED
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Hours
3. Anti-discrimination
4. Rates of
Pay
5. Contract
of Employment
5A. Secure
Employment
6. Labour
Flexibility
7. Training
8. Training
Wage
9. Utilisation
of Skills
10. Consultative
Mechanism
11. Mixed
Functions
12. Overtime
13. Meal
Breaks
14. Meal
Allowances
15. Sunday and
Holiday Rates
16. Recall
17. Holidays
18. Sick Leave
19. Personal
Carer's/Family Leave
20. Bereavement
Leave
21. Jury
Service
22. Annual
Leave
23. Long
Service Leave
24. Parental
Leave
25. Payment of
Wages
26. First-aid
and Safety
27. Grievance
Procedures
28. Amenities
29. Protective
Clothing
30. Redundancy
31. Superannuation
32. Deduction
of Union Membership Fees
33. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Hours
(i) Day Work -
(a) The ordinary
hours of labour shall be 40 per week, to be worked in five days, Monday to
Friday. The ordinary hours of work prescribed herein shall not exceed ten on
any 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.
(b) The starting
and finishing times shall be between the hours of 6.00 a.m. and 6.00 p.m.,
Monday to Friday, inclusive. Such hours shall be worked continuously, except
for meal breaks.
(ii) Shift Work -
(a) The ordinary
hours of shift workers shall be fixed by mutual agreement between the employer
and the employee concerned, but shall not exceed 80 in any period of two
consecutive weeks, or 160 in any period of four consecutive weeks.
(b) Where the
employees are working on shift work, the ordinary working hours on any shift
shall not exceed ten on any 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.
(c) 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 the work being carried out.
3.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or practice
of 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.
(v) 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."
4. Rates of Pay
(i) Adult
Employees - The minimum rate of pay for adult employees in each classification
shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.
(ii) Junior
Employees - The minimum rates of pay for junior employees shall be as set out
in the said Table 1.
The rates of pay for juniors prescribed in this
subclause shall be calculated to the nearest five cents, any broken part of
five cents in the result not exceeding two and a half cents to be disregarded.
(iii) Leading Hands
- A Leading Hand appointed in charge of other employees shall be paid as set
out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, in addition to the rate prescribed by subclauses (i) and (ii) of this
clause, for the highest classification under the employee’s control.
(iv) Shift Work -
(a) An employee on
afternoon shift shall be paid 15 per cent and on night shift shall be paid 25
per cent in addition to his/her 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 in addition to, the shift allowance.
(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 25 per cent,
in addition to the prescribed rate of pay.
(v) 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.
5. Contract of
Employment
(i) Weekly
Employment - Except as hereinafter provided, employment shall be by the
week. Any employee not specifically
engaged as a casual employee shall be deemed to be employed by the week.
(ii) Termination
of Employment - Employment shall be terminated by a week's notice on either
side, given at any time during the week, or by the payment or forfeiture of a
week's wages, as the case may be. Provided that during the first month of
full-time or part-time employment the contract of employment shall be of a
probationary nature.
This shall not affect the right of the employer to
dismiss any employee without notice for malingering, inefficiency, neglect of
duty or misconduct and, in such cases, the wages shall be paid up to the time
of dismissal only.
Where an employee has given or been given notice as
aforesaid, the employee shall continue in employment until the date of the
expiration of such notice. Any employee who, having given or been given notice
as aforesaid, without reasonable cause (proof of which shall lie on the
employee) is absent from work during such period, shall be deemed to have
abandoned employment and shall not be entitled to payment for work performed
within that period.
(iii) Casual Labour
-
(a) Casual labour
shall mean labour engaged by the hour when the number of hours does not extend
to 40 in any week during which the employee is engaged, with a minimum payment
of four hours.
(b) The minimum
rate to be paid to all adult employees engaged as casual labour shall be 15 per
cent, in addition to the hourly equivalent of their respective rate as
classified.
(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)
(iv) Part-time
Employees -
(a) A part-time
employee shall mean an adult employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by weekly employees, but such days shall not be less than two per week and such
hours shall not be less than 12 per week or more than 30.
(b) The spread of
ordinary hours of part-time employees shall be as set out in clause 2, Hours,
and their hourly rate equal to the appropriate weekly rate divided by 40.
(c) Notwithstanding
anything elsewhere contained in this award, the provisions of this award with
respect to annual leave, annual leave loading, sick leave, jury service, bereavement
leave, parental leave and holidays shall apply to part-time employees on a pro
rata basis for each employee in proportion to the normal ordinary hours worked
by weekly employees.
(v) Abandonment of
Employment - The absence of an employee from work for a continuous period
exceeding three working days without the consent of the employer and without
notification to the employer shall be prima facie evidence that the employee
has abandoned employment. Provided that:
(a) If, within a
period of 14 days from the employee’s last attendance at work or the date of
his/her last absence in respect of which notification has been given or consent
has been granted, an employee has not established to the satisfaction of the
employer that he/she was absent for reasonable cause, the employee shall be
deemed to have abandoned their employment.
(b) Termination of
employment by abandonment in accordance with this subclause shall operate
as from the date of the last attendance at work or the last
day's absence in respect of which consent was granted, or the date of the last
absence in respect of which notification was given to the employer, whichever
is the later.
5A. 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.
6. Labour Flexibility
(i) For the
purposes of increasing productivity and flexibility, as well as enhancing
career opportunities for employees, it is agreed that the employees will
perform a wider range of duties, including work which is incidental or
peripheral to their main tasks or functions and is within the scope of their
skills and competence.
(ii) Subject to
the terms of agreement at the enterprise level, employees are to undertake
training for a wider range of duties and for access to higher classification.
(iii) The parties
will not create barriers to advancement of employees within the award
structure.
(iv) The parties
will co-operate in the transition from the old structure to the new structure
in an orderly manner, without creating false expectations or disputation.
7. Training
(i) The parties
to this award recognise that, in order to increase the efficiency, productivity
and competitiveness of the industry, a greater commitment to training and skill
developments is required. Accordingly, the parties commit themselves to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(c) removing
barriers to the utilisation of skills acquired.
(ii) Following
proper consultation, an employer shall develop a training program consistent
with:
(a) the current
and future skill needs of the industry;
(b) the size,
structure and nature of operation in the industry;
(c) the need to
develop vocational skills relevant to the industry and the snack food industry
through courses conducted by accredited
educational institutions and providers and through on-site courses.
(iii)
(a) Where, as a
result of consultation with the employee(s) concerned, it is agreed that
additional training in accordance with the program developed pursuant to
subclause (ii) of this clause should be undertaken by an employee, that
training may be undertaken either on or off the job. Provided that if the
training is undertaken during ordinary working hours, the employees concerned
shall not suffer any loss of pay. The employer shall not unreasonably withhold
such paid training leave.
(b) Any costs
associated with standard fees for prescribed courses and prescribed textbooks (excluding
those textbooks which are available in the employer's Technical Library),
incurred in connection with the undertaking of training, shall be evidence of
such expenditure. Provided that
reimbursement shall also be on an annual basis, subject to the presentation of
reports of satisfactory progress.
(c) Travel costs
incurred by employees undertaking training in accordance with this clause which
exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
(iv) Any disputes
arising in relation to subclauses (i) and (iii) of this clause shall be subject
to the provisions of clause 27, Grievance Procedures.
8. Training Wage
See the AWU Training Wage (State) Award 2002 published 5
April 2002 (332 I.G. 522), as varied, or any successor industrial instrument.
9. Utilisation of
Skills
(i) Employees
shall be employed to carry out such duties as may be directed by an employer
from time to time, subject to their skills and competence and training.
(ii) Any employee
may, at any time, carry out such duties and use such tools and equipment as may
be directed by an employer, provided that the employee has been properly
trained in the use of such tools and equipment.
(iii) Any direction
given by an employer in accordance with subclauses (i) and (ii) of this clause
shall be consistent with the employer's obligations under the Occupational
Health and Safety Act 2000.
(iv) Disputes
arising in relation to the operation of this clause shall be dealt with in
accordance with clause 27, Grievance Procedures, following prior consideration
of the issue.
10. Consultative
Mechanism
Enterprises covered by this award shall establish, between
the employer and employee(s) and/or the union, consultative mechanisms and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
11. Mixed Functions
(i) Should any
employee be 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, such employee shall
be paid not less than the rate of wages prescribed for the higher class of work
during such temporary employment.
(ii) Notwithstanding
subclause (i) of this clause:
(a) an employee
transferred temporarily to a higher paid class of work for four hours or more
on any one day shall be paid the higher rate of wages for the whole of such
day,
(b) 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.
12. Overtime
(i)
(a) All time
worked in excess of the ordinary daily working hours prescribed in subclause
(i) of clause 2, Hours, or in excess of the regular hours of shift workers, shall be deemed to be overtime.
(b) All such
overtime 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, excepting those employees
specified in paragraph (c) of this subclause.
(c) Continuous
seven-day shift workers shall be paid double time for all work done outside the
ordinary hours of their shifts.
(d) Each day's
overtime shall stand alone.
(ii) 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; provided that an employee required
to work overtime after finishing his/her normal shift on a Saturday in
accordance with paragraph (a) of subclause (iv) of clause 4, Rates of Pay,
shall be paid double time for such overtime.
(iii) An employee
required to work in place of a shift worker, after having completed his/her 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) An employee
(other than a casual employee) who works so much overtime between the
termination of his/her ordinary work on one day and the commencement of his/her
ordinary work on the next day so that he/she 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 he/she has had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(c) If, on the
instructions of the employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty, the employee shall be
paid at double rates until released from duty for such period. Further, the
employee shall then be entitled to be absent until he/she has had ten
consecutive hours off duty without loss of pay for ordinary working time occurring
during such absence.
(d) 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:
(1) for the
purpose of changing shift rosters; or
(2) where a shift
worker does not report for duty and a
day worker or shift worker is
required to replace such shift worker; or
(3) where a shift
is worked by arrangement
between the employees themselves.
(4) The roster of
an employee shall not be changed from one shift to another without 48 hours'
notice of such change; rates shall be paid until the expiry of such notice.
(5) An employee
required to work any period of overtime on a Saturday shall receive a minimum
payment of four hours at overtime rates.
(v)
(a) In computing
overtime, each day's work shall stand alone.
(b) Time worked
outside the fixed hours of that day by a worker arriving late is to be
considered ordinary time until the worker has worked the normal number of
rostered hours for that day.
(c) Subject to
genuine agreement between an employer and employee, an employee may elect to
take time off in lieu of payment for ordinary hours of work performed outside
the fixed commencing and ceasing time for ordinary hours. In such cases, the time off shall be calculated
on the basis of the penalty prescribed for work outside the fixed ordinary
hours.
(vi) 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:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
13. Meal Breaks
(i) A period of
at least 30 minutes for a meal shall be allowed each day, Monday to Friday,
inclusive. An employee shall not be
required to work for more than five hours without a break for a meal. Provided
that, by agreement between an employer and each individual employee and/or the
majority of employees in the enterprise work section or sections concerned, an
employee or employees may be required to work in excess of five hours, but not
more than six hours, at ordinary pay without a meal break.
(ii) The time of
taking a scheduled meal break by one or more employees may be altered by the
employer if it is necessary to do so in order to meet a requirement for
continuity of operations.
(iii) Subject to
subclause (i) of this clause, the employer may stagger the time of taking a
meal and rest break to meet operational requirements.
(iv) Subject to the
provisions of subclause (i) of this clause, an employee employed as a regular
maintenance person shall work during meal breaks at ordinary rates of pay
whenever instructed to do so for the purpose of making good breakdown of plant
or upon routine maintenance of plant which can be done whilst such plant is
idle.
(v) Work done during any period of the recognised
meal time shall be paid for at
the rate of time and one-half and such rate shall
continue to be paid until a meal break is allowed.
14. 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 the sum as set out in Item 2 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 the
sum as set out in the said Item 2.
(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 have organised a meal and such overtime
is cancelled, he/she shall be allowed the sum as set out in Item 2.
15. Sunday and
Holiday Rates
(i) For all work
performed on a Sunday, an employee shall be paid at the rate of double time,
with a minimum payment of four hours' pay at double time.
(ii) For all work
performed on the holidays prescribed by clause
17, Holidays, an employee shall
be paid at the rate of double
time and a half, with a
minimum payment of four hours' pay
at double time and a half.
16. Recall
An employee, recalled from home to work overtime after
having left the premises of the employer, shall be paid a minimum of four hours
at overtime rates.
17. Holidays
(i)
(a) The following
days shall be holidays:
New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas
Day, Boxing Day,
and 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 also shall be a holiday as the picnic day of the
Australian Workers’ Union, New South Wales, provided that a picnic is held.
(c) 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.
(ii) An employer
may require from an employee evidence of the employee’s 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.
18. Sick Leave
An employee who, after not less than three months'
continuous service in his/her current employment with the employer, is unable
to attend for duty during his/her ordinary working hours by reason of personal
illness or personal incapacity
(including incapacity resulting from injury within the Workers'
Compensation Act 1987), not due to the employee’s own serious and wilful
misconduct, shall be entitled to be paid at the ordinary-time rate of pay for
the time of such non-attendance, subject to the following:
(i) Where the
employee is unable to attend for duty, the employee will endeavour to inform
the employer within two hours of the commencing time, in order to allow the
employer to engage a replacement for the period of such non-attendance.
(ii) The employee
shall, within 24 hours of the commencement of such absence, inform the employer
of his/her 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.
(iii) 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.
(iv) Subject to
subclauses (v) and (vi) of this clause, an employee shall be entitled to the
following sick leave:
(a) An employee in
his/her first year of service shall be entitled to five days' sick leave per
year.
(b) An employee in
his/her second year of service and thereafter shall be entitled to ten days'
sick leave per year.
(v) 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.
(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 taken in accordance with this clause
during that three months' continuous service.
19. Personal Carer's/Family
Leave
(i) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 19(1)(c)(ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 18, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the
person concerned; and
(2) the person
concerned being:
1. a spouse of
the employee; or
2. a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally married to that person; or
3. a child or an
adult child (including an adopted child, a step- child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
4. a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
5. a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(A) "relative"
means a person related by blood,
marriage or affinity;
(B) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(C) "household"
means a family group living in the same
domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 27, Grievance Procedures, should be followed.
(ii) 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
19(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency.
(iii) Annual Leave
-
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(d) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
(iv) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (b) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (b), the employee shall
be paid overtime rates in accordance with the award.
(v) 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.
(vi) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union, which is both party to the
award and which has 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.
(vii) Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 19(1)(b) and 19(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 19(1)(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
20. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to a maximum of 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, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (2) of paragraph (c) of subclause (i) of clause 19, Personal
Carer's/Family 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
(ii), (iii), (iv), (v) and (vi) of the said clause 19. 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 20(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
19(1)(c)(ii) of clause 19, Personal Carer's/Family 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.
21. Jury Service
An employee required to attend for jury service during
his/her ordinary working hours shall be reimbursed by the employer an amount
equal to the difference between the amount paid in respect of attendance for
such jury service and the amount of wage the employee would have received in
respect of the ordinary time the employee would have worked had he/she not been
on jury service.
22. Annual Leave
(i) See Annual
Holidays Act 1944.
(ii) Seven-day Shift
Workers -
(a) In addition to
the 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 he/she has become 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 that year 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 the
said subparagraph (4), 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 the employee’s 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 an employee has been terminated and that 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 said
employee shall also 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 he/she has rendered during such
period of employment.
(c) In the case of
an employee who was, at the commencement of his/her annual leave, employed as a
seven-day shift worker as defined herein, one day shall be added to his/her
annual leave period in respect of any holiday prescribed by this award which
falls within the period of annual leave to which the employee is entitled under
this award.
In addition to the foregoing, a seven-day shift worker
who regularly works the 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 wages prescribed in clause 4, Rates of Pay.
The loading shall be calculated as follows:
(a) Day Workers -
An employee who would have worked on day work only had he/she not been on leave
- a loading of 17.5 per cent.
(b) Shift Workers
- An employee who would have worked on shift work had he/she not been on leave
- a loading of 17.5 per cent.
Provided that where the employee would have received
shift loadings, Saturday penalties and/or Sunday penalties as prescribed by
this award had he/she not been on leave during the relevant period, and such
loadings would have entitled him/her 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 4 in lieu of the 17.5 per cent loading.
Provided further, that if the shift loadings would have
entitled him/her 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 4 in lieu of the shift loading.
23. Long Service
Leave
See Long Service Leave Act 1955.
24. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
25. Payment of Wages
(i) All wages and
overtime shall be paid, in the employer's time, not later than Friday in each
week. Furthermore, such payment by the
employer may be made by cheque or by the employer transferring the amount due
into an individual employee's account at the bank of the employee's choice, in
the following cases:
(a) where the
majority of employees and the employer agree;
(b) by individual agreement between
an employer and any
particular employee;
(c) at the employer's discretion, for any new
employee entering into the
industry after the date of hearing.
26. First-Aid and
Safety
(i) Adequate
first-aid facilities shall be provided by the employer. (See Occupational
Health and Safety Regulation 2001)
(ii) Where an
employee is required by the employer to act as a first-aid attendant, the
employee shall be paid as set out in Item 3 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
27. Grievance
Procedures
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 (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 its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by 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.
28. Amenities
The employer shall provide adequate dressing room, washing
and toilet accommodation in accordance with the requirements of the
Occupational Health and Safety Regulation 2001.
29. Protective
Clothing
(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.
30. Redundancy
(i) Application -
(a) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by clause 4, Rates of Pay.
(b) In respect to
employers who employ more than 15 employees immediately prior to the
termination of employment of employees, in the terms of paragraph (a) of
subclause (iv) of this clause.
(c) 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 not 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 employment.
(d) 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.
(ii) Introduction
of Change -
(a) 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 effect 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.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) 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 (a) 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.
(2) 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 the said
paragraph (a).
(3) For the
purposes 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 the 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.
(iii) Redundancy -
(a) 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 subparagraph
(1) of paragraph (a) of subclause (ii), 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.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of subparagraph (1)
of this paragraph 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.
(3) For the
purpose of the discussions the employer shall, as soon as is 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.
(iv) Termination of
Employment -
(a) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with subparagraph (1) of paragraph (a) of subclause (ii) 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 one year
|
1 week
|
|
One year and less than three years
|
2 weeks
|
|
Three years and less than five years
|
3 weeks
|
|
Five years and over
|
4 weeks
|
(2) 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.
(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.
(b) Notice for
Technological Change - This paragraph sets out the notice provision to be
applied to terminations by the employer for reasons arising from technology in
accordance with subparagraph (1) of paragraph (a) of subclause (ii) 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 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.
(c) Time Off
During 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 purpose 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.
(d) 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 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.
(e) 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.
(f) Notice to
Centrelink (or relevant successor entity) - Where a decision has been made to
terminate employees, the employer shall notify Centrelink (or relevant
successor entity) thereof as soon as possible, giving relevant information, including
the number and categories of employees likely to be affected and the period
over which the terminations are intended to be carried out.
(g) Centrelink
Employment Separation Certificate - The employer shall, upon recept of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by
Centrelink (or relevant successor entity).
(h) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in subparagraph (1) of paragraph (a) of subclause (ii) 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 notice still owing.
(v) Severance Pay -
(a) Where the
employment of an employee is to be terminated pursuant to paragraph (a) of
subclause (iv) of this clause, 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 one year
|
Nil
|
|
One year and less than two years
|
4 weeks
|
|
Two years and less than three years
|
7 weeks
|
|
Three years and less than four years
|
10 weeks
|
|
Four years and less than five years
|
12 weeks
|
|
Five years and less than six years
|
14 weeks
|
|
Six 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
|
45 Years of age and
Over Entitlement
|
|
Less than one year
|
Nil
|
|
One year and less than two years
|
5 weeks
|
|
Two years and less than three years
|
8.75 weeks
|
|
Three years and less than four years
|
12.5 weeks
|
|
Four years and less than five years
|
15 weeks
|
|
Five years and less than six years
|
17.5 weeks
|
|
Six years and over
|
20 weeks
|
(3) "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.
(b) 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 (a) 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 the said
paragraph (a) will have on the employer.
(c) 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 (a) if the employer obtains acceptable
alternative employment for an employee.
(vi) 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 agreement, taken as a whole, between
the union and any employer bound by this award.
31. Superannuation
(i) 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.
(ii) 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.
(iii) 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 9% from 1st July 2002.
(iv) 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.
(v) 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.
(vi) To authorise
an employer to make additional contributions, the employee 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.
(vii) 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.
(viii) 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.
(ix) Ordinary time
earnings shall be defined as including:
(a) Award
classification rate
(b) overaward
payment
(c) 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
(d) 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.
32. 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.
33. 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 Nut Food
Makers (State) Award published 15
February 2002 (331 I.G. 357) and all variations thereof.
It shall apply to all employees engaged in the manufacture
of nut foods and accessories in the State, excluding the County of Yancowinna,
within the jurisdiction of the Nut Food Makers, &c. (State) Industrial
Committee.
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 the first full pay period to commence on or after 21
February 2008.
This award remains in force until varied or rescinded, the
period for which it has been made having already expired.
PART B
MONETARY RATES
Table 1 - Wages
(i) Adult
Employees -
|
Classification
|
SWC 2006
|
SWC 2007
|
SWC 2007
|
|
|
$
|
$
|
$
|
|
Roaster and/or fryer (96%)
|
564.75
|
20.00
|
584.75
|
|
Mayonnaise Plant Operator (96%)
|
564.75
|
20.00
|
584.75
|
|
Distributor and Dispatcher (92.4%)
|
551.90
|
20.00
|
571.90
|
|
All other adult employee*(87.9%)
|
536.60
|
20.00
|
556.60
|
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
SWC 2006
|
SWC 2007
|
|
|
|
|
Amount
|
Amount
|
|
|
|
|
$
|
$
|
|
1
|
4(iii)
|
Leading Hands:
|
|
|
|
|
|
In charge of 3 to 6 employees
|
23.70
|
24.65
|
|
|
|
In charge of 7 to 10 employees
|
27.85
|
28.95
|
|
|
|
In charge of 11 to 15 employees
|
35.25
|
36.65
|
|
|
|
In charge of more than 15 employees
|
43.25
|
45.00
|
|
2
|
14(i) and (iii)
|
Meal Allowance
|
10.00
|
10.35
|
|
3
|
26(ii)
|
First-aid Allowance
|
2.95
|
3.05
|
"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.
Nut Food Makers,
&c. (State) Industrial Committee
Industries and Callings
Employees engaged in the manufacture of nut foods and
accessories in the State, excluding the County of Yancowinna; excepting -
Engine drivers and firemen, greasers, trimmers, cleaners and
pumpers engaged in or about the driving
of engines, electrical crane, winch, and motor drivers; Carters, grooms,
stablemen, yardmen, and drivers of motor and other power-propelled vehicles;
Watchmen, caretakers, and cleaners; Storemen and packers; and clerks; and
excepting employees within the jurisdiction of the Watchmen and Gatekeepers (Waterfront) Industrial
Committee.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.