Refractory 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 1555 of 2007)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

21.       Annual Leave

22.       Annual Leave Loading

38.       Anti-Discrimination

2.         Area Incidence and Duration

28.       Attendance at Repatriation Centres

26.       Bereavement Leave

10.       Burners and Tunnel Kiln Operators

14A     Casual Employment

3.         Consultative Mechanism

6.         Contract of Employment

8.         Counselling and Disciplinary Procedure

23.       Days Added to Annual Leave

34.       Dirty Work

41.       Enterprise Arrangements

37.       First Aid

13.       Hours of Duty

40.       Industrial Disputes and Grievance Procedure

27.       Jury Service

11.       Leading Hands

42.       Leave Reserved

29.       Long Service Leave

16.       Overtime

30.       Parental Leave

14.       Part Time Employment

4.         Payment of Wages

17.       Penalty Rates

25.       Personal/Carer's Leave

20.       Public Holidays

35.       Redundancy

36.       Re-engagement

15.       Rest Periods

19.       Rostered Days Off

7A       Secure Employment

18.       Shift Allowances

24.       Sick Leave

5.         State Wage Case Adjustments

31.       Telephone

7.         Termination of Employment

32.       Tools

12.       Transfers and Mixed Functions

39.       Union Business

9.         Wages

33.       Wet Weather

 

PART B

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Area, Incidence and Duration

 

2.1        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Refractory Industry (State) Award published 5 October 2001 (328 I.G.383) and all variations thereof.

 

2.2        The changes made to the award pursuant to the Award Review under 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.

 

2.3        This award remains in force until varied or rescinded for the period for which it was made already having expired.

 

2.4        It shall apply to makers of refractory materials and their assistants, of the classifications herein specified, in the State, excluding the County of Yancowinna, within the jurisdiction of the Refractory Materials Makers (State) Industrial Committee and being employees in the industries and callings assigned to the said committee, excepting employees engaged:

 

(a)        in or about coal mines north of Sydney;

 

(b)        in or about coal mines in the South Coast district; and

 

(c)        the Council of the City of Sydney.

 

3.  Consultative Mechanism

 

Each company 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.

 

4.  Payment of Wages

 

4.1        All wages and earnings shall be paid weekly in cash (unless an exemption is otherwise agreed upon) on each Thursday or Friday up to the end of the preceding Tuesday or Wednesday, respectively, and shall be made available for collection by employees not later than the usual finishing time on the pay day: Provided that, in the case of a shift worker rostered off duty between the hours of 7.00 a.m. and 4.30 p.m. on any pay day, wages shall be made available not later than the termination of the last shift worked by the employee immediately preceding pay day. A shift worker not so paid presenting themselves for wages on pay day shall be entitled to payment for an additional four hours at their ordinary-time rate of pay.

 

(a)        Should an employee be discharged from their employment or be stood down on any day during the week in accordance with clause 6, Contract of Employment, the employee shall be paid

 

(i)         if discharged, all moneys due to the employee up to the time of dismissal;

 

(ii)        if stood down only, all wages due to the employee for the current pay period at the time of being stood down.

 

(b)        In lieu of the payment as prescribed in paragraph (a) of this subclause, an employee not so paid, presenting themselves for their wages on pay day at the usual place of payment, shall be entitled to an additional four hours' pay at their ordinary-time rate of pay.

 

4.2        In the event of pay day falling on a Public Holiday, as defined in clause 20, Public Holidays, all wages and earnings shall be made available for collection by employees not later than the usual finishing time on the day immediately preceding pay day.

 

5.  State Wage Case Adjustments

 

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

 

(a)        any equivalent overaward 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

 

6.  Contract of Employment

 

6.1        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 company for a continuous period of three months and is re-employed within 12 months by that company shall be engaged by the week.

 

6.2        An employer shall not be required to pay for any time an employee cannot be employed usefully on Financial Members' Day or 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.

 

6.3        Employees will participate in all training as required by the company from time to time.

 

6.4        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 deskilling.

 

6.5        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.

 

6.6        Any direction issued by the employer pursuant to subclauses 6.4 and 6.5 shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

7.  Termination of Employment

 

7.1        Notice of Termination by an Employer

 

(a)        In order to terminate the employment of an employee the employer must give to the employee a minimum of one weeks notice:

 

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

 

(ii)        In calculating any payment in lieu of notice the wages to be used must be those an employee would have received in respect of the ordinary time that would have been worked during the period of notice had the employment not been terminated.

 

(iii)       The period of notice in this clause will not apply to cases of dismissals pursuant to 7.3.

 

7.2        Notice of Termination By The Employee

 

(a)        The notice of termination required to be given by an employee is the same as that required of an employer, and if the required notice is not given then up to one week’s pay will be forfeited.

 

(b)        Where an employer and employee agree, the employee may be released prior to the expiry of the notice period with payment of wages to the date of termination only.

 

7.3        Dismissal For Misconduct

 

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

 

7.4        Abandonment of Employment

 

(a)        The absence of an employee from work for a continuous period exceeding three working days without the consent of the company and without notification to the company 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 company.

 

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

 

7A.  Secure Employment

 

7A.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. 

 

7A.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 7A.2(a), upon receiving notice under paragraph 7A.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 7A.2(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph 7A.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.

 

7A.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.

 

7A.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.

 

7A.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.

 

8.  Counselling and Disciplinary Procedure

 

8.1        Agreements setting out procedures for counselling and disciplining employees should be adapted to suit the requirements of each company. Unless prior to the implementation of this clause an agreed counselling and discipline procedure was in place at a site the following will apply. This procedure does not apply in cases of serious misconduct:

 

(a)        No employee will receive a formal written warning unless the employee has been previously counselled on the matter in question.

 

(b)        A record of the counselling will be kept by the employer and the employee will be informed that the counselling is a formal counselling.

 

(c)        Written warnings, when given, will detail the reason for the warning, future actions expected of the employee and a space for the employee to record a response.

 

(d)        No employee will be terminated prior to receiving at least one counselling and two written warnings unless the employee is being terminated for misconduct.

 

(e)        An employee is entitled to have a union delegate or other representative nominated by the employee at each stage of the Counselling and Disciplinary procedure.

 

(f)         Nothing in this clause shall prevent an employer and their employees (or the Union as the case maybe) from agreeing to any counselling and disciplinary procedure that the parties deem to be appropriate to the needs of the business. A copy of any such agreement must be provided to all employees covered by this Award. The agreed procedure must be included any subsequent Enterprise Agreement.

 

9.  Wages

 

9.1        The minimum rates for employees shall be as set out in Table 1 - Wages, of Part B, Monetary Rates, for the following classifications:

 

9.2        Definitions of Classifications

 

(a)        Refractory Employee - Basic Entry - Minimum probationary period of three months.

 

(b)        Refractory Employee - Level 1 - Capable of undertaking manual tasks and simple operations involving equipment.  As part of undertaking these activities, a Level 1 employee will: undertake basic quality control procedures to ensure quality of own work; undertake inventory and store control procedures and maintain simple records; use basic keyboards for entry and extraction of information and control of production.

 

(c)        Refractory Employee - Level 2 - Capable of operating process, testing, mobile and material handling (including robotic) equipment on a regular rotating basis. As part of undertaking these activities, a Level 2 employee will: apply basic process and statistical control procedures; undertake quality control/assurance procedures; understand concepts of team work and participate in process improvement; possess keyboard skills for simple manipulation of data; record production and quality data; possess Level 1 skills and knowledge.

 

(d)        Refractory Employee - Level 3 - A specialist with understanding and responsibility for inspection, testing, recording, measuring and documenting process or product quality; or capable of operating complex integrated processing systems. As part of undertaking these activities, a Level 3 employee will: apply process and statistical control techniques; be responsible for maintaining and improving process and quality systems; ensure the quality of work of others; possess good written communication skills; possess keyboard skills for statistical analyses and spread sheeting; possess Level 2 skills and knowledge.

 

(e)        Refractory Employee - Level 4 - An employee at this level would possess a relevant formal qualification or have equivalent in-house training; and understands and is responsible for total process quality; operates complex testing equipment and makes detailed analyses; or is an employee appointed as such in recognition of a higher level of proficiency in operating and understanding the systems. As part of undertaking these duties, a Level 4 employee will: be responsible for developing process and quality systems; exercise discretion in relation to process quality; undertake basic production planning; be able to operate as a team leader; possess good oral communication skills; possess advanced keyboard skills; possess Level 3 skills.

 

9.3        Industry Allowance

 

In addition to the wage rates prescribed in Table 1 - Wages, of Part B, Monetary Rates, an employee shall be paid an industry allowance as shown in Item 1 of Table 2 - Other Rates and Allowances, of the said Part B, to compensate for all disabilities associated with the manufacture of refractory materials and maintenance of manufacturing plant machinery, and includes:

 

(a)        All cleaning work, including cleaning in pits.

 

(b)        Dusty or dirty work.

 

(c)        Hot work.

 

(d)        Wet conditions due to inclement weather.

 

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

 

10.  Burners and Tunnel Kiln Operators

 

Tunnel Kiln Operator - Not less than four employees shall be employed on each tunnel kiln, one on each shift on each tunnel kiln. They shall only be required to attend to one tunnel kiln and shall not be required to do any other work.

 

11.  Leading Hands

 

11.1      A leading hand is an employee appointed by a company to undertake additional responsibilities over and above their normal duties, including but not limited to, the following:

 

(a)        Undertake duties as delegated by the Supervisor.

 

(b)        Be in charge of the work of other employees.

 

(c)        Make decisions and direct employees on the job.

 

(d)        Assist in day-to-day planning, supervising, organising and controlling the use of resources in the most effective way.

 

(e)        Undertake structured training.

 

(f)         Responsible for maintaining procedures.

 

(g)        Communicate information to other employees which is relevant to the effective utilisation of resources and the efficient operation of the company.

 

11.2      In recognition of these additional duties, a leading hand shall be paid an allowance as shown in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

12.  Transfers and Mixed Functions

 

12.1      On any day or shift any 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 classed shall not suffer any reduction of pay by reason only of their working temporarily out of their grade. Such work shall not be considered temporary if it continues for more than one week.

 

12.2      This clause shall not apply when an employee performs work carrying a higher rate only while relieving another employee absent on crib or meal break. In such circumstances, the employee is to be paid at the higher rate for the actual time so worked on the relieving day.

 

12.3      If a company 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.

 

13.  Hours of Duty

 

13.1      Day Workers -

 

(a)        The ordinary working hours of day workers shall average 40 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 eight, except that up to 12 hours per day may be worked where the majority of employees in the plant or section agree.

 

(c)        A break of 30 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 company, 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 company shall be entitled to fix the starting and finishing hours for each plant or section within the spread of hours in paragraph (a) of this subclause and alter them, from time to time, either by mutual consent or by posting up, in a convenient place in the plant, one week's notice of the change.

 

13.2      Shift Workers -

 

(a)        The ordinary working hours of shift workers shall average 40 per week as defined in clause 4, Payment of Wages, and shall not exceed 12 during any consecutive 24 hours.

 

(b)        A shift worker's shift shall consist of eight hours, inclusive of one paid crib break of 30 minutes taken in accordance with paragraph 13.1(c), Day Workers, of this clause. Shifts of between eight and 12 hours may be worked where the company and the majority of employees in the plant or section agree.

 

(c)        The company can move an employee to another shift roster by agreement between the company and the employee or after giving 48 hours' notice.

 

(d)        The company shall be entitled to fix the starting and finishing 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 Table 1 - Wages, of Part B, Monetary Rates, and clause 16, Overtime; 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.

 

13.3      Where a day worker is transferred to shift work or vice versa, or is reverting to their usual working time and the need arises from the absence of the rostered employee or from other circumstances beyond the control of the employer, then the employee shall be given 48 hours' notice of the change and be paid overtime rates for any work performed within such 48 hours and which does not fall within the ordinary hours the employee was working when the notice was given.

 

14.  Part-Time Employment

 

14.1      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 19.

 

14.2      The spread of hours shall be the same as those prescribed in clause 13, Hours of Duty.

 

14.3      Any hours worked in excess of 40 per week shall be paid at overtime rates.

 

14.4      An employee so engaged shall be paid one fortieth of the weekly rate for the hours worked, except as provided for in subclause 14.3.

 

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

 

14A.  Casual Employment

 

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

 

(b)        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.

 

(c)        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."

 

15.  Rest Periods

 

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.

 

16.  Overtime

 

16.1      When calculating overtime each day shall stand-alone.

 

16.2      Employees Other Than Seven-Day Shift Workers -

 

(a)        All time worked outside the limitations of ordinary time prescribed by clause 13, Hours of Duty, 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 20, Public Holidays, shall be paid at the rate of double time and a half.

 

16.3      Seven-Day Shift Workers

 

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

 

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

 

(ii)        Saturday or Sunday - double time.

 

(iii)       Financial Members' Day or any of the holidays specified in the said clause 20 - double time and one-half.

 

16.4      Overtime Meal Allowance

 

(a)        An employee who is required to work overtime in excess of two hours after their 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 Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(b)        If an employee, pursuant to notice, has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, the employee shall be paid as prescribed in Item 3 of Table 2 for meals which the employee has provided but which are surplus.

 

(c)        Before commencing such overtime each employee shall be allowed a crib time of 20 minutes, which shall be counted as time worked.

 

(d)        Should the overtime extend beyond five hours each employee shall be allowed, at the end of five hours, a further crib time of 20 minutes, which shall be counted as time, worked. Where the crib breaks are not able to be taken the employee may be paid in lieu for the time worked at the appropriate overtime rate.

 

16.5      Time Off Between Shifts

 

(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 their ordinary work on one day and the commencement of their 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 their 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.

 

16.6      Recall To Duty

 

(a)        An employee recalled to work overtime after leaving their 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.

 

(b)        Except in 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.

 

(c)        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 their ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

(d)        Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause 16.5 of this clause, where the actual time worked is less than four hours on such recall or on each of such recalls.

 

16.7      Overtime on Weekends And Public Holidays

 

Where an employee works overtime on a Saturday, Sunday or public holiday, the employee shall be paid for a minimum of four hours' work. The employee shall also receive a paid crib break of 20 minutes after each five hours' overtime so worked.

 

17.  Penalty Rates

 

17.1      Shift Workers (Other Than Five-Day Shift Workers) -

 

(a)        A six-day or seven-day shift worker whose ordinary hours of work terminate on a:

 

(i)         Saturday shall be paid at the rate of time and one-half for the ordinary hours worked on that shift.

 

(ii)        Sunday shall be paid at the rate of double time for the ordinary hours worked on that shift.

 

(iii)       on the Financial Members' Day or any of the, Public Holidays as defined by clause 20, shall be paid at the rate of double time and one-half half for the ordinary hours worked on that shift..

 

17.2      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 the said clause 20 shall be paid at the rate of double time and a half.

 

18.  Shift Allowances

 

18.1

 

(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 Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(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 Item 5 of the said Table 2.

 

(c)        Shift workers on a permanent night shift shall be paid, in addition to their wages, an allowance as shown in Item 6 of Table 2.

 

18.2      The excess payments over ordinary rates prescribed by clause 16, Overtime, and clause 17, Penalty Rates, shall be payable in lieu of the shift allowances prescribed by this clause.

 

19.  Rostered Days Off

 

Where Rostered Days Off fall on a Public Holiday, as specified in clause 20, the day may be taken at another time mutually agreed upon between the company and the employee.

 

20.  Public Holidays

 

20.1

 

(a)        The days on which the following holidays are observed shall be holidays for the purposes of this Award: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, any other day proclaimed or gazetted as a Public Holiday throughout the State and the Financial Members' Day of the Union which shall be held on the second Monday in November of each year (or such other arrangement as is agreed upon between the employer, employees and the union).

 

(b)        Subject to the provisions of subclauses 20.2, 20.3 and 20.4 of this clause, all employees covered by this award shall be entitled to the abovementioned 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 13, Hours of Duty.

 

(c)        Employees not required to work on holidays shall be paid at ordinary rates of pay for number of hours the employee would have been required to work if that day was not a holiday.

 

20.2      Payment for the said Financial Members' Day shall be made only to financial members of the Union, 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.

 

(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 the normal working hours as required by the employer.

 

(b)        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.

 

(c)        Where a group of holidays as defined in paragraph 20.6 occurs, and an employee is found to be not eligible for payment because of their non-compliance with any or all of the conditions in this subclause, the employee shall forfeit payment for only one day of the group of holidays.

 

20.3      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.

 

20.4      If 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 their 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.

 

20.5      Where two or more of the holidays provided for in subclause 20.1 occur within one week such holidays shall, for the purpose of this award, be deemed to be a group of holidays.

 

21.  Annual Holidays

 

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

 

21.2      A seven day shift worker, in addition to the Annual Holidays provided for by subclause 21.1, shall be entitled to:

 

(a)        additional Annual Holidays of one day for every 36 ordinary shifts worked as a seven-day shift worker if during the year of their employment the employee has served for only portion of the year as such seven-day shift worker; or

 

(b)        one week’s additional Annual Holidays if the employee has served the entire year as a seven day shift worker.

 

21.3      Where the additional Annual Holidays calculated under this subclause includes a fraction of a day, the fraction shall not be taken as Annual Holidays period and shall be discharged by payment only.

 

21.4      Where the employment of an employee is terminated, then in addition to the Annual Holidays payable under section 4 of the Annual Holidays Act, the employee also shall be entitled to an additional payment of three and one-third hours at the ordinary hourly rate for each 21 ordinary shifts of service as a seven-day shift worker since the employees last Annual Holidays entitlement.

 

21.5      Regular burners or kiln operators on seven-day shift work who have been transferred to other classes of employment during the qualifying period owing to no kiln being available for burning, shall be entitled to the additional Holidays as provided in this clause.

 

21.6      A shift worker shall be paid while 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 should 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 20.4.

 

22.  Annual Holiday Loading

 

22.1      This Clause Applies to Annual Holidays to which Employees Become Entitled.

 

22.2      The loading is payable in addition to the ordinary rate of pay for the period of the Annual Holidays.

 

22.3      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 their annual Holidays, including Leading Hand Allowance, but shall not include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

 

22.4      No loading is payable to an employee who takes an Annual Holidays 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 to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause 22.3 of this clause upon the award rates of wages payable on that day.

 

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

 

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

 

(b)        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.

 

22.6

 

(a)        When the employment of an employee is terminated by their 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 subclause 22.3 for the period not taken.

 

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

 

22.7      A shift worker who takes annual Holidays shall be paid 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 if that amount exceeds the loading calculated in accordance with this clause.

 

23.  Days Added to Annual Holidays

 

23.1      In the event that a Public Holiday(s), as defined by clause 20 occurs during an employee’s period of Annual Holidays, the number of Public Holidays that occur during that period shall be added to the end of the employee's period of Annual Holidays. 23.2 No loading shall be paid on any days added to a period of Annual Holidays pursuant to clause 23.1 23.3 In the case of a five day shift worker this clause shall not apply to a Public Holiday that falls on a Saturday or Sunday.

 

24.  Sick Leave

 

24.1      An employee who is absent from work by reason of personal illness or injury (not being illness or injury arising out of the employee's misconduct or default or from an injury arising out of or in the course of employment) shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(a)        Day workers shall, whenever practicable, within eight hours of the commencement of absence, inform the employer of their incapacity to attend for duty, and as far as practicable, state the nature of the illness or injury, and the estimated duration of the absence. In the case of shift workers, notification must be prior to the normal commencement time. Notification must be provided to a nominated supervisor or company delegate.

 

(b)        An employee who is absent for more than three single days or two or more consecutive working days must provide a medical certificate stating the period for which the employee was unfit for work and the reason. Certificates must be provided for all sick leave taken in conjunction with a public holiday.

 

(c)        Sick Leave Entitlement

 

(i)         In the first year with an employer, the employee shall be entitled to sick leave of 40 hours of ordinary working time.

 

(ii)        During the second and subsequent years with an employer, the employee shall accrue sick leave of 64 hours of ordinary working time each year.

 

(iii)       Periods of leave without pay shall not accrue entitlements to sick leave.

 

(d)        The employee shall not be entitled to payment in respect of any time lost on an ordinary working day on which, had the employee attended for duty, the employee would not have been required to work.

 

(e)        The employee shall be paid at the ordinary rate of pay for the sick day (or days).

 

(f)         `The payment for any absence on sick leave in accordance with this clause during the first three months of continuous service in the industry may be withheld by the employer until the employee completes such three months, at which time the payment shall be made.

 

24.2      The rights under this clause shall accumulate from year to year so that any paid sick leave, which has not been taken in any year, may be claimed by the employee in a subsequent year.

 

24.3      For the purpose of this clause, continuous service shall be deemed not to have been broken by:

 

(a)        any absence from work on leave granted by the employer; or

 

(b)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall, in each case, be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months specified in paragraph 24.1(f).

 

24.4      For the purpose of this clause, "year" shall mean the period of 12 months measured from the date of employment and subsequent anniversaries.

 

25.  Personal/Carer’s Leave

 

25.1      Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 25.1(d) 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 24, 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 the employee being responsible for the care and support of the person concerned; and

 

(d)        the person concerned being:

 

(i)         a spouse of the employee; or

 

(ii)        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

 

(iii)       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

 

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

 

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

 

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

 

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

 

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

 

(e)        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 their 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 first 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 40, Industrial Disputes and Grievance Procedure, should be followed.

 

25.2      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 25.1(d) above who is ill or who requires care due to an unexpected emergency.

 

25.3      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 25.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

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

 

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

 

25.4      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 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 (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

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

 

25.5      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."

 

25.6      Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 25.1(b) and 25.1(e) 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 25.1(d) 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.

 

26.  Bereavement Leave

 

26.1      An employee, other than a casual employee, shall be entitled to up to two days Bereavement Leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australia as prescribed in subclause 26.3.

 

26.2      The employee must notify the employer as soon as practicable of the intention to take Bereavement Leave and will provide to the satisfaction of the employer proof of death.

 

26.3      Bereavement Leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave, as set out in paragraph (d) of subclause 25.1 of clause 25, Personal/Carer's Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

26.5      Bereavement Leave may be taken in conjunction with other leave available under clause 25, Personal/Carer's Leave. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

26.6      Bereavement entitlements for casual employees

 

26.6.1   Subject to the evidentiary and notice requirements in 26.2 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 25.1(d) of clause 25, Personal/Carer’s Leave.

 

26.6.2   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.

 

26.6.3   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.

 

27.  Jury Service

 

27.1      An employee required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of 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.

 

27.2      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.

 

28.  Attendance at Repatriation Centres

 

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

 

28.1.1   Such lost time does not exceed four hours on each occasion.

 

28.1.2   Payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Repatriation Department as a result of each visit.

 

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

 

28.1.4   The employee produces evidence satisfactory to the employer that the employee is required to and subsequently does attend a repatriation centre.

 

29.  Long Service Leave

 

See Long Service Leave Act 1955.

 

30.  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).

 

31.  Telephone

 

A telephone shall be made available, where practicable, to all workers on shift in case of sickness, injury or other emergency.

 

32.  Tools

 

All tools required by employees at their respective work shall be provided by the employer but, in instances where such goods are lost or destroyed by the absolute fault of the employee, the employee shall be liable, if called upon, to restore or pay for same.

 

33.  Wet Weather

 

If a question arises whether it is too wet to work it shall be decided by three persons, one representing the employer, one of those working under cover and one of those working not under cover, whose decision, whether unanimous or not, shall be final.

 

34.  Dirty Work

 

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.

 

35.  Redundancy

 

35.1      Application

 

(a)        This clause shall apply in respect to full time and part time persons employed in the classifications specified by Clause 9, Wages.

 

(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.

 

35.2      Introduction of Change

 

(a)        Employer's Duty To Notify

 

(i)         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.

 

(ii)        "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where this award makes provision for alteration, it shall be deemed not to have significant effect.

 

(b)        Employer's Duty To Discuss Change

 

(i)         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 subclause 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.

 

(ii)        The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph 35.2(a).

 

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

 

35.3      Redundancy

 

(a)        Discussions Before Terminations

 

(i)         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 35.2(a)(i), 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.

 

(ii)        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 35.2(a)(i) 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.

 

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

 

35.4      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, program, organisation or structure, in accordance with subparagraph 35.2(a)(i).

 

(i)         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
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(ii)        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.

 

(iii)       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.

 

(iv)      Unless and until the employer has complied with the requirements of subclause 35.2, Introduction of Change, and Clause 35.3, Redundancy, the status quo will be maintained; that is, the employer will not implement the redundancy or redundancies which is or are the subject of the dispute, and the employees will not take industrial action.

 

(b)        Notice For Technological Change

 

This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subclause subparagraph 35.2(a)(i).

 

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

 

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

 

(iii)       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 The Notice Period

 

(i)         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.

 

(ii)        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 to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(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 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 35.2(a), 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.

 

35.5      Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subclause 35.4 of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service.

 

(b)        The employer shall pay in accordance with the following scale:

 

Years of service	Employee Under 45years of age	Employee Over 45 years of age
Less than 1 year	Nil	Nil
1 year and less than 2 years	4 weeks	6 weeks
2 years and less than 3 years	7 weeks	8.75 weeks
3 years and less than 4 years	10 weeks	12.5 weeks
4 years and less than 5 years	12 weeks	15 weeks
5 years and less than 6 years	14 weeks	17.5 weeks
6 years and over	16 weeks	20 weeks

 

"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 pursuant to this award.

 

35.6      Incapacity to Pay

 

(a)        Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 35.5(a) above.

 

(b)        The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect of paying the amount of severance pay in paragraph 35.5(a) of this Clause will have on the employer.

 

35.7      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 35.5(a) above if the employer obtains acceptable alternative employment for an employee.

 

36.  Re-Engagement

 

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

 

37.  First-Aid

 

37.1      Where an employee is appointed to perform first-aid duty, such employee shall be paid an allowance as shown in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to their ordinary rates.

 

37.2      The Occupational Health and Safety Regulation 2001, as amended from time to time, shall apply in respect of the requirements for first-aid facilities.

 

38.  Anti-Discrimination

 

38.1      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.

 

38.2      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 effect. 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.

 

38.3      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.

 

38.4      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.

 

38.5      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.

 

38.6      NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation. Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

(b)        "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".

 

39.  Union Business

 

39.1      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 their representative. The delegate shall, at their request, be allowed a reasonable opportunity to carry out such duties at a time reasonably convenient to the employee 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.

 

39.2      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.

 

39.3      Where required, elected union delegates shall undergo training in the areas of industrial relations and award interpretation. Training will be a maximum of two days paid leave per year per factory.

 

40.  Industrial Disputes and Grievance Procedure

 

40.1      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.

 

(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 the union for the purpose of each procedure.

 

40.2      Grievance Procedure -

 

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

 

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

 

(d)        At the conclusion of the 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.

 

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

 

41.  Enterprise Arrangements

 

41.1      The provisions of this clause apply in addition to the Enterprise Arrangements Principle of the Wage Fixing Principles.

 

41.2      The terms of any proposed genuine agreement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

 

(a)        A majority pf employees affected genuinely agree.

 

(b)        Such arrangement is consistent with the current Wage Fixing Principles. Before any arrangement requiring variation to the award is signed and processed, in accordance with this subclause, details of such arrangement shall be forwarded in writing to the union and the employer association of which the employer is a member.

 

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

 

41.4      No existing employee shall suffer a reduction in entitlement to earnings, award or over-award, for working ordinary hours of work as a result of any award changes made as part of the implementation of the arrangement.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Classification	Award rate per week	Safety net adjustment	Total per week
$	$	$
Basic Entry Level	504.80	20.00	524.80
Level 1	523.10	20.00	543.10
Level 2	534.30	20.00	554.30
Level 3	546.50	20.00	566.50
Level 4	564.00	20.00	584.00

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	9.3	Industry Allowance	21.20 per week
2	11.2	Leading Hand	36.13 per week
3	16.4	Meal Allowance	8.82 then 7.47 for each
			subsequent meal.
4	18.1 (a)	Shift allowance -
		rotating day-afternoon, day-night,
		day-afternoon-night shift	7.89 per shift
5	18.1 (b )	Shift allowance -
		rotating afternoon-night shift	11.79 per shift
6	18.1 (c)	Shift allowance -
		permanent night shift	23.25 per shift
7	37	First Aid Allowance	2.11 per day

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.