(544)

SERIAL C6512

Pottery Industry (State) Award

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 1554 of 2007)

Before Commissioner Bishop

14 March 2008

REVIEWED AWARD

PART A - AWARD

SECTION 1 - APPLICATION AND OPERATION OF AWARD

1.1. Title

This award shall be known as the Pottery Industry (State) Award.

1.2. Arrangement

1.1 Title

1.2 Arrangement

1.3 Anti-discrimination

1.4 Area, incidence and duration

1.4.1 Brickmakers, &c. (State) conciliation committee industries and callings

1.5 Definitions

1.5.1 Laboratory assistant

1.5.2 Trainee laboratory assistant

1.5.3 Laboratory tester

1.5.4 Laboratory attendant

1.5.5 Large sanitary ware

1.6 Section 19 review

SECTION 2 - AWARD FLEXIBILITY

2.1 Flexibility of work

SECTION 3 - COMMUNICATION, CONSULTATION, AND DISPUTE RESOLUTION

3.1 Consultation

3.2 Industrial disputes and grievance procedure

SECTION 4 - EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

4.1 Contract of employment

4.1.1 Probationary and full-time employment

4.1.2 Stand-down of employees

4.1.3 Junior employees

4.2 Part-time employment

4.3 Redundancy

4.3.1 Application

4.3.2 Introduction of change

4.3.3 Redundancy

4.3.4 Termination of employment

4.3.5 Severance pay

4.3.6 Savings clause

4.4 Termination of employment

4.4.1 Abandonment of Employment

4.4.2 Misconduct

4.4.3 Termination caused by mechanisation and/or technological change

4.5 Re-engagement

4.6 Secure Employment

4.7 Casual Employment

SECTION 5 - WAGES AND RELATED MATTERS

5.1 Classifications

5.2 Leading Hand

5.3 Wages

5.4 Payment of wages

5.5 Allowances

5.5.1 Industry allowance

5.5.2 Shift allowances

5.5.3 Dirt money

5.5.4 First aid allowance

5.6 Piecework

5.7 Penalty rates - weekends and public holidays - shift workers

5.8 Mixed functions

SECTION 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

6.1 Hours of duty

6.1.1 Day workers

6.1.2 Shift workers

6.2 Overtime & public holiday payments

6.2.1 Overtime rates for employees (other than seven day shift workers)

6.2.2 Overtime rates for seven day shift workers

6.2.3 Overtime meal allowance

6.2.4 Crib time

6.2.5 Rest period after overtime

6.2.6 Recall

6.2.7 Minimum payment

6.3 Rest period

SECTION 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

7.1 Annual leave

7.1.1 Entitlement to annual leave

7.1.2 Additional annual leave entitlements

7.1.3 Annual leave rates for shift workers

7.1.4 Annual Leave loading

7.1.5 Days added to annual leave

7.2 Sick leave

7.3 Long service leave

7.4 Parental leave

7.5 Public holidays

7.5.1 Entitlement to public holidays

7.5.2 Financial Members day

7.5.3 Eligibility for public holidays

7.5.4 Shift workers - public holidays

7.5.5 Payment of public holidays on termination of employment

7.6 Bereavement leave

7.7 Personal/Carer’s leave

7.7.1 Use of sick leave

7.7.2 Unpaid leave for family purpose

7.7.3 Annual leave

7.7.4 Time off in lieu of payment for overtime

7.7.5 Make-up time

7.7.6 Rostered days off

7.8 Jury service

SECTION 8 - OH&S, EQUIPMENT, TOOLS AND AMENITIES

8.1 First aid

8.2 Attendance at repatriation centres

8.3 Protective clothing

SECTION 9 - UNION RELATED MATTERS

9.1 Union business

9.2 Notice board

PART B - MONETARY RATES AND ALLOWANCES

Table One - Wage Rates

Table Two - Other Rates and Allowances

1.3. Anti-Discrimination

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

1.3.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

1.3.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

1.3.4 Nothing in this clause is to be taken to affect:

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

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

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

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

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

NOTES

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

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

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

1.4. Area, Incidence and Duration

It shall apply to all persons in or in connection with the manufacture of pottery, tiles (other than roofing tiles), chinaware and bristolware in the State, excluding the County of Yancowinna, within the jurisdiction of the Brickmakers, &c. (State) Conciliation Committee (section 3).

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Pottery Industry (State) Award published 1 June 2001 (325 I.G. 87), as varied.

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 14 March 2008.

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

1.4.1 Brickmakers, &C. (State) Conciliation Committee Industries and Callings

Section 3. - Tile, other than roofing tile, pottery and chinaware makers and their assistants in the State, excluding the County of Yancowinna; except, in all sections, employees engaged in or about coal mines north of Sydney, in or about coal mines in the South Coast district and at South Maitland Railways Limited; and employees of the Broken Hill Proprietary Company Limited at Newcastle, Australian Wire Industries Pty Ltd at its Newcastle Wiremill and the Council of the City of Sydney.

1.5. Definitions

1.5.1 "Laboratory Assistant" means an employee, other than a professional employee or trainee professional employee who is engaged in a laboratory in the performance of work of a routine nature who -

(a) holds a Laboratory Assistant's Certificate or Chemistry Certificate issued by a TAFE or other registered training organisation; or

(b) is qualified by having passed the final examination as a prerequisite to holding any of the certificates as set out in subclause (a) of this clause; or

(c) has passed at least the first two years of a full - time course or the first three years of a part - time course for a degree, professional diploma or other recognised professional qualification.

1.5.2 "Trainee Laboratory Assistant" means an employee, other than a trainee professional employee, who is satisfactorily pursuing a course of studies leading to a Laboratory Assistant's qualifications as defined.

1.5.3 "Laboratory Tester" means an employee, other than a professional employee, trainee professional employee, laboratory assistant or trainee laboratory assistant, who is engaged in a laboratory in the performance of routine tests by established methods.

1.5.4 "Laboratory Attendant" means an employee, other than a professional employee or trainee professional employee, laboratory assistant, trainee laboratory assistant, or laboratory tester, who is engaged in a laboratory and who is not covered by any other industrial agreement or award.

1.5.5 "Large Sanitary Ware and articles of similar size" means all ware in excess of 8 kg.

1.6. Section 19 Review

The parties to this award have reviewed the award in accordance with the requirements of s.19 of the Industrial Relations Act 1996 (NSW). Subject to the requirements of that Act, the next review should occur three years from the date of effect of the award in Clause 1.4.

SECTION TWO - AWARD FLEXIBILITY

2.1. Flexibility of Work

2.1.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award, provided that such duties are not designed to promote de-skilling.

2.1.2 An employer may direct an employee to carry out such duties and use such equipment as may be required, provided that the employee has been properly trained.

2.1.3 Any direction issued by the employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

2.1.4 If an employer requires any employee to undertake part of the functions of another employee who is not employed under the terms of this award, this shall be permitted at site level following agreement with the employees and unions concerned.

SECTION 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

3.1. Consultation

Each employer shall establish a consultative mechanism and procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

3.2. Industrial Disputes and Grievance Procedure

3.2.1 Disputes Procedure:

(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.

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

(e) Where the parties fail to resolve the dispute, it is agreed that a dispute notification shall be made to the Industrial Relations Commission of New South Wales, pursuant to section s.130 of the Industrial Relations Act 1996, for the express purpose of ensuring that all avenues of conciliation and mediation are fully explored.

3.2.2 Grievance procedure:

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

(b) 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.

(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 the union.

SECTION 4 - EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

4.1. Contract of Employment

4.1.1 Probationary and full time employment.

Employment during the first three months shall be probationary with either party able to terminate on one day's notice. Thereafter employment will be weekly, provided that an employee who has previously served with the employer for a continuous period of three months and is re-employed within twelve months by that Company shall be engaged by the week.

4.1.2 Stand down of employees

(a) An employer shall not be required to pay for any time an employee cannot be employed usefully because of any strike or through any breakdown in machinery or stoppage of work through any cause for which the employer reasonably cannot be held responsible.

(b) An employer before standing down an employee in accordance with this subclause must notify the union and state the reasons for standing down the employees concerned.

4.1.3 Junior employees -

(a) Under 18 years of age -

The minimum weekly rates of pay to be paid to junior employees, under the age of 18 years of age, shall be the following percentage of the weekly rate of pay for an adult General Hand as provided in PART B, TABLE 1, Monetary Payments, of this award.

At 16 years of age and under - 70 per cent

At 17 years of age - 80 per cent

Such weekly rate shall be calculated to the nearest 10 cents, any part of 10 cents in the result not exceeding 5 cents shall be disregarded.

(b) Eighteen years of age and over -

Junior employees at 18 years of age and over shall be paid the appropriate adult rate for the work to be performed.

(c) An employer shall have the right to employ junior labour in any class of work, unless it is unreasonable on the grounds that the said work is injurious to the junior or upon some other good ground. Where the employer and the union disagree on the employment of any junior, the dispute shall be referred to the conciliation committee for decision.

(d) Should a junior be required to do work usually performed by an adult in the industry, the employee shall be paid the full adult rate of pay for the time employed on such work.

4.2. Part Time Employment

4.2.1 An employee may be engaged by the week to work on a part-time basis for a constant minimum number of hours each week which shall not be less than nineteen hours.

4.2.2 The spread of hours shall be the same as those prescribed in clause 6.1, Hours of Duty, of this award.

4.2.3 Any hours worked in excess of forty per week shall be paid at overtime rates.

4.2.4 An employee so engaged shall be paid one-fortieth of the weekly rate for the hours worked except as provided for in paragraph 4.2.3 of this clause.

4.2.5 All other entitlements such as sick leave, annual leave and long service leave etc, shall be provided on a pro rata basis.

4.3. Redundancy

4.3.1 Application

(a) This clause shall apply in respect of full-time and part-time employees.

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

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

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

4.3.2 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 effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

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

Provided that where the 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) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

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

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

4.3.3 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 done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause 4.3.2 above, 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 provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(3) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers 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.

4.3.4 Termination of Employment

(a) 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" or "structure" in accordance with subclause 4.3.2(a)(1) above.

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

Period of continuous service	Period of notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(2) In addition to the notice above, employees 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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause 4.3.2(a)(1) above:

(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

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

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

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

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

(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

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.

(g) 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 Centrelink.

(h) Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in paragraph 4.3.2(a)(1) above, 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.

4.3.5 Severance Pay

(a) Where an employee is to be terminated pursuant to subclause 4.3.4 above, subject to further order of the Industrial Relations Commission, 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:

Under 45 Years of Age	Years of Service Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(2) Where an employee is 45 years old 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 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(3) ‘Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant 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 4.3.5(a) above.

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 4.3.5(a) above will have on the employer.

4.3.6 Savings Clause

Nothing in this award 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 union and any employer bound by this award.

4.4. Termination of Employment

4.4.1 Abandonment of employment

(a) 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.

(b) Provided that the employee shall have seven days from the commencement of the unauthorised absence in which to establish that the employee was absent with reasonable cause to the satisfaction of the employer.

(c) Failure to do so will result in dismissal on the grounds of abandonment with effect from the commencement of the unauthorised absence.

4.4.2 Misconduct

An employer may dismiss any employee without notice for serious misconduct, and in such cases wages shall be paid up to the time of dismissal only.

4.5. Re - Engagement

If through slackness of work employees are dismissed such employees shall, as far as practicable, be given first preference for employment when persons are being re-engaged.

4.6. Secure Employment

4.6.1 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.

4.6.2 Casual Conversion

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

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

(c) Any casual employee who has a right to elect under paragraph 4.6.2(a), upon receiving notice under paragraph 4.6.2(b) 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.

(d) 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.

(e) 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.

(f) 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 4.6.2(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph 4.6.2(c), discuss and agree upon:

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

(ii) 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.

(g) 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.

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

4.6.3 Occupational Health and Safety

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

(i) 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.

(ii) 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.

(b) 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):

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

(ii) 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;

(iii) 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

(iv) 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.

(c) 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.

4.6.4 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.

4.6.5 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.

4.7. Casual Employment

4.7.1 An employer may engage an employee on a casual basis. A casual employee shall be engaged and paid by the hour.

4.7.2 For each hour of work, casual employees must be paid at the rate of one thirty-eighth of the weekly wage rate for the classification in which the employee is engaged, plus a loading of twenty-five per cent.

4.7.3 The casual loading represents compensation for all incidents of this Award and for annual leave. To avoid doubt, the loading is inclusive of annual holiday payments.

PART 5 - WAGES AND RELATED MATTERS

5.1. Classifications

GROUP ONE

Factory cleaner

General hand

Boxer or wrapper

Hand decorator ornamentor, flower pot maker

Cistern assembly

Grinder, raw materials, pump or filter press attendant

Glazer (b)

Finisher, tow wheel operator, sandpapering not caster

GROUP TWO

Clay mixer

Glaze mixer

Extruder operator

Grinder or cutter

Glazer (a)

Spray gun operator (b)

Kiln setting

Caster (b)

GROUP THREE

Ceramic drill operator

Caster (a)

Mould maker

Surface grinder

Split tile extruder section

Spray gun operator (a)

Examiner or packer (a) & (b)

Lab tester

GROUP FOUR

Kiln operator

Forklift driver

GROUP FIVE

Block and/or case maker

Front end loader driver (a)

Lab Assistant

GROUP SIX

Front end loader driver (b)

Maintenance operator

Modeller group 2

GROUP SEVEN

Modeller group 1

5.2. Leading Hands

5.2.1 A leading hand shall mean an employee who is requested by the employer to assume responsibility for operations of other employees in the department or departments in which they are employed.

5.2.2 In addition to the rate prescribed in PART B, Monetary Payments, Table 1, of this award, for the grade of work in which the employee is engaged, a leading hand shall receive the appropriate amount specified in PART B, Table 2 - Other Rates and Allowances, of this award.

5.3. Wages

5.3.1 The amounts as set out in Table 1 - Wage Rates, of Part B, Monetary Rates, shall be paid to adult employees for the applicable classifications.

5.3.2 State Wage Case Adjustments

The rates of pay in this award include the adjustment payable under the State Wage Case of June 2007. These increases may be offset against:

(a) any equivalent over-award payments and/or

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

State Wage Case	Increase $	Allowances %
May 2000	15.00	3.1
May 2001	13.00	3.0
May 2002	18.00	3.5
May 2003	17.00	3.2
June 2004	19.00	3.5
June 2005	17.00	3.0
June 2006	20.00	4.0
June 2007	20.00	4.0

5.4. Payment of Wages

5.4.1 Wages will be paid weekly.

5.4.2 Payment will be made by cash, cheque or electronic funds transfer.

5.4.3 When an employee's services are terminated the employee will be paid all wages due to the employee at the conclusion of their employment within 6 hours.

5.5. Allowances

5.5.1 Industry Allowance

(a) In addition to the wage rates prescribed in PART B, Monetary Payments, Table 1 - Wage Rates, an employee shall be paid an industry allowance as shown in PART B, Table 2 - Other Rates and Allowances, of this award, to compensate for all disabilities associated with the manufacture of pottery, tiles (other than roofing tiles), chinaware and Bristolware. This allowance shall form part of the employee's ordinary wage rate for all purposes of the award.

(b) For the purpose of computing overtime, etc, this allowance shall form part of the employee's ordinary wage rate for the work performed.

5.5.2 Shift allowances

(a) Shift workers on a rotating day-afternoon, day-night or day-afternoon-night shift system, shall be paid, in addition to their wages, an allowance as shown in PART B, Table 2 - Other Rates and Allowances, of this award.

(b) Shift workers on a rotating afternoon-night shift system, (i.e., one in which day shift is not worked at least one week in three) or on a permanent afternoon shift shall be paid, in addition to their wages, an allowance as shown in PART B, Table 2 - Other Rates and Allowances, of this award.

(c) Shift workers on a permanent night shift shall be paid, in addition to their wages, an allowance as shown in PART B, Table 2 - Other Rates and Allowances, of this award.

(d) The excess payments over ordinary rates prescribed by clause 6.2, Overtime, and clause 5.7, Penalty Rates, of this award, shall be payable in lieu of the shift allowances prescribed by this clause.

5.5.3 Dirt money

(a) Where an employee covered by this award works on unusually dirty work in direct association with an employee covered by another award, Federal or State, who receives protective clothing and/or payment of "dirt money" in respect of such work the employee shall receive from their employer similar payment and/or clothing in the same manner as is prescribed by the award governing the employment of the employee with whom the employee works.

(b) Leave is reserved to the parties to refer any claim for dirt money allowance dispute arising under this clause to the conciliation committee for determination.

5.5.4 First aid allowance

Where an employee is appointed to perform first-aid duty such employee shall be paid an allowance as shown in PART B, Table 2 - Other Rates and Allowances, of this award, in addition to his/her ordinary rates.

5.6. Piecework

5.6.1 Where piecework is done, the rate to be paid for such work shall be fixed so as to enable the average competent employee to earn not less than 10 per cent above the rates prescribed in PART B, Monetary Payments, Table 1 - Wage Rates, of this award.

5.6.2 Piecework shall not be done outside the ordinary hours specified in clause 6.1, Hours of Duty, of this award, except by request of the employer and shall be paid for at the rate of price and a half for the first two hours and double price thereafter.

5.6.3 For the purposes of ascertaining the payments proper to be made under this award to pieceworkers in respect of Financial Members' Day or the holidays specified in clause 7.5, Public Holidays, of this award, or for annual leave the appropriate rate of wages provided in PART B, Monetary Payments, Table 1, of this award, without any addition in respect of piecework, shall be taken.

5.7. Penalty Rates - Weekends and Public Holidays - Shift Workers

5.7.1 Shift Workers (other than five-day Shift Workers) -

(a) Rostered six-day or seven-day shift workers working an ordinary shift of eight hours terminating on a Saturday shall be paid at the rate of time and one-half.

(b) Rostered six-day or seven-day shift workers working an ordinary shift of eight hours terminating on a Sunday shall be paid at the rate of double time.

(c) Rostered six-day or seven-day shift workers working an ordinary shift of eight hours terminating on the Financial Members' Day or any of the other holidays specified in clause 7.5, Public Holidays, of this award, shall be paid at the rate of double time and one-half.

5.7.2 Five-day shift workers

Shift workers working on a five-day shift system Monday to Friday, inclusive, working an ordinary shift of eight hours terminating on any of the holidays as specified in clause 7.5, Public Holidays, of this award, shall be paid at the rate of double time and a half.

5.8. Mixed Functions

On any day or shift an employee required to perform work of a higher grade shall be paid the wages attached to such higher grade for the whole of that day or shift, but any employee required to perform the work of any lower grade to that in which the employee is classified shall not suffer any reduction of pay by reason only of the employee working temporarily out of their grade. Such work shall not be considered temporary if it continues for more than one week.

SECTION 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

6.1. Hours of Duty

6.1.1 Hours of duty - day workers:

(a) The ordinary working hours of day workers shall be forty per week, to be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday, inclusive; provided the spread of hours may be altered where the Company and the majority of employees in the plant or section agree.

(b) The daily ordinary hours shall be up to 12 per day provided that in excess of 8 ordinary hours may be worked only where the company and the majority of employees in the plant or section agree.

(c) An unpaid break of thirty minutes can be taken no earlier than four hours after commencing work and should be concluded no later than six and one - half hours after commencing work. The actual commencement time of the break shall be arranged by the employer bearing in mind the production needs from time to time. For the purposes of this clause, the ten minute morning rest period shall be deemed to be time worked.

(d) Each employer shall be entitled to fix the starting and finishing times and meal break times for each plant or section within the spread of hours in paragraph (a) of this clause and alter them, from time to time, either by mutual consent or by giving the employees one week's notice of the change.

6.1.2 Hours of duty - shift workers

(a) The ordinary working hours of shift workers shall be forty per week and shall not exceed 12 during any consecutive twenty four hours.

(b) A shift worker's shift shall consist of eight hours inclusive of one paid crib break of thirty minutes taken in accordance with paragraph (c) of subclause 6.1.1, Day Workers, of this clause or some other arrangement which is agreed between the company and the majority of employees affected. Shifts of between eight and twelve hours may be worked where the Company and the majority of employees in the plant or section agree.

(c) The employer can move an employee to another shift roster by agreement between the employer and the employee or after giving forty eight hours' notice.

(d) The employer shall be entitled to fix the start and finish times of shift workers and alter them by agreement with the majority of employees in the plant or section or after giving one week's notice, posted up in a convenient place in the plant.

(e) All the employees are engaged on the basis that they may be required to do shift work either permanently or on a relief basis.

(f) Any employee required to work beyond the conclusion of their normal shift shall be paid at overtime rates for any additional time.

(g) An employee who is employed for less than five continuous shifts in any week shall be paid in accordance with PART B, Monetary Payments, Table 1, and clause 6.2, Overtime and Public Holiday Payments, of this award, provided also that where less than a full week is worked due to the action of the employee, the rates payable for the actual time worked shall be ordinary shift rates.

6.2. Overtime & Public Holiday Payments

6.2.1 Overtime rates for employees (other than seven-day shift workers)

(a) All time worked outside the limitations of ordinary time prescribed by clause 6.1, Hours of Duty, of this award, or in excess of the daily weekly hours of labour, Monday to Friday inclusive, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

(b) All time worked on a Sunday shall be paid for at the rate of double time.

(c) All time worked on any of the holidays as prescribed in clause 7.5, Public Holidays of this award, shall be paid at the rate of double time and a half.

6.2.2 Overtime rates for seven-day shift workers

The following rates shall be payable to a rostered seven-day shift worker working on any day which normally would be the employee’s rostered day off or working in excess of an ordinary rostered shift:

(a) Monday to Friday - time and one-half for the first two hours and double time thereafter;

(b) Saturday or Sunday - double time;

(d) Overtime is not payable for the purpose of effecting the customary rotation of shifts or where a shift is worked by arrangement between the employees themselves.

6.2.3 Overtime meal allowance

An employee who is required to work overtime in excess of two hours after the employee’s usual ceasing time on any day shall, if the employee has not been notified on or before the previous day that the employee will be so required to work, be paid an allowance as shown in PART B, Table 2 - Other Rates and Allowances, for each meal, unless suitable meals are provided by the employer.

6.2.4 Crib Time

Before commencing such overtime or when ordinary hours extend beyond ten for any reason, then an additional paid break of twenty minutes shall be provided, should the overtime extend beyond five hours each employee shall be allowed, at the end of five hours, a further crib time of twenty minutes which shall be counted as time worked.

6.2.5 Rest period after overtime

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

(b) An employee who works so much overtime between the termination of the employee’s ordinary work on one day and the commencement of the employee’s ordinary work on the next day 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 the employee 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 hours off duty the employee shall be paid at double time rates until the employee is released from duty for such period and the employee then shall be entitled to be absent until the employee 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 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; or

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

6.2.6 Recall

(a) An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time the employee is so recalled; provided that excepting the case of unforeseen circumstances arising the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.

(b) This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the employee ordinary working hours, or where the overtime is continuous (subject to reasonable meal break) with the completion or commencement of ordinary working time. Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause 6.2.5 of this clause, where the actual time worked is less than four hours on such recall or on each of such recalls.

6.2.7 Minimum Payment for weekend and public holiday work

An employee who works overtime on a Saturday, Sunday or Public Holiday shall be afforded at least four hours' work or paid for four hours at the appropriate rate of pay. The employee shall also receive a paid crib break of twenty minutes after each five hours' overtime worked.

6.3. Rest Period

All employees shall be granted a rest period of ten minutes at a time convenient to each employer and such period shall be counted as time worked.

SECTION 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

7.1. Annual Leave

7.1.1 Entitlement to annual leave

Annual leave shall be allowed to all employees as provided for by the Annual Holidays Act 1944 as amended or replaced, except as otherwise provided for in this clause.

7.1.2 Additional annual leave entitlements

In addition to the benefits provided for by section 3 of the Annual Holidays Act 1944 as amended or replaced, an employee who, during the year of the employee’s employment with the employer with respect to which the employee becomes entitled to the said annual holiday, gives service to the employer as a seven-day shift worker under this award, shall be entitled to the additional leave as below specified:

(a) If during the year of the employee’s 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 of five working days.

(b) Subject to 7.1.2 (d), if during the year of the employee’s employment the employee has served for only portion of it as such seven-day shift worker, the additional leave shall be one day for every thirty-six ordinary shifts worked as a seven-day shift worker.

(c) Subject to 7.1.2 (d), the employee shall be paid for additional leave at the ordinary rate of wages to which the employee is entitled under the clauses 5.3, Wages and 5.2, Leading Hands, of this award, for the number of ordinary hours of work for which such employee would have been rostered for duty during the period of additional annual leave had such employee not been on such additional leave.

(d) Where the additional leave calculated under this subclause is or includes a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

(e) In this clause, reference to one week and one day includes holidays and non-working days.

(f) Where the employment of an employee has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act 1944, as amended or replaced, 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 of 3 1/3 hours at such ordinary rate of wages with respect to each twenty-one shifts of service as a continuous shift worker (round the clock seven days per week) which the employee has rendered during such period of employment.

(g) Notwithstanding anything elsewhere contained in this clause, kiln operators employed as continuous shift workers (round the clock seven days per week) who have been temporarily transferred to other classes of employment during the qualifying period owing to no kiln being available for burning shall be entitled to the additional leave of one week. The provisions shall also apply to continuous shift workers (round the clock seven days per week) on other classes of work who have during the qualifying period been temporarily transferred to day work or to Monday to Saturday shift work.

7.1.3 Annual leave rates for shift workers

A shift worker shall be paid whilst on annual leave their ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if they had not been on annual leave. Provided that the shift allowances and weekend penalties shall not apply to public holidays which occur during a period of annual leave or for days which have been added to annual leave in accordance with the provisions of subclause 7.5.4, Public Holidays, of this award.

7.1.4 Annual leave loading

(a) This clause applies to annual holidays to which employees become entitled.

(b) The employer shall pay its employees a loading determined in accordance with this clause for each period of annual leave which is given and taken.

(c) The loading is payable in addition to the ordinary rate of pay for the period of the holiday which is given and taken.

(d) The loading is payable at the rate of 17 1/2 per cent of the appropriate ordinary weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing the employee’s annual holidays together with the additional sums prescribed by clause 5.2, Leading Hands, of this award, but shall not include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

(e) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with sub-paragraph 7.1.4(d) of this clause applying the award rates of wages payable on that day.

(f) Where the employer or part of it is temporarily closed down for the purpose of giving an annual holiday to its employees:

(i) An employee with an entitlement to annual leave shall be paid the loading in accordance with this clause.

(ii) An employee without an entitlement to an annual holiday but who is given and takes an annual holiday without pay shall be paid a proportion of the loading on a pro rata basis for the number of weeks actually employed by the employer.

(g)

(i) When the employment of an employee is terminated by the employer for any cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual holiday to which the employee became entitled the employee shall be paid a loading calculated in accordance with sub-paragraph 7.1.4(d) of this clause for the period not taken.

(ii) Except as provided by subparagraph (i) of paragraph (g) of this subclause no loading is payable on the termination of an employee's employment.

(h) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday, provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

7.1.5 Days added to annual leave

(a) Subject to the provisions of paragraph 7.5.3 - Public Holidays, of this award, in the case of an employee who was, at the commencement of the employee’s annual leave employed as a seven-day shift worker under clause 6.1, Hours of Duty, of this award, one day shall be added to their 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.

(b) Any day or days added shall be paid for at the ordinary rate of pay to which the employee is entitled as in PART B, Monetary Payments, Table 1 - Wage Rates, and PART B, Table 2 - Other Rates and Allowances, of this award.

(c) Any day or days added in accordance with 7.1.5(a) or (b), shall be the working day or days immediately following the period of annual to which the employee is entitled under clause 7.1, Annual Leave, of this award.

(d) For the purpose of subclause 7.1.5(c) of this clause, working days shall be:

(i) in the case of an employee who, at the commencement of the employee’s period of annual leave was employed as a day-worker - any day in the week other than a Saturday, Sunday or holiday prescribed by this award.

(ii) in the case of an employee who, at the commencement of the employee’s period of annual leave was employed as a Monday to Saturday shift-worker - any day of the week other than a Sunday or holiday prescribed by this award including a day on which the employee concerned would have been rostered off duty if the employee were not on annual leave.

(iii) in the case of an employee who, at the commencement of the employee’s period of annual leave, was employed as a seven-day shift worker - any day of the week including a day on which the employee concerned would have been rostered off duty if the employee were not on annual leave.

(iv) Where the employment of an employee has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act 1944, as amended or replaced, to payment in lieu of an annual holiday with respect to a period of employment, the employee shall also be entitled to an additional payment for each day accrued to the employee under 7.1.2(a) at the ordinary rate of pay to which the employee is entitled under the said clauses 5.3, Wages, and 5.2, Leading Hands, of this award.

7.2. Sick Leave

7.2.1 Employees in their first year of service with an employer are entitled to 40 hours paid sick leave.

7.2.2 Employees with more than one year of service with an employer are entitled to 64 hours sick leave per year.

7.2.3 Any unused portion of paid sick leave entitlement shall accumulate from year to year.

7.2.4 Entitlements to sick leave shall accrue on the anniversary of the employee's service with an employer.

7.2.5 Payment for absences on sick leave during an employee's first three months with an employer, may be withheld by the employer until the employee completes such three months service, at which time the payment shall be made.

7.2.6 The employee shall, wherever possible before the commencement of absence or in any case within 8 hours of the commencement of such absence, inform the employer of the employee’s inability to attend for work and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the absence.

7.2.7 Subject to paragraph 7.2.8 of this clause, employees must supply a doctors' certificate stating that in the medical practitioner's opinion the employee was unfit for duty because of illness or incapacity before being entitled to paid sick leave. Certificates not issued during the period of illness or incapacity are unacceptable.

7.2.8 Employees are allowed three single day absences on paid sick leave per year without a doctor's certificate. This entitlement does not accumulate from year to year.

7.3. Long Service Leave

See Long Service Leave Act 1955, as amended or replaced.

7.4. 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.

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).

7.5. Public Holidays

7.5.1 Entitlement to public holidays

(a) Employees are entitled to holidays on the following days;

(i) New Year's Day,

(ii) Australia Day,

(iii) Good Friday,

(iv) Easter Saturday,

(v) Easter Monday,

(vi) Anzac Day,

(vii) Queen's Birthday,

(viii) Labour Day,

(ix) Christmas Day,

(x) Boxing Day,

together with all proclaimed or gazetted holidays throughout the State and the Financial Members' Day of the Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch, which shall be held on the first Monday in December of each year ( or such other arrangement as is agreed upon between the employer, employees and the union).

(b) Subject to the provisions of paragraphs 7.5.2, 7.5.3, and 7.5.4 of this clause, all employees covered by this award shall be entitled to the above mentioned holidays and shall receive payment for the said holidays at their ordinary rates of pay; provided that any such holiday falls on an ordinary working day or shift within the meaning of clause 6.1, Hours of Duty, of this award.

(c) Employees not required to work on holidays shall be paid at ordinary rates of pay for the holiday and at a bonus rate calculated in accordance with paragraph 7.5.4 of this subclause.

7.5.2 Financial Members’ Day

Payment for the said Financial Members' Day shall be made only to financial members of the Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch, and the onus of proof of financial membership shall rest with the accredited representative of the union who shall advise the employer on the Friday preceding Financial Members' Day.

7.5.3 Eligibility for public holidays

(a) Payment shall be made for the said holidays subject to the condition that employees shall have presented themselves for work on the working days immediately preceding and succeeding the holidays specified herein and shall have worked during normal working hours as required by the employer; provided that any absence from duty on either or both of the days preceding or succeeding the holidays owing to illness or injury covered by a certificate of a medical practitioner, or by consent of the employer, shall not render an employee ineligible for payment for the holidays.

(b) Where a group of holidays as defined in paragraph 7.5.5(b), of this clause occurs, and an employee is found to be not eligible for payment for same because of the employee’s non-compliance with any or all of the conditions set forth in paragraph 7.5.3(a) of this subclause, the employee shall forfeit payment for only one day of such group of holidays.

7.5.4 Shift workers - public holidays

Notwithstanding anything elsewhere contained in this clause, employees engaged as other than five-day shift workers on rostered shift work and who are rostered off duty on any of the holidays specified herein shall be entitled, in respect of such holidays, to payment of an additional day's pay for the pay period in which such holiday occurs or, by mutual agreement, an additional day's leave may be added to that employee's period of annual leave.

7.5.5 Payment of public holidays on termination of employment

(a) Notwithstanding anything elsewhere contained in this clause where, within a period of seven days prior to any holiday or the commencement of any group of holidays, an employer terminates, for reasons other than wilful misconduct, the employment of an employee who has been employed for a period of at least one month prior to the termination of the employee’s employment or where such employee is stood off, the employee shall be paid for that holiday or group of holidays, such as the case may be.

(b) Where two or more of the holidays provided for in sub-paragraph 7.5.1(a) of this clause occur within one week such holidays shall, for the purpose of this award, be deemed to be a group of holidays.

7.6. Bereavement Leave

7.6.1 An employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 7.6.3 below.

7.6.2 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.

7.6.3 Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s Leave in 7.7.1(c)(ii) provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

7.6.5 Bereavement leave may be taken in conjunction with other leave available under Personal/Carer’s Leave 7.7.2, 7.7.3, 7.7.4, 7.7.5 and 7.7.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirement of the business.

7.6.6 Bereavement entitlements for casual employees

7.6.6.1 Subject to the evidentiary and notice requirements in 7.6.2 casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 7.7.1(c)(ii) of clause 7.7, Personal/Carer's Leave.

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

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

7.7. Personal/Carer’s Leave

7.7.1 Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 7.7.1(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 7.2, 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.

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

(ii) 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), 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 paragraph:

(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

(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 3.2, Industrial Disputes and Grievance Procedure, should be followed.

7.7.2 Unpaid Leave for Family Purpose

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 7.7.1(c)(ii) above who is ill or who requires care due to an unexpected emergency.

7.7.3 Annual Leave

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

(b) Access to annual leave, as prescribed in paragraph 7.7.3(a), 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.

7.7.4 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 time or times agreed with the employer within 12 months of the said election.

(b) Overtime taken as time off during ordinary 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 7.7.4(a), 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 7.7.4(a), the employee shall be paid overtime rates in accordance with the award.

7.7.5 Make-up Time

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during 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.

7.7.6 Rostered Days Off

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

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

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for 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 the union if it has members employed at the particular enterprise to its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

7.7.7 Personal Carers Entitlement for casual employees -

(1) Subject to the evidentiary and notice requirements in 7.7.1(b) and 7.7.1(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 7.7.1(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.

7.8. Jury Service

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

7.8.2 An employee shall notify their employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give their employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

SECTION 8 - OHS, EQUIPMENT, TOOLS AND AMENITIES

8.1. First Aid

See relevant Occupational Health and Safety Legislation and Regulations, as amended from time to time.

8.2. Attendance at Repatriation Centres

Employees being ex-service personnel shall be allowed, as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment; provided that:

(a) such lost time does not exceed four hours on each occasion.

(b) payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Department of Veteran’s Affairs as a result of each visit.

(c) the provisions of this clause will apply to a maximum of four such attendances in any year of service with the employer.

(d) the employee produces evidence satisfactory to the employer that the employee is required to and subsequently does attend a repatriation centre.

8.3. Protective Clothing

8.3.1

(a) Where an employee is required to work in any place where the employee’s boots are liable to become saturated, suitable footwear shall be made available by the employer.

(b) Where an employee is required to work out of doors and the employee’s clothing is liable to become saturated by rain, suitable protective clothing shall be made available by the employer.

8.3.2 Suitable mica or other goggles shall be provided by the employer for each employee exposed to abnormal dusty conditions.

8.3.3 The employer shall provide and shall maintain suitable respirators where necessary for all employees exposed to abnormally dusty conditions and all employees shall wear suitable respirators when exposed to such conditions.

8.3.4 The protective clothing and/or equipment provided in accordance with this clause shall remain the property of the employer and shall be returned to it upon termination of employment in a condition commensurate with normal wear and tear. An employee may be required by its employer to sign a receipt for such clothing upon it being issued to the employee.

SECTION 9 - UNION RELATED MATTERS

9.1. Union Business

9.1.1 Union Delegate;

(a) An employee appointed as union delegate in the yard or factory, shall, upon notification thereof to the employer by the branch or sub-branch secretary of the union, or other accredited union official be recognised as the accredited representative of the union.

(b) Any matter arising in the yard or factory affecting members of the union may be investigated by the delegate and discussed with the employer or its representative. The delegate shall, at the delegate’s request be allowed a reasonable opportunity to carry out such duties at a time reasonably convenient to the delegate and the employer.

(c) If a matter in dispute is not settled, the delegate shall, on request, be allowed access to a telephone for a reasonable opportunity of notifying the union branch or sub-branch concerned.

9.1.2 Notice Board:

The employer shall supply a notice board of reasonable dimensions to be erected or to be placed in a prominent position at each yard upon which accredited representatives of the union shall be permitted to post formal notices authorised by the secretary of the union.

PART B

MONETARY RATES AND ALLOWANCES

Table 1 - Wage Rates

Classification	Previous Rate	SWC 2007	New Rate
		Adjustment
	$	$	$
Group One	507.10	24.30	531.40
Group Two	511.60	20.00	531.60
Group Three	517.40	20.00	537.40
Group Four	524.10	20.00	544.10
Group Five	530.70	20.00	550.70
Group Six	542.60	20.00	562.60
Group Seven	557.60	20.00	577.60

Table 2 - Other Rates and Allowances

Item No.	Clause No.	Brief Description	Amount
			$
1	5.5.1	Industry Allowance	21.14 per week
2	5.2.2	Leading Hand (1-7 emp)	22.61 week
		Leading Hand (over 7 emp)	30.23 per week
3	6.2.3	Meal Allowance	8.60 for each meal
4	5.5.2 (a)	Shift allowance - rotating day-afternoon, day - night,
		day-afternoon-night shift	7.95 per shift
5	5.5.2 (b)	Shift allowance - rotating afternoon-night shift	11.85 per shift
6	5.5.2 (c)	Shift allowance - permanent night shift	23.31 per shift
7	5.5.4	First Aid Allowance	2.00 per day

E. A. R. BISHOP, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

* to download attachment

IE Users	Right click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape Users	Right click the attachment - Select 'Save Link As' - Select a location - Click 'Save'