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Boiling Down and By-Products (Cumberland) Consolidated Award
  
Date07/11/2008
Volume366
Part1
Page No.29
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6526
CategoryAward
Award Code 040  
Date Posted07/10/2008

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(040)

(040)

SERIAL C6526

 

Boiling Down and By-Products (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 1526 of 2007)

 

Before Commissioner Bishop

4 February 2008

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.       Subject Matter

 

1.        Definitions

2.        Hours

3.        Meal Breaks

4.        Wages

5.        Shift Work Allowance

6.        Proportion

7.        Overtime

8.        Flexibility of Work

9.        Commitment to Training and Careers

10.      Consultative Mechanism

11.      Sunday and Holiday Work

12.      Holidays

13.      Annual Leave

14.      Annual Leave Loading

15.      Long Service Leave

16.      Sick Leave

17.      Personal/Carers Leave

17A.   Parental Leave

18.      Bereavement Leave

19.      Terms of Engagement

20.      Payment of Wages

21.      Morning Break

22.      Amenities

23.      Dispute Procedure

24.      Transfer of Employees

25.      Special Clothing, Knives and Accessories

26.      Display of Award

27.      Right of Entry

28.      Anti-Discrimination

29.      Redundancy

30.      Superannuation

31.      Area, Incidence and Duration

 

 

 

 

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

PART A

 

1.  Definitions

 

1.1      Afternoon shift means any shift terminating after 6.00 p.m. and at or before 12.00 midnight.

 

1.2      Night shift means any shift finishing after 12.00 midnight.

 

1.3      Tallowperson means an employee who is usually engaged in making tallow.

 

1.4      Rendering plant operator - An employee who is required to operate all necessary plant customarily used for the manufacture of tallow and meat meal by the rendering process.

 

1.5      Assistant Rendering Plant Operator - An employee who assists generally in the performance of the duties of the rendering plant operator.

 

1.6      Mill Hand - An employee required to carry out all duties necessary in the milling and bagging section relating to the production of meat meal including the driving of a forklift truck when necessary.

 

2.  Hours

 

The ordinary hours of working shall not exceed forty per week for a full time employee, and shall be worked as follows:

 

2.1      Day Workers

 

Not more than eight hours in any one day Monday to Friday inclusive, between the hours of 6.00 a.m. and 5.00 p.m.

 

2.2      Afternoon and Night Shift Workers

 

In five shifts of eight hours each, Monday to Friday, inclusive.

 

2.3      Tallowperson

 

In five shifts of not more than eight hours each, spread over the six days of the week, Monday to Saturday.

 

3.  Meal Breaks

 

3.1

 

3.1.1   Day workers shall have a meal break of not more than one hour nor less than thirty minutes between 11.30 a.m. and 1.30 p.m.

 

3.1.2   Shift workers shall not be compelled to work more than five hours without a break for a crib of twenty minutes, which shall be allowed without deduction of pay and shall be taken at a time suitable to the processes on which they are engaged.

 

3.2      Not more than five hours shall be worked after the ordinary commencing time without a break for a meal.

 

3.3      Any employee called upon to work for more than two hours after his/her normal ceasing time shall be allowed at least thirty minutes, but not more than one hour, for a meal which shall be taken not later than two hours after such normal ceasing time.

 

3.4

 

3.4.1   An employee who has not been notified on the immediately preceding working day that he/she will be required to work overtime on any day for more than two 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. An employee who has provided his or herself with a meal after having been so notified and who then is not 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.

 

3.4.2   A meal need not be provided under this subclause nor need payment be made in lieu thereof if the employee be permitted to return to his/her home for the meal in question and he/she can reasonably do so.

 

3.4.3   Any payment for a meal under this subclause shall be in addition to any overtime payment under clause 7 - Overtime, of this award.

 

4.  Wages

 

4.1      The current rates of pay for a full time employee under this award can be found in Table 1 - Rates of Pay of Part B - Monetary Rates of this Award.

 

4.2      Employees engaged in taking-off and bagging fertiliser other than blood and bone dust, where the appliances do not permit of the bag being secured in such a way as will, in the opinion of the Conciliation Committee, prevent the fertiliser escaping whilst the bag is being filled shall, whilst so employed, be paid an amount per hour as set out at item 2 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this Award in addition to their ordinary pay.  Such rates shall be paid only for hours actually worked.

 

4.3      An employee who has the appropriate certificate and is required by his/her employer to drive a fork lift, shall be paid an amount as set out at item 3 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this Award per day in addition to the rates prescribed above.

 

4.4      Junior Rates:

 

 

Percentage of Mill Hand Rate %

 

 

At 16 years of age and under

60

At 17 years of age

75

At 18 years of age

Adult Rate

 

These rates are to be calculated to the nearest 10 cents.

 

4.5      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.

 

4.6      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.

 

(a)      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.

 

4.7      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:

 

4.7.1   any equivalent over award payments, and/or

 

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

 

5.  Shift Work Allowance

 

Employees employed under subclause 4.1 of clause 4 - Wages, of this award on afternoon or night shift, in addition to the rates payable under this award, shall be paid 15 per cent for afternoon shift and 30 per cent for night shift.

 

6.  Proportion

 

One junior may be employed to three adult workers. For the purposes of this clause, a junior employee paid adult rates of pay as prescribed in Table 1 - Rates of Pay of Part B - Monetary Rates of this Award shall not be included in the ratio of junior employees to adult employees.

 

7.  Overtime

 

7.1      All time worked from Monday to Friday, inclusive, in excess of or outside the hours specified in clause 2 - Hours, of this award, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter, calculated on a daily or shift basis.

 

7.2      All time worked on Saturday by employees other than ordinary time worked by tallowpersons and by shift workers in completing a shift begun on the previous day, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter; provided that all time worked after 12.00 noon shall be paid for at the rate of double time.

 

7.3      A day worker called in to work on Saturday shall be paid a minimum of four hours at the appropriate rate.

 

7.4      Overtime shall be calculated on the employee's ordinary rate of pay.

 

7.5      It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the industry.

 

8.  Flexibility of Work

 

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

 

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

 

Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee. Employees shall not impose any restrictions or limitations on reasonable review of work methods or standard work times.

 

9.  Commitment to Training and Careers

 

The parties acknowledge that varying degrees of training are provided to employees, both via internal, on the job and through external training providers.

 

The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where this is required.  It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training.

 

The parties agree to continue discussions on issues raised related to training.

 

10.  Consultative Mechanism

 

Each plant or enterprise 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.

 

11.  Sunday and Holiday Work

 

11.1    All time worked by employees on Sundays shall be paid for at the rate of double time except night shift workers, with regard to hours worked in completing a shift begun on the previous day when such hours shall be regarded as ordinary time.

 

11.2    All time worked by employees on holidays shall be paid for at the rate of double time and one-half except night shift workers with regard to hours worked in completing a shift begun on the previous day when such hours shall be regarded as ordinary time.

 

11.3    A day worker called into work on Sunday shall be paid a minimum of four hours at the appropriate rate.

 

11.4    Rates in this clause shall be calculated on the employee's ordinary rate of pay.

 

12.  Holidays

 

12.1    The days upon which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day are observed, the picnic day of The Australasian Meat Industry Employees' Union, New South Wales Branch, and all holidays proclaimed for the State shall be recognised as holidays.

 

12.2    A weekly employee shall be entitled to be paid for holidays under this clause; provided that he/she shall have worked on the working day immediately preceding and the working day immediately following the holiday and has not ceased work without permission before the normal time of ceasing work on either or both of these days.  Where such 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 holiday closest to the said day on which he/she worked, provided he/she has not ceased work without permission, on such said day.

 

13.  Annual Leave

 

See Annual Holidays Act 1944.

 

14.  Annual Leave Loading

 

14.1    In this clause, the Annual Holidays Act 1944, is referred to as "the Act".

 

14.2    Before an employee is given and takes his/her 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 his/her 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 14.6.)

 

14.3    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 and this award.

 

14.4    The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), or, where such a holiday is given and taken in separate periods, then in relation to each separate period. (NOTE: See subclause 14.7 as to holidays taken wholly or partly in advance.)

 

14.5    The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause 14.2 at the rate per week of 33.33 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 his/her annual holiday, together with, where applicable, the additional sums prescribed by subclauses 4.2 and 4.3 of clause 4 - Wages, of this award, but shall not include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

 

14.6    No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she 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 14.5 applying the award rate of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

14.7    Where, in accordance with the Act the 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:

 

14.7.1 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 14.5 of this clause;

 

14.7.2 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 him/her under the Act such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

 

14.8

 

14.8.1 When the employment of an employee is terminated by his/her employer 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 he/she became entitled he/she shall be paid a loading calculated in accordance with subclause 14.5 for the period not taken.

 

14.8.2 Except as provided by 14.8.1, no loading is payable on the termination of an employee's employment.

 

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

 

15.  Long Service Leave

 

See Long Service Leave Act 1955.

 

16.  Sick Leave

 

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

 

16.1    An 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 absence.

 

16.2    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 his/her absence) the employer, through any person appointed by it to interview employees for the purpose stated, which appointment shall be notified to the union, shall have the right to interview any 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.

 

16.3    He/She shall prove to the satisfaction of the employer (or in the event of a dispute the Industrial Commission) that he/she 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.

 

16.4    In any period of employment, his/her entitlement to sick pay shall be in accordance with the following schedule:

 

In respect of:

Duration

1st year of service

8 days

2nd year of service and thereafter

10 days

 

Any period of paid sick leave allowed by the employer to the employee in any such year shall be deducted from the period of leave which may be allowed or carried forward under this award or in respect of such year.

 

16.5    The rights under this clause shall accumulate from year to year so long as his/her employment continues with the employer, whether under this or any other award, so that any part of the said leave which has not been allowed in any year, may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.

 

16.6    An employee, who unreasonably refuses the interview or unreasonably refuses or prevents the examination specified in 16.2 of this clause, shall not be entitled to payment for the period during which he/she is absent from duty.

 

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

 

16.7.1 Any absence from work on leave granted by the employer;

 

16.7.2 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.

 

16.8    Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying hereunder.

 

16.9    Service before the date of this award shall be counted for the purpose of assessing the annual sick leave entitlement but shall not be taken into consideration in arriving at the period of accumulated leave. Accumulated sick leave standing at the credit of the employee at the commencement of this award shall not be increased or reduced by this clause.

 

16.10   This clause does not apply to casual employees.

 

17.  Personal/Carer's Leave

 

17.1    Use of Sick Leave

 

17.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in

 

17.1.1.1         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 16, 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.

 

17.1.2 The employee shall, if required, 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,  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.

 

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

 

17.1.3.1          the employee being responsible for the care of the person concerned; and

 

17.1.3.2          the person concerned being:

 

17.1.3.2.1       a spouse of the employee: or

 

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

 

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

 

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

 

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

 

17.1.3.2.5.1    "relative" means a person related by blood, marriage or affinity;

 

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

 

17.1.3.2.5.3    "household" means a family group living in the same domestic dwelling.

 

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

 

17.2    Unpaid Leave for Family Purpose

 

17.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 17.1.3.2 above who is ill or who requires care due to an unexpected emergency.

 

17.3    Annual Leave

 

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

 

17.3.2 Access to annual leave, as prescribed in 17.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

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

 

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

 

17.4    Time Off in Lieu of Payment for Overtime

 

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

 

17.4.2 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.

 

17.4.3 If, having elected to take time as leave, in accordance with paragraph 17.4.1 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 twelve (12) month period or on termination.

 

17.4.4 Where no election is made in accordance with the said paragraph 17.4.1 the employee shall be paid overtime rates in accordance with the award.

 

17.5    Make-Up Time

 

17.5.1 An employee may elect, with the consent of their 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.

 

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

 

17.6    Rostered Days Off

 

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

 

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

 

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

 

17.6.4 This subclause is subject to the employer informing the Union and which is both party to the award and has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Union(s) to participate in negotiations.

 

18.  Bereavement Leave

 

18.1    An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 18.3 of this clause.

 

18.2    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.

 

18.3    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 subparagraph 17.1.3.2.1 of Clause 17 - Personal/Carers Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

18.5    Bereavement leave may be taken in conjunction with other leave available under subclauses 17.2, 17.3, 17.4, 17.5, and 17.6 of said Clause 17. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

19.  Terms of Engagement

 

19.1    An employee shall be engaged on a full-time, part-time or casual basis.

 

19.2    In the case of a full-time or part-time employee, one week's notice shall be given on either side or one week's wages shall be paid or forfeited, as the case may be, in lieu of such notice; provided that the employer shall have the right to deduct payment for any day during which the employee cannot be usefully employed because of any strike or through any breakdown in machinery due to any cause for which the employer cannot reasonably be held responsible.

 

19.3    Part-Time Employees:

 

Part-time employee(s) shall mean an employee who:

 

19.3.1 works less than an average of 40 hours per week; and

 

19.3.2 has reasonably predictable hours of work; and

 

19.3.3 receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

 

19.3.4 by agreement may work up to an average of 40 hours per week without the payment of overtime.

 

19.4    Casual Employees:

 

A casual employee shall mean an employee who is engaged and paid as such.

 

19.5    An employer may direct an employee to carry out such duties as are within the limits of an employees' skill, competence and training.

 

20.  Payment of Wages

 

Wages shall be paid weekly, not later than Friday, up to and including Wednesday each week, in the employer's time.

 

21.  Morning Break

 

Fifteen minutes shall be allowed as a morning break between the hours of 9.00 a.m. and 11.00 a.m. and shall be counted as time worked.

 

22.  Amenities

 

See the Occupational Health and Safety Act 2000, and any regulations made there under.

 

23.  Dispute Procedure

 

In the case of a dispute, the following procedure shall apply:

 

23.1    The delegate and co-delegate shall confer with the most immediate line management representative in an attempt to reach a settlement.

 

23.2    In the event of failure to resolve the dispute, the matter must be referred to senior management. This action will take place within one normal working day from the time that discussions are concluded, as in subclause 23.1.  The parties will then attempt to reach a settlement.

 

23.3    In the event of the failure to resolve the dispute, the delegate and co-delegate, together with their union organiser, shall confer with senior management as in subclause 23.2 and attempt to reach a settlement.

 

23.4    In the event of failure to resolve the dispute, the dispute may be referred to the New South Wales Industrial Relations Commission for resolution in accordance with the Industrial Relations Act 1996.

 

23.5    Provided that, while the dispute procedure is being observed, no stoppage of work shall occur.

 

24.  Transfer of Employees

 

24.1    Should any employee, engaged at a higher paid class of work, be transferred temporarily to a lower paid class of work he/she shall continue to receive the higher rate during such transferred temporary employment.

 

24.2    An employee who is required to work carrying a higher rate than his/her ordinary classification, for two hours or more on any day or shift, shall be paid at the higher rate for the whole of the day or shift.

 

24.3    Subject to subclause 24.2, of this clause, an employee, who on any day or shift is required to do the work of a higher paid classification for at least one hour, shall be paid the rate prescribed for such work whilst so engaged.

 

25.  Special Clothing, Knives and Accessories

 

25.1    Where the work of an employee necessarily requires the use of gloves or that he/she should work under wet conditions or in all weathers the employer shall provide for the use of every employee whose work shall so require, gloves, waterproof aprons, gum boots and oilskins.

 

25.2    Any employee applying for new gloves, waterproof aprons, gum boots or oilskins, who fails to return the corresponding articles last issued to him/her, shall not be entitled to same without payment therefore at a reasonable price.

 

25.3    Where the employer does not provide tools of trade to employees whose work necessarily requires the use of knives, oilstones, steels and pouches the employee shall be paid an allowance per week as set out in item 4 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this award, or an allowance per week as set out in item 5 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this award, whichever is the lesser amount. If an employee fails to return the articles issued to him/her he/she shall not be entitled to a replacement without the payment therefore at a reasonable price. Upon termination of employment any employee who fails to return the articles issued to him/her shall have deducted from any moneys due to him/her the value of the articles with which he/she was issued and which he/she failed to return.

 

25.4    Clothing to be supplied by the employer and the employer to supply a machine for the washing and drying of the clothes supplied. The clothing shall be washed and dried by the employees within the employer's time.

 

26.  Display of Award

 

See section 361 of the New South Wales Industrial Relations Act 1996.

 

27.  Right of Entry

 

See section 297 of the New South Wales Industrial Relations Act 1996.

 

28.  Anti-Discrimination

 

28.1    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.

 

28.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations 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.

 

28.3    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.

 

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

 

28.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

 

28.4.2 offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

28.4.4 a party of this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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

 

NOTES

 

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

 

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

 

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

 

29.  Redundancy

 

29.1    Application

 

29.1.1 This clause shall apply in respect of full-time and part-time persons employed in the classifications structure specified by clause 4 - Wages.

 

29.1.2 This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause 29.4 of this clause.

 

29.1.3 Notwithstanding anything contained elsewhere in this award, this award 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.

 

29.1.4 Notwithstanding anything contained elsewhere in this award, this award 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.

 

29.2    Introduction of Change

 

29.2.1 Employer's duty to notify

 

29.2.1.1         Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

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

 

Provided that where this award makes provision for alteration of any of the matters referred to herein, such alteration shall be deemed not to have significant effect.

 

29.2.2 Employer's duty to discuss change

 

29.2.2.1         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 subclause 29.2 of this clause, 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.

 

29.2.2.2         The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subclause 29.2 of this clause.

 

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

 

29.3    Redundancy - Discussions Before Terminations

 

29.3.1 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 29.2.1.1 of this clause, Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

29.3.2 The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph 29.3.1 of this subclause and shall cover, inter alia, any reasons for the proposed termination, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

29.3.3 For the purpose of the discussions the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations 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.

 

29.4    Termination of Employment

 

29.4.1 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 changes to production, programme, organisation or structure, in accordance with subparagraph 29.2.1.1 of this clause:

 

29.4.1.1         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

 

29.4.1.2         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.

 

29.4.1.3         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.

 

29.4.2 Notice for technological change

 

This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising form "technology" in accordance with subparagraph 29.2.1.1 of this clause:

 

29.4.2.1         In order to terminate the employment of an employee (provided the employee has 12 months' service), the employer shall give to the employee three months' notice of termination.

 

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

 

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

 

29.4.3 Time off during the notice period

 

29.4.3.1         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.

 

29.4.3.2         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.

 

29.4.4 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 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.

 

29.4.5 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.

 

29.4.6 Notice to Centrelink

 

Where a decision has been made to terminate the employment of employees, the employee shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

29.4.7 Centrelink Employment 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.

 

29.4.8 Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in subparagraph 29.2.1.1 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.

 

29.5    Severance Pay

 

29.5.1 Where the employment of an employee is to be terminated pursuant to subclause (29.1 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:

 

29.5.1.1         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

 

29.5.1.2         Where an employee is 45 years of age or over, the entitlement shall be 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

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

29.5.1.3         "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 Table 1 - Rates of Pay, of Part B, Monetary Rates, and Table 2 - Other Rates and Allowances, of the said Part B.

 

29.5.2 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 29.5.1 of this clause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph 29.5.1 of this clause will have on the employer.

 

29.5.3 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 29.5.1 of this clause if the employer obtains acceptable alterative employment for an employee.

 

30.  Superannuation

 

The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

31.  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 Boiling Down and By-Products (Cumberland) Consolidated Award published 25 February 2005 (348 I.G. 805), 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 of the classes mentioned in clause 4 - Wages, of this award, in boiling down, bonemilling and artificial manure-making establishments, and employees in abattoirs, meat works, slaughter-houses and meat preserving works engaged in the manufacture of margarine in the County of Cumberland.

 

Excepting -

 

Employees in chemical works engaged in the manufacture of artificial or patent manures or fertilisers; All persons employed by Australian Fertilisers Limited on the bone-crushing and fertiliser mixing and bagging plant at its works at Granville. Employees of The Council of the City of Sydney.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classification

Column A

Column B

Column C

 

SWC 2005

SWC 2006

SWC 2007

 

Applicable from

Applicable from

Applicable from

 

First full pay period

First full pay period

First full pay period

 

20th Nov 2007

20th Dec 2007

20th Jan 2008

Rendering Plant Operator

$523.60

$543.60

$563.60

Assistant Rendering Plant Operator

$516.10

$536.10

$556.10

Mill Hand

$512.95

$532.95

$552.95

Cleaners & Labourers

$496.55

$516.55

$536.55

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Explanation

Column A

Column B

Column C

No.

No.

 

SWC 2005

SWC 2006

SWC 2007

 

 

 

Applicable from

Applicable from

Applicable from

 

 

 

First full pay

First full pay

First full pay

 

 

 

period

period

period

 

 

 

20th Nov 2007

20th Dec 2007

20th Jan 2008

1

3.4.1

Meal Allowance

$7.75

$8.00

$8.30

2

4.2

Bagging Fertiliser

0.18

0.19

0.20

3

4.3

Fork Lift

$2.06

$2.14

$2.23

4

25.3

Employer does not provide tools

0.18 per week

0.19 per week

0.20 per week

5

25.3

Employer does not provide tools

0.03 per day

0.03 per day

0.03 per day

 

 

 

E. A. R. BISHOP, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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