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New South Wales Industrial Relations Commission
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Bacon Factory Employees (Cumberland) Consolidated Award
  
Date05/02/2008
Volume365
Part3
Page No.701
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6525
CategoryAward
Award Code 022  
Date Posted05/02/2008

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(022)

(022)

SERIAL C6525

 

Bacon Factory Employees (Cumberland) Consolidated Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1523 of 2007)

 

Before Commissioner Bishop

4 February 2008

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Definitions

2.         Hours of Work

3.         Meal Breaks

4.         Wages

5.         Arbitrated Safety Net Adjustment

6.         Undertakings

7.         Working in Cold Temperatures

8.         Overtime

9.         Mixed Functions

10.       Sundays and Holidays

11.       Annual Leave

12.       Annual Holidays Loading

13.       Long Service Leave

14.       Sick Leave

15.       Personal/Carer’s Leave

15A.    Parental Leave

16.       Bereavement Leave

17.       Terms of Employment

18.       Payment of Wages

19.       Rest Pauses

20.       Supply of Special Clothing, Knives and Accessories

21.       Redundancy

22.       Anti - Discrimination

23.       Enterprise Arrangements

24.       Grievance Procedure

25.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Other Rates and Allowances

 

PART A

 

1.  Definitions

 

Unless the context otherwise indicates or requires, the expressions below shall have the respective meanings assigned to them:

 

(i)         "Casual" shall mean an employee engaged by the day.

 

(ii)        "Union" shall mean The Australasian Meat Industry Employees' Union, New South Wales Branch.

 

2.  Hours of Work

 

(i)         Weekly Full-time Employees -

 

(a)        The ordinary hours of work for full-time workers, exclusive of meal breaks, shall not exceed an average of forty per week.

 

(b)        Ordinary hours shall be worked between 6.00 a.m. and 6.00 p.m. Monday to Friday, inclusive.

 

(c)        The ordinary hours may vary from worker to worker and from section to section within the enterprise, by agreement between the employer and the employee(s).

 

3.  Meal Breaks

 

(i)         Employees shall be allowed not less than thirty minutes nor more than one hour between the hours of 11.30 a.m. and 2.00 p.m. on each working day for the purpose of taking a meal.

 

(ii)        Such meals for all employees may be staggered by the employer within each particular work area in order that full production may be maintained wherever possible.

 

(iii)       Any employee who is called upon to work for more than two hours after the employee’s normal ceasing time shall be allowed not less than thirty minutes for a meal break, which shall be taken immediately after the normal ceasing time:  Provided however, that the employees may, at their option, agree to work up to two hours after their normal ceasing time without taking such a meal: Provided further than no employee shall be required to work more than four hours' overtime without a break for a meal.

 

(iv)       If no meal break or less than the prescribed meal break is allowed the employee shall be paid for the time so worked at the rate of double time of the appropriate rate of pay.

 

(v)        An employee, who has not been notified on the immediately preceding work day that the employee will be required to work overtime on any day for more than one and one-half hours, shall be provided with a meal by the employer or in lieu thereof shall be paid the sum at Item 1 of table 2 - Other Rates and Allowances of Part B - Monetary Rates of this Award for the first meal and each subsequent meal. Any employee who has provided themselves with a meal after being notified and who is not then required to work after the normal ceasing time shall be paid the sum at Item 1 of Table 2 - Other Rates and Allowances of Part B Monetary Rates of this Award.

 

(vi)       Except as provided in subclause (ii) of this clause, not more than five hours shall be worked without a break for a meal.

 

4.  Wages

 

(i)         Adult Employees - The minimum rates of pay to be paid to adult weekly full-time employees shall be as set out in Table 1 - Wage Rates, of Part B of this Award.

 

(ii)        Part-time Employees:

 

A part-time employee shall be paid an hourly rate ascertained by dividing the weekly rate payable under Table 1 by 40.

 

(iii)       Casual Employees:

 

The hourly rate for a casual employee shall be ascertained by dividing the weekly rate payable under Table 1 plus 15 per cent, by 40.

 

NOTATION: Casual Employees are entitled to an additional 1/12th of ordinary pay pursuant to the Annual Holidays Act 1944.

 

(iv)       Junior Employees -

 

(a)        Junior employees shall be employed in such proportion to adult employees as may be agreed upon between the employer and the union.

 

(b)        The minimum rates of pay to be paid to junior employees shall be the following percentages of the appropriate rate of pay prescribed for the equivalent adult classification:

 

 

Per week

 

Percent (%)

Under 17 years of age

75%

At 17 years of age

85%

At 18 years of age

90%

At 19 years of age

95%

At 20 years of age

100%

 

(v)        Leading Hands - Employees employed as leading hands shall, in addition to the appropriate rate of pay prescribed by this award, be paid the following: allowance at Item 2 of Table 2 Other Rates and Allowances and Part B Monetary Rates of this Award. Provided that this subclause shall not apply to an employee classified and paid as first curer, first employee cutting up and first employee washing, smoking and drying.

 

5.  Arbitrated Safety Net Adjustment

 

State Wage Case Adjustment

 

The rates of pay in this award include adjustments payable under the 2005, 2006 and 2007 State Wage Case Decisions. These adjustments may be offset against:

 

(i)         any equivalent overaward payments, and/or

 

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

 

6.  Undertakings

 

(i)         Award Modernisation -

 

(a)        The parties are committed to examining this award to ensure it reflects the need of modern business and to eliminate or amend provisions which restrict the ability of employers to adapt quickly and efficiently to changes affecting their business and the provision of service to the consumer/customer.

 

(b)        The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

(c)        The union is prepared to discuss with employers all matters raised by the union and the employers for increased flexibility. As such any discussion with the union must be premised on the understanding that:

 

(1)        Changes will not be of a negative cost-cutting nature.

 

(2)        The negotiations will include the union and employer associations.

 

(3)        The union will not unreasonably oppose agreement.

 

(4)        If agreement cannot be reached in the implementation process on a particular issue it shall be referred to the Industrial Commission of New South Wales for resolution.

 

(d)        The parties agree that under this heading any award matter can be raised for discussion.

 

(e)        Where any agreement is reached pursuant to this clause earlier than 6 months from the date of introduction of this clause the union will not oppose implementation of the agreement in the award prior to the expiry of the 6 months.

 

(ii)        Flexibility of Work -

 

(a)        Employees are to perform a wider range of duties including work which is incidental or peripheral to their main task or functions.

 

(b)        Employees shall perform such work as is reasonable and lawfully required of them by the employer including accepting instruction from authorised personnel.

 

(c)        Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee.

 

(d)        Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times.

 

7.  Working in Cold Temperatures

 

(i)         Each employee shall be paid the allowance at Item 3 of Table 2 - Other Rates and Allowances of Part B Monetary Rates of the Award per hour or part thereof, in addition to his ordinary rate of pay, for time worked in a room wherein the temperature had been artificially reduced below 1.667 degrees Celsius: Provided that if, when commencing work in the morning, the temperature is below 1.667 degrees Celsius no such additional sum shall be payable in respect thereof unless the temperature remains at less than 1.667 degrees Celsius for at least one hour after commencing work: Provided further that time worked which, on any day, is less than thirty minutes in the aggregate shall be disregarded.

 

(ii)        An employee who is over-heated through working outside shall be allowed time to cool off before being required to work in a temperature artificially reduced below 1.667 degrees Celsius.

 

(ii)        No employee shall be required to work in any room where a leak of ammonia exists.

 

(iv)       For the purpose of this clause the temperature of a room shall be the temperature of the coldest part of such room.

 

8.  Overtime

 

(i)         Time worked outside of or in excess of ordinary hours of work, prescribed by this award, shall be paid for at time and one-half for the first two hours and double time thereafter. In the computation of overtime each day shall stand alone.

 

(ii)        Employees who are required to attend and who do attend for work on Saturday shall be paid for a minimum of two hours at the appropriate overtime rates.

 

(ii)        It is a condition of employment that employees shall work reasonable overtime to meet the needs of the industry.

 

9.  Mixed Functions

 

(i)         An employee who is required to perform on any day work for which a higher rate of wage than that of the employee’s ordinary classification is prescribed shall be paid as follows:

 

(a)        If the employee is required to perform such work for four hours or more the employee shall be paid for the day the higher (or highest, as the case may be) rate of wage prescribed for the work performed.

 

(b)        If the employee is required to perform such work for two hours or more, but for less than four hours the employee shall be paid for one-half day the higher (or highest, as the case may be) rate of wage prescribed for the work performed.

 

(c)        If the employee is required to perform such work for less than two hours the employee shall be paid the higher (or highest, as the case may be) rate of wage prescribed for the time actually occupied on such work. Provided that no additional payment under this subclause need be made to an employee who is required to perform, on any day, such higher paid work for not more than thirty minutes because of the failure of another employee to present themselves for work at their ordinary starting time.

 

(ii)        An employee, who is required to perform, on any day, work for which a lower rate of wage than that of the employee’s ordinary classification is prescribed, shall suffer no reduction in pay in consequence thereof.

 

10.  Sundays and Holidays

 

(i)         The following days shall be observed as holidays, namely: New Year's Day, Australia Day Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day Boxing Day, the Annual Picnic Day of The Australasian Meat Industry Employees' Union, New South Wales Branch, or the days observed in lieu thereof and all public holidays proclaimed for the whole of the State. Provided that by agreement between the employer and employee(s) the above holidays may be substituted for another day off.

 

(ii)        No deduction shall be made from the wage of a weekly employee who has not worked on any such holiday. This subclause shall not apply to any employee who, without leave or reasonable excuse, has not worked as required on the working day immediately preceding and the working day immediately following the holiday. Where public holidays fall on consecutive days an employee who works on either the working day preceding or the working day succeeding such holiday, but not on both, shall be entitled to payment for the public holidays closest to the said day on which the employee worked.

 

(iii)       Employees who are required to attend and do attend for work on any of the public holidays named in subclause (i) of this clause, shall be paid at the rate of double time and one-half with a minimum payment of four hours' work.

 

(iv)       Employees who are required to attend and do attend for work on Sundays shall be paid at the rate of double time with a minimum payment of four hours' work.

 

11.  Annual Leave

 

See Annual Holidays Act 1944.

 

12.  Annual Holidays Loading

 

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

 

(ii)        Before an employee is given and takes their annual holiday, or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause.

 

(NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vii) of this clause.)

 

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

 

(iv)       The loading is to be calculated in relation to any period of annual holiday to which an employee becomes or has become entitled since 31 December 1973, and which commences on or after 1 January 1974, or where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(v)        The loading is an amount payable for the period or the separate period as the case may be stated in subclause (iv) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual holiday.

 

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

 

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

 

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

 

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

 

(viii)

 

(a)        When the employment of an employee is terminated by the employee’s employer after 31 December 1973 for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled to the employee shall be paid a loading calculated in accordance with subclause (v) of this clause 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.

 

13.  Long Service Leave

 

See Long Service Leave Act 1955.

 

14.  Sick Leave

 

An employee who, after not less than three months' continuous service in their current employment with the employer, is unable to attend for duty during their ordinary working hours by reason of personal illness or personal incapacity received in the said employment not due to their own serious and wilful misconduct, shall be entitled to be paid for such non attendance the amount of the employee’s ordinary time rate of pay, subject to the following:

 

(i)         The employee shall, within twenty four hours of the commencement of such absence, inform `the employer of the employee’s inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the same.

 

(ii)        For the purpose of ascertaining whether or not an employee is or has been ill and the particulars thereof, including, where applicable, the estimated duration of the absence, the employer, through any person appointed by the employer to interview employees for the purpose stated, shall have the right to interview an employee who is or has been absent from duty.  Where a person so appointed is a legally qualified medical practitioner the right to interview an employee shall include the right to examine the employee.

 

(iii)       The employee shall prove to the satisfaction of the employer (or in the event of a dispute the Industrial Relations Commission of New South Wales) that the employee is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.

 

(iv)       In any period of employment, the employee’s entitlement to sick pay shall be in accordance with the following schedule:

 

1st year of service - 5 days.

 

2nd year of service and thereafter - 10 days' duration.

 

(v)        Sick leave shall accumulate from year to year for 3 years, that is, sick leave not taken in each year of service shall be available to the employee for a period of 3 years from the end of each such year.

 

(vi)       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.

 

(c)        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.

 

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

 

(ix)       Service before the date of this award shall be counted for the purpose of assessing the annual sick leave entitlement. Accumulation at the credit of the employees at the commencement of this award will not be increased or reduced by this clause.

 

15.  Personal/Carer's Leave

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 15(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 14, 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:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

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

 

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

 

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.

 

(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 24, Grievance Procedure, should be followed.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 15(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

(3)        Annual Leave

 

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

 

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

 

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

 

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

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        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.

 

(5)        Make-up Time

 

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

 

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

 

(6)        Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 15(1)(b) and 15(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 15(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.

 

15A.  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).

 

16.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to 16 working hours bereavement leave, without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person as prescribed in subclause (iii) of this clause.

 

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

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 15, State Personal/Carer's Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) of the said clause 15. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vi)       Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 16(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 15(1)(c)(ii) of clause 15, Personal/Carer's Leave.

 

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

 

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

 

17.  Terms of Employment

 

(i)         Types of engagement: An employee may be engaged -

 

(a)        as a weekly employee; or

 

(b)        as a part-time worker; or

 

(c)        as a casual employee.

 

(ii)

 

(a)        "Part-time employee" means an employee who is a weekly employee engaged for a minimum of 18 hours per week on not less than 3 days per week. The hourly rate shall be the weekly rate divided by 40.

 

(b)        The rostered times of work cannot be altered by the employer unless 48 hours notice is given, or unless there is mutual consent by the employer and the employee(s) to such lesser period applying.

 

(c)        Notwithstanding anything else contained in this award, the provisions of this award with respect to annual leave, sick leave, jury service, bereavement leave, and holidays shall apply to part-time employees on a proportionate basis.

 

(iii)       The employment of weekly employees and part-time employees may be terminated by either the employer or the employee by a week’s notice on either side or upon payment or forfeiture, as the case may be, of a week’s wages.

 

(iv)       This clause shall not affect the right of an employer to -

 

(a)        deduct payment for any day or portion thereof during which an employee is stood down by the employer as a result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee;

 

(b)        dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty, or misconduct and in such case wages shall be payable up to the time of dismissal only.

 

(v)        Secure Employment.

 

(a)        Objective of this Clause

 

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

 

(b)        Casual Conversion

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c)        Occupational Health and Safety

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(d)        Disputes Regarding the Application of this Clause

 

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

 

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

 

18.  Payment of Wages

 

(i)         By agreement between the employer and the existing employees, wages shall be paid by either cash, cheque or Electronic Funds Transfer (EFT). Wages shall be paid on a fixed day each week and shall include all monies up to the finishing time two week-days earlier.

 

(ii)        The employer may vary the pay day around public holidays.

 

(iii)       Provided that as from the effective date of this variation all new employees shall, at the discretion of the employer, be paid by EFT, cheque or cash.

 

19.  Rest Pauses

 

(i)         Employees shall be allowed ten minutes in the forenoon and ten minutes in the afternoon as a rest pause which shall be paid for as time worked.

 

(ii)        Rest pauses shall be taken at such times as may be mutually arranged between the employer and the union.

 

(iii)       Subject to subclause (iii) of clause 3, Meal Breaks, of this award, an employee working overtime who has worked continuously on overtime for two hours shall be allowed a paid rest break of ten minutes if the employee will be required to work overtime for an additional hour.

 

20.  Supply of Special Clothing, Knives and Accessories

 

(i)         Every employer shall each year supply free of cost two sets of overalls or wrap overs and two head caps to each employee.  Provided that if an employee can show to the employer's satisfaction that the clothing is subject to excessive wear and tear because of the duties entailed in the employee’s position the employer shall supply to the employee such additional clothing as is reasonably necessary: Provided that substitute clothing not less favourable may, by agreement between the employer and the union, be provided in lieu of the overalls.

 

(ii)        An employer shall provide, free of cost, for the use of every employee, whose work so requires, gloves, waterproof aprons, gum boots and any necessary special clothing.

 

(iii)       Any employer required to supply gum boots and who is prepared to supply, free of cost to the employee, leather boots, because of wetness associated with the employee's work, shall not be required to supply gum boots.

 

(iv)

 

(a)        Subject to paragraph (b) of this subclause, an employer shall provide, free of cost, knives, steels, pouches and all accessories for the use of employees.

 

(b)        Where an employer does not provide tools of trade to employees whose work necessarily requires the use of knives, oil-stones, steels and pouches, boners shall be paid an allowance at Item 4 (i) per week or (ii) per day, any other employees (iii) per week or (iv) per day of Table 2 Other Rates and Allowances of Part B Monetary Rates of this Award.

 

(v)        Each employee required to work in a room wherein the temperature has been artificially reduced below 1.667 degrees Celsius shall be supplied, free of cost, with suitable warm clothing for use in such work. "Suitable warm clothing" means clothing suitable for the purpose of keeping an employee's whole person warm.

 

(vi)       Any employee applying for new gloves, aprons, boots or outer garments or knives, steels, pouches or accessories, and who fails to return the corresponding articles last issued to the employee, shall not be entitled to same without payment therefore at a reasonable price.

 

(vii)      Upon the termination of employment any employee who fails to return the articles issued to the employee shall have deducted from any moneys due to the employee the value of the articles with which the employee was issued and which he failed to return.

 

21.  Redundancy

 

(i)         Application -

 

(a)        This clause shall apply to all employees covered by this award (excepting those set out below).

 

(b)        It shall apply to employers (where there are more than 15 employees) immediately prior to the termination of the employment of employees.

 

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

 

(ii)        Introduction of Change -

 

(a)        Employer's duty to notify -

 

(1)        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant 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 this award makes provision for alteration of any matters referred to in this award, an alteration shall be deemed not to have significant effect.

 

(b)        Employer's duty to discuss change -

 

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

 

(2)        The discussions shall commence as early as possible 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 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.

 

(iii)       Redundancy -

 

(a)        Discussions before terminations -

 

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

 

(2)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of the said subparagraph (1) and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

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

 

(iv)       Termination of Employment -

 

(a)        Notice for changes in production, program, organisation or structure - This 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 (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause:

 

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

 

Period of continuous service

Period of notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

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

 

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

 

(b)        Notice for technological change - This paragraph sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause:

 

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

 

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

 

(3)        The period of notice required by this paragraph 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 -

 

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

 

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

 

(d)        Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this subclause as those 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 subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

 

(v)        Severance Pay -

 

(a)        Where an employee is to be terminated pursuant to subclause (iv) Termination of Employment, 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:

 

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

 

Years of service

Under 45 years of age entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(2)        Where an employee is 45 years 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 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)        "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with the Table1 - Wage Rates, in Part B and Clause 4, Wages.

 

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

 

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

 

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

 

22.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23.  Enterprise Arrangements

 

(a)        The Commission may approve of enterprise arrangements reached in accordance with the clause and the provisions of the Industrial Relations Act 1996.

 

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

 

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

 

(d)        Enterprise arrangements shall be for a fixed term and there shall be no further adjustments of wages or other conditions of employment during this term other than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such arrangement shall continue in force until varied or rescinded in accordance with the Industrial Relations Act 1996.

 

(e)        For the purposes of seeking the approval of the Commission, and in accordance with the provisions of the Industrial Relations Act 1996, a party shall file with the Industrial Registrar an application to the Commission to either:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

24.  Grievance Procedure

 

All grievances, claims or disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

(i)         Any grievance or question, dispute or difficulty, which arises, will, where possible, be settled by discussion on the job between the employee(s) and the immediate supervisor.

 

(ii)        If the matter is not resolved at those levels, it will be further discussed between the affected employee(s) and the employer. Both the employer’s industrial representative and the employee’s Union representative may be notified.

 

(iii)       If no agreement is reached within a reasonable time period and the Union is involved in the dispute, the Union Secretary or the employee’s representative will discuss the matter with the employer and/or the employer’s nominated industrial relations representative.

 

(iv)       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 the proposed remedy.

 

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

 

(vi) Whilst the foregoing procedure is being followed normal work must continue.

 

(vii)      Should the matter still not be resolved within a reasonable time period it may be referred by either party to the Industrial Relations Commission of New South Wales for settlement.

 

25.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Bacon Factory Employees (Cumberland) Consolidated Award published 25 March 2005 (349 1G 669), as varied.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 4 February 2008.

 

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

 

It shall apply to all employees in bacon factories within the jurisdiction of the Bacon Factory Employees (Cumberland) Industrial Committee.

 

Bacon Factory Employees (Cumberland) Industrial Committee

 

Industries and Callings

 

Persons engaged in bacon factories, including persons engaged therein canning ham and bacon, and including also slaughtermen and their assistants in or for bacon factories, in the County of Cumberland;

 

Excepting -

 

Carters, grooms, stablemen, yardmen, drivers of motor or other power-propelled vehicles and labourers employed in connection therewith;

 

Engine-drivers, firemen, greasers, trimmers, cleaners, and pumpers engaged in or about the driving of engines, and electrical crane, winch and motor drivers;

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

 

 

Column A

Column A

Column A

 

 

SWC 2005

SWC 2006

SWC 2007

 

 

Effective

Effective

Effective

 

 

From

From

From

 

 

1 Dec 2007

1 Dec 2007

1 Dec 2007

1

First curer

510.10

530.10

550.10

2

Second curer

501.10

521.10

541.10

3

Backer down or chopper down

501.10

521.10

541.10

4

Boner and trimmer(including tunnel boning)

501.10

521.10

541.10

5

Pickle pumper (arterial or stab)

495.10

515.10

535.10

6

First man - cutting up

495.10

515.10

535.10

7

Packer - ham canning

484.40

504.40

524.40

8

First man - washing, smoking and drying

499.00

519.00

539.00

9

Bacon boner

496.90

516.90

536.90

10

Cutter up

492.40

512.40

532.40

11

Tally and despatch hand

489.60

509.60

529.60

12

Cooker and lardman

489.40

509.60

529.60

13

Closing machine operator

486.50

506.50

526.50

14

Solderer

486.50

506.50

526.50

15

Bacon curer’s labourer - doing salting

484.40

504.40

524.40

16

Smokehouse labourer

484.40

504.40

524.40

17

Labourer

484.40

504.40

524.40

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Explanation

Column A

Column B

Column C

 

 

 

SWC 2005

SWC 2006

SWC 2007

 

 

 

Effective

Effective

Effective

 

 

 

From 1 Dec

From 1 Dec

From 1 Dec

 

 

 

2007

2007

2007

1

3 (v)

Meal Allowance

$9.41

$9.74

$10.09

2

4 (v)

Leading Hand allowance in charge

 

 

 

 

 

of more than two but not more than

$10.01

$10.41

$10.83

 

 

ten employees in charge of more

 

 

 

 

 

than ten employees

$17.35

$18.04

$18.76

3

7 (i)

Working in cold temperatures per

 

 

 

 

 

hour or part thereof

0.36

0.37

0.37

4

20 (iv)(b)

Supply of special clothing, knives

 

 

 

 

 

and accessories

 

 

 

 

 

(i)

per week

$5.15

$5.36

$5.57

 

 

(ii)

per day

$1.03

$1.07

$1.11

 

 

(iii)

per week

$3.09

$3.21

$3.34

 

 

(iv)

per day

0.62

0.64

0.67

 

 

 

E. A. R. BISHOP, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'