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New South Wales Industrial Relations Commission
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Paint and Varnish Makers, &c. (State) Award
  
Date05/30/2008
Volume365
Part5
Page No.1778
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6527
CategoryAward
Award Code 515  
Date Posted05/29/2008

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(515)

(515)

SERIAL C6527

 

Paint and Varnish Makers, &c. (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1550 of 2007)

 

Before Commissioner Bishop

5 February 2008

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Classifications

4.         Wages

5.         Additional Payments

6.         Laboratory Employees

7.         Junior Employees

8.         First-aid Allowance

9.         Mixed Functions

10.       Tea Breaks and Meal Periods

11.       Crib Break

12.       Call Back

13.       Sunday and Holiday Work--Day Workers

14.       Washing Time

15.       Payment of Wages

16.       Time and Wages Book

17.       Meal Allowance

18.       Contract of Engagement

19.       Casuals

19A.    Secure Employment Provisions

20.       Hours of Work (Day Workers)

21.       Shift Work

22.       Overtime (Day Workers)

23.       Public Holidays

24.       Annual Leave

25.       Annual Leave Loading

26.       Sick Leave

27.       Personal/Carer's Leave.

28.       Attendance at Repatriation Centres

29.       Accident Pay

30.       Fire Protection

31.       Special Leave

32.       Bereavement Leave

33.       Industrial Clothing

34.       Amenities

35.       Right of Entry of Union Officials

36.       Inspections

37.       Disputes Resolution

38.       Industry Meetings

39.       Travelling and Fares

40.       Trade Union Training

41.       Job Delegates

42.       Redundancy

43.       Parental Leave

44.       Anti-Discrimination

45.       Superannuation

46.       Basis of Award and Leave Reserved to Apply

47.       Union Dues

48.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Wage Rates - Laboratory Employees

Table 3 - Allowances

 

2.  Definitions

 

"Commission" means the Industrial Relations Commission of New South Wales.

 

"Laboratory Assistant" shall mean an employee, other than a professional employee, trainee professional employee or paint technician, who is currently studying for a chemistry certificate, or a certificate course appropriate to the work in which he or she is engaged, or achieved an equivalent standard of skill or knowledge, and is engaged in a laboratory in assisting in the preparation of new formulations and in the application of routine tests in connection with a section or department whose principal function is the development of and research into new products or improved formulations, or is performing duties deemed by the employer to be equivalent thereto; or is engaged in a laboratory performing production-investigational work associated with existing products and formulation, or is performing duties deemed by the employer to be equivalent thereto.

 

"Laboratory Attendant" means an employee, other than a professional employee, trainee professional employee, paint technician, laboratory assistant, trainee laboratory assistant or laboratory assistant or laboratory tester who is engaged in a laboratory or test department, and whose duties are principally those of cleaning laboratory equipment and may include the replenishment of laboratory raw materials.

 

"Laboratory Tester" shall mean an employee other than a professional employee or trainee professional employee, paint technician or laboratory assistant, who is engaged in a production or other laboratory in the performance of routine tests by established methods.

 

"Paint Technician" shall mean an employee other than a professional employee who is required to perform duties of a technical nature in an analytical, production-investigational, developmental, experimental or research laboratory, and who has been engaged for at least four years as a laboratory assistant and has completed the necessary period of training in order to gain a certificate and who has received a certificate appropriate to his or her duties from the appropriate education department in the State such as chemistry certificate or qualification deemed by the employer to be equivalent or who has sufficient practical experience deemed by the employer to be equivalent thereto; or who has passed two years of a full-time course or the first three years of a part-time course for a degree or equivalent professional qualification or who has sufficient practical experience deemed by the employer to be equivalent thereto.

 

"Ordinary Rate" means the appropriate rate prescribed herein for forty hours of ordinary time.

 

"Site" means any premises of an employer used for or in connection with the manufacture, treatment, processing, handling, storage or distribution of materials or products used in or in connection with decorative or protective surface coatings, or coverings and associated products.

 

"Trainee" shall mean a laboratory employee who is undergoing and proves to the satisfaction of the employer when requested, that he or she is continuing a certificate course or a course leading to a degree or diploma appropriate to his or her work prescribed by the appropriate Education Department in the State or any course at least equivalent thereto.

 

"Union" means Liquor Hospitality and Miscellaneous Union, New South Wales Branch.

 

"Year" means calendar year unless the context provides otherwise.

 

3.  Classifications

 

The following shall be the classification grades of employees subject to this award:

 

(a)        Paint Workers -

 

(i)         Paint Worker Grade 1 (Trainee) - This classification shall be the entry point into the paint manufacturing industry, where a person has no comparable experience in manufacturing industry. A person in this classification shall perform various routine duties, including the provision of assistance to other employees, whilst working under direct supervision.

 

A Grade 1 Paint Worker shall undertake basic training in the industry, including induction training. Illustrative tasks which fall within this grade include hand filling, hand labelling, cleaning and general hands work.  It is anticipated that progression from this grade to a higher grade shall be achievable by all weekly employees.

 

(ii)        Paint Worker Grade 2 - This classification encompasses the various semi-skilled jobs in the industry.  A person in this classification shall have undertaken basic training in the paint industry or a comparable industry, will work under general supervision and have completed or be involved in training so as to enable the person to perform work within the scope of this grade.

 

A Grade 2 Paint Worker shall perform work falling within the lower grade and be proficient in duties for which they have been trained within a site's functional stream(s). The duties include work of the following nature:

 

(a)        basic repetitive work on automated or single purpose machines or equipment, e.g., automatic filling;

 

(b)       simple machine tinting;

 

(c)        basic receipt, dispatch and inventory work;

 

(d)       security work;

 

(e)        routine maintenance work;

 

(f)        laboratory aide;

 

(g)       order picking;

 

(h)       filter press operation;

 

(i)         non-licensed electric fork operation.

 

(iii)       Paint Worker Grade 3 - This classification encompasses the more skilled specialised jobs in the industry. A person in this classification shall work under general routine supervision, be responsible for their own work and have completed or be involved in training so as to enable the person to perform work within the scope of this grade.

 

A Grade 3 Paint Worker shall perform work falling within the lower grades and be proficient in duties for which they have been trained within a site's functional stream(s). The duties include work of the following nature:

 

A.        mill operation;

 

B.         dispersion operation;

 

C.         raw materials preparation;

 

D.        powder coating operations;

 

E.         resin manufacturing under supervision;

 

F.         operation of all materials handling equipment;

 

G.         tinting under supervision;

 

H.        routine production testing;

 

I.          elementary research and development work involving no formal training;

 

J.          make up operation;

 

K.        fully integrated automated filling systems (i.e., Taubmans Pty Ltd, Villawood).

 

(iv)       Paint Worker Grade 4 - This classification encompasses the various skilled jobs in the industry. A person in this classification shall be generally responsible for their own work, have completed training so as to enable the person to perform work within the scope of this grade and be able to perform work from complex instructions and procedures.

 

A Grade 4 Paint Worker shall perform work falling within the lower grades for which they have been trained within a site's functional stream(s) and be proficient in duties of the following nature:

 

A.        bulk paint tinting;

 

B.         resin manufacturing.

 

(v)        Team Leader - Grade 5 - A person appointed by the employer to this position shall be responsible as follows:

 

A.        performance appraisal;

 

B.         quality control;

 

C.         production control;

 

D.        training of other employees;

 

E.         safety management;

 

F.         accountability for manufacturing process.

 

(b)        Laboratory Employees - Classifications -

 

(i)         Paint Laboratory Worker Grade 1 (equivalent to Paint Worker Grade 1) - Trainee with no laboratory or manufacturing experience, undergoing industry induction training.

 

(ii)        Paint Laboratory Worker Grade 1A (equivalent to Paint Worker Grade 2) - Employee with industry experience, working as Laboratory Aide, undertaking basic in-house training. Works under general supervision. Meets the required standards of reading and writing and shall be trained to be proficient in the following areas:

 

A.        storage and retrieval of batch samples;

 

B.         basic routine testing under supervision;

 

C.         elementary communication with laboratory and factory personnel;

 

D.        maintenance and cleaning of laboratory equipment;

 

E.         keeping accurate records.

 

(iii)       Paint Laboratory Worker Grade 2A (equivalent to Paint Worker Grade 3) - Employee with industry experience, working as a routine production tester or at elementary research and development work requiring no formal training. A person in this classification shall work under general supervision, be responsible for their own work and have completed or be involved in training so as to enable them to perform work within the scope of this grade.  A Paint Laboratory Worker Grade 2A shall perform work falling within lower laboratory grades and be proficient in duties for which they have been trained.  The duties include work of the following nature:

 

A.        training new Paint Laboratory Workers Grade 1A if required;

 

B.         carrying out, firstly with supervision and then without, routine production testing;

 

C.         performing simple batch adjustments without supervision;

 

D.        testing of laboratory samples.

 

(iv)       Paint Laboratory Worker Grade 2B - On commencement and continuation of study of Year 1 of Associate Diploma in Chemistry/Chemical Technology or on commencement of study for the Advanced Certificate in Chemical Technology, a Paint Laboratory Worker Grade 2B shall perform duties equivalent to those of a Paint Laboratory Worker Grade 2A and, in addition, shall make laboratory samples; provided that progression from Paint Laboratory Worker Grade 2A to Paint Laboratory Worker Grade 2B shall be at the invitation of the employer.

 

(v)        Paint Laboratory Worker Grade 2C - Having completed and passed Stage 1 of the Chemistry Certificate course, or on successful completion and passing of Year 1 of the Advanced Certificate in Chemical Technology (or the equivalent of Year 1 studies) and be studying for Year 2, a Paint Laboratory Worker Grade 2C shall work under minimum supervision, be responsible for their own work and be involved in training so as to enable them to perform work within the scope of this grade. A person in this classification shall perform work falling within lower laboratory grades for which they have been trained and use judgment and problem solving skills to perform a range of routine and non-routine tests.  The duties include work of the following nature:

 

A.        performance of advanced batch adjustments/corrections;

 

B.         ability to make up and test all types of paints to provide formulae;

 

C.         training of lower grade laboratory workers.

 

(vi)       Paint Laboratory Worker Grade 3 - On successful completion and passing of Year 1 of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of Year 1 studies) and be studying for Year 2; or having completed and passed Stage 2 of the Chemistry Certificate course; or on successful completion and passing of Year 2 of the Advanced Certificate in Chemical Technology (or the equivalent of Year 2 studies) and be studying for Year 3; or not less than five years experience, and having duties and responsibilities of an employee who has completed and passed Year 1 of the Associate Diploma or Stage 2 of the Chemistry Certificate.

 

A Paint Laboratory Worker Grade 3 shall work under minimum supervision, be responsible for their own work and have completed or be involved in training so as to enable the person to perform work within the scope of this grade.

 

A person in this classification shall perform work falling within lower laboratory grades for which they have been trained and use judgment and problem solving skills to perform the full range of routine and non-routine tests.  The duties include work of the following nature:

 

A.        modifications to existing formulae when deficiencies within the product are found;

 

B.         solving of quality control problems that may arise;

 

C.         training of lower grade laboratory workers.

 

(vii)      Paint Laboratory Worker Grade 4 - On successful completion and passing of Year 2 of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of Year 2 studies) and be studying for year 3; or hold the Associate Diploma in Chemistry/Chemical Technology and have no relevant industry experience; or having completed and passed Stage 3 of the Chemistry Certificate course; or having completed and passed the Advanced Certificate in Chemical Technology and having been employed as a PLW Grade 3; or not less than 10 years' experience, and having duties and responsibilities of an employee who has completed and passed Year 2 of the Associate Diploma or Stage 3 of the Chemistry Certificate.

 

A Paint Laboratory Worker Grade 4 shall work under limited supervision, be responsible for their own work and have completed or be involved in training so as to enable the person to perform work within the scope of this grade. A person in this classification shall perform work falling within lower laboratory grades for which they have been trained and apply specialised technical skills, in addition to the full range of laboratory skills, to specific projects.  A PLW 4 shall also be involved in training of other laboratory workers and be able to provide guidance and assistance as part of a work team.

 

A Paint Laboratory Worker Grade 4 understands the equipment and principles being used. The duties include work of the following nature:

 

A.        preparing reports as directed;

 

B.         being involved as part of a team in high level trouble shooting;

 

C.         providing on-the-job training;

 

D.        assisting in the analysis of production problems;

 

E.         application of skills to non-routine testing.

 

(viii)     Paint Laboratory Worker Grade 5 - On successful completion and passing of Year 3 of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of Year 3 studies) and be studying for Year 4; or successfully completed and passed the Chemistry Certificate course; or having successfully completed and passed both the Advanced Certificate in Chemical Technology and the Surface Coatings Technology Post-Technician Certificate course.

 

A Paint Laboratory Worker Grade 5 shall be responsible for their own work, perform work falling within the lower laboratory grades for which they have been trained and be able to work unsupervised.  The duties include work of the following nature:

 

A.        the making of recommendations regarding improvement to testing and/or instruments;

 

B.         setting up and/or operation of test equipment involving computer operating and programming skills;

 

C.         provides technical guidance;

 

D.        applies industrial and academic experience in coatings and chemicals to solve problems or develop new products and processes;

 

E.         assist in the design and conduct of tests to NATA and other regulatory requirements and develop procedures and methods from standards.

 

(ix)       Paint Laboratory Worker Grade 6 - Successfully completed and passed the Associate Diploma course in Chemistry/Chemical Technology; or successfully completed and passed the Chemistry Certificate course and the Surface Coatings Technology Post-Technician Certificate course.

 

A Paint Laboratory Worker Grade 6 is required to perform work requiring mature technical knowledge involving a higher degree of autonomy, originality and independent judgment. The duties include work of the following nature:

 

A.        responsibility for the co-ordination of employees' work;

 

B.         plan and implement those programmes necessary to achieve company objectives;

 

C.         apply knowledge and/or provide technical guidance.

 

A person in this classification shall, in addition to the skills required by a Paint Laboratory Worker Grade 5, have the ability to operate within broad statements of objectives, without requiring detailed instructions, provide specialised technical guidance to other employees performing work within the same technical field and perform work falling within the lower laboratory grades for which they have been trained.

 

A Paint Laboratory Worker Grade 6 may be responsible for supervising a group of employees.

 

(x)        Paint Laboratory Worker Grade 7 - Successfully completed and passed the Associate Diploma course in Chemistry/Chemical Technology and successfully completed and passed the Surface Coatings Technology Post-Technician Certificate course.

 

A Paint Laboratory Worker Grade 7 shall have no less a responsibility than that of a PLW Grade 6.

 

(c)        Course Attendance -

 

(i)         An employee who attends in any one year not less than 80% of the maximum possible attendances at the approved course at the training institution at which such employee is pursuing his or her course of study and passes the annual examination in that year or, if there is no examination, receives a satisfactory report, shall be reimbursed by his or her employer all fees paid by such employee for that course during that year.

 

In the case of an employee who complies with the foregoing requirements for attendances and who passes and receives a satisfactory report in a proportion of the subjects taken by him or her in any year, the employer shall reimburse a like proportion of fees. The employer shall not, however, be required to reimburse fees or a proportion thereof for more than one year in excess of the period prescribed by the training institution for the approved course.  Provided that where an employer and employee agree in writing, an employee may undertake a course of study other than an approved course and such course shall be reimbursed in the manner described in the aforementioned two paragraphs.  Where a trainee is in the employ of more than one employer in any school year, then such employer shall be liable only for the payment of fees pro rata to the period of employment with the employer.

 

(ii)        An employee shall be allowed reasonable time without loss of pay (not exceeding an average of eight hours per week during a semester) for the purpose of attending classes in connection with the appropriate certificate course.

 

In the event of a disagreement between the employer and an employee regarding the course of study for any year, the recommendation of the Industrial Consultative and Accreditation Committee as provided for in paragraph (iii) of subclause (d) of this clause shall be accepted. The employer shall endeavour to see that any employee shall not be obliged to work overtime when it interferes with such employee's studies.  No employee shall be employed upon shift work which may interfere with his or her studies or examination preparation.

 

(iii)       An employee shall be allowed reasonable leave of absence, without loss of pay, for the purpose of sitting for examinations on any subject(s) being studied for the year.

 

(d)        Implementation of New Structure

 

(i)         An employer shall notify each laboratory employee of the appropriate classification of that employee.

 

(ii)        The parties shall co-operate in the transition from the old structure to the new structure in an orderly manner without creating false expectation or disputation.

 

(iii)       There shall be an Industry Consultative and Accreditation Committee made up of representatives of the employers and the unions. The committee shall assist in the resolution of disputes arising from the application and operation of the classification structure, co-ordinate the accreditation of training courses and will act as a mechanism of appeal for employees dissatisfied with their grading.

 

(iv)       Should the committee be unable to resolve any disputes arising from the application and operation of the new classification structure, any party may refer the matter to the Industrial Relations Commission of New South Wales.

 

(e)        Incidental Duties

 

Employees are to perform work which is incidental or peripheral to their main tasks or functions, being the work the duties of which are within the limits of the employee's skill, competence and training.

 

4.  Wages

 

The minimum rates of pay for weekly employees shall be as set out in Table 1 and Table 2 of Part B Monetary Rates.

 

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

 

(i)         any equivalent over award payments, and/or

 

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

 

5.  Additional Payments

 

(i)         Leading Hand - An employee appointed as a leading hand by the employer shall, for each week worked, receive the following amounts:

 

(a)        In charge of not less than one and not more than 10 employees or a laboratory leader in charge of laboratory assistants - an amount per week as set out in Item 1 of Table 3 - Allowances, of Part B, Monetary Rates.

 

(b)        In charge of 11 or more employees or a laboratory leader in charge of paint technicians - an amount as set out in Item 2 of the said Table 3.

 

(ii)        Storeperson Working Singly - A store person who has control of a store when no direct supervision is exercised and is responsible for the receipt, issuing and stock checking of goods and/or materials and the notation of necessary documents shall receive the sum per week as set out in Item 3 of Table 3 for all purposes of the award in addition to his/her classification rate, with the provision that any employee whose work is defined elsewhere in this clause shall suffer no reduction in wages.

 

6.  Laboratory Employees

 

(i)         Terms and Conditions: The following terms and conditions shall apply, notwithstanding anything else contained in this award dealing with the same specific subject matters, to employees engaged in laboratories and classified as Laboratory Trainee, Laboratory Assistant or Paint Technician:

 

(a)        Period of Hire: Period of hire may be weekly, fortnightly or monthly as offered by the employer.

 

(b)        Notification of Classification to Employees: Any employee shall on the date of commencing employment be advised in writing of the classification which is effective, i.e., "laboratory assistant studying for first stage of a chemistry certificate course or equivalent or having achieved equivalent standard of skill or knowledge." Subsequently upon any promotion above that appointment the employee will be advised of his or her new classification.

 

(c)        Provision of a Certificate of Service: Upon termination of employment that employer when requested by the employee shall provide a certificate of service stating length of service, duties performed and classification.

 

(d)        Method of Payment: Method of payment of salary may be by cash, cheque or cheque paid to an employee's nominated bank account as agreed between the employer and the employees.

 

(e)        Award Conditions: In all other respects the conditions of this award shall apply to such employees.

 

(ii)        Trainees

 

(1)        Trainees shall receive the following as minimum rates of pay expressed as a percentage of the total rate of pay prescribed for the classification of "Laboratory Assistant" - studying for first stage of a chemistry certificate course or equivalent or having achieved equivalent standard of skill or knowledge:

 

 

Percentage

 

 

At 16 years of age

70

At 17 years of age

85

At 18 years of age

100

 

At 19 years of age or over - the appropriate total rate of pay for the classification of "Laboratory Assistant" or "Paint Technician" in accordance with the qualification or experience gained.

 

(2)        The proportion of trainees under the age of 18 years of age who may be employed by any employer shall not exceed one such junior trainee to every two or fraction of two adults in that area in which the trainee is employed. This proportion shall not be varied without prior consultation and agreement with the Union.

 

(3)        A trainee who attends in any one year not less than 80 per cent of the maximum possible attendances of the approved course at the training institution at which such employee is pursuing his/her course of study and passes the annual examination in that year or, if there is no examination, receives a satisfactory report, shall be reimbursed by his/her employer all fees paid by such employee for that course during that year.  In the case of a trainee who complies with the foregoing requirement for attendances and who passes or receives a satisfactory report in a proportion of the subjects taken by him/her in any year the employer shall reimburse a like proportion of fees. The employer shall not, however, be required to reimburse fees or a proportion thereof for more than one year in excess of the period prescribed by the training institution for the approved course.  Provided that where a trainee is in the employ of more than one employer in any school year then such employer shall be liable only for the payment of fees pro rata to the period of employment with that employer.

 

(4)        Trainees shall be allowed reasonable time without loss of pay (not exceeding an average of eight hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course.

 

In the event of disagreement between the employer and trainee regarding the course of study for any year, the recommendation of the educational institution shall be accepted.  The employer shall endeavour to see that any trainee shall not be obliged to work overtime when it interferes with such trainee's studies. No trainee shall be employed upon shift work which may interfere with his/her studies or examination preparation. Any trainee shall be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examinations on any subject being studied for the year.

 

(iii)       Safe Working Conditions and Safety Equipment

 

(a)        Fume Cupboards and Safety Equipment - Every laboratory shall be equipped with adequate fume cupboards where necessary, fire fighting equipment and any special equipment or rooms essential to the safe handling of any chemical or process.

 

(b)        Work in Abnormal Conditions - Where an employee is required to work in abnormal conditions, the employer shall take all reasonable precautions to ensure that the employee will work under conditions of the maximum possible safety and comfort.

 

(c)        Damaged Clothing or Equipment - Where an employee as a result of performing any duty required by the employer, and as a result of negligence of the employer, suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the employer shall be liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.

 

7.  Junior Employees

 

(i)         Junior employees under 18 years of age shall be properly supervised at all times.

 

(ii)        A junior employee shall be paid the following percentage of the ordinary rate prescribed by this award for the appropriate adult classification:

 

 

Percentage

 

 

At 16 years of age

70

At 17 years of age

85

At 18 years of age

100

 

8.  First-Aid Allowance

 

(i)         An employer shall endeavour to have at least one employee trained to render first-aid in attendance when work is performed at an establishment.

 

(ii)        An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications such as a certificate from the St John Ambulance or similar body shall be paid a weekly allowance of an amount as set out in Item 4 of Table 3 - Allowance of part B - Monetary Rates if appointed by the employer to perform first-aid duty.

 

(iii)       The employer will reimburse travelling and text book expenses actually incurred when an employee carries out first-aid training at the request of the employer.

 

9.  Mixed Functions

 

(i)         If by direction of the employer an employee is engaged for more than one hour in any day or shift on duty carrying a higher rate than his or her ordinary classification such employee shall be paid the higher rate for such day or shift.

 

(ii)        Where an employee is called upon to perform duties for which a lower rate is fixed the employee shall suffer no deduction in pay for the balance of the current pay week.

 

10.  Tea Breaks and Meal Periods

 

(i)         Each day shift employee shall be permitted a ten minute break in the first half of each day and a ten minute break in the second half of each day at times to be nominated by the employer for tea breaks. Such breaks shall be without deduction of pay if taken at the work place or other place nominated by the employer.

 

(ii)        Meal periods shall be not less than thirty minutes and not more than forty-five minutes and shall be taken at times nominated by the employer.

 

(iii)       No employee shall be required to work for more than five hours without a meal period or crib break.

 

11.  Crib Break

 

(i)         Where the period of overtime is to exceed 1.5 hours an employee prior to starting such overtime after working ordinary hours shall be allowed a crib break of 20 minutes which shall be paid for at ordinary rates.

 

(ii)        An employee working overtime after working ordinary hours shall be allowed a crib break of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib break.

 

(iii)       An employer and employee may agree to any variation of this clause to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

 

12.  Call Back

 

An employee recalled on any day to work overtime after leaving the employer's establishment shall be paid a minimum of four hours' work at the appropriate hourly rate for each time such employee is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours as the case may be if the job he or she was recalled to perform is completed within a shorter period.  This clause shall not apply in cases where it is customary for an employee to return to an employer's site to perform a specific job outside his or her ordinary working hours or where the overtime is continuous with the completion or commencement of ordinary working time.

 

13.  Sunday and Holiday Work - Day Workers

 

(i)         An employee required to work on a Sunday shall be paid at the rate of two and one-half times the ordinary rate with a minimum payment of four hours.

 

(ii)        An employee required to work on a public holiday save where a day's leave has been substituted shall be paid for all time worked at the rate of two and one-half times the ordinary rate with a minimum payment of four hours.

 

14.  Washing Time

 

All employees shall be allowed five minutes prior to meal times and ten minutes prior to the ordinary ceasing time for the purposes of cleaning themselves:  Provided that employees working in dry lead and/or dry colour manufacturing shall, in lieu of ten minutes, be allowed fifteen minutes prior to ceasing time.

 

15.  Payment of Wages

 

(i)         Unless otherwise agreed between an employer and the employees wages shall be paid to each employee weekly no later than Thursday and prior to work ceasing.

 

(ii)        An employee who is kept-waiting for payment of wages after work has ceased shall be paid at overtime rates unless the employer can establish legitimate cause outside of the employer’s control for late payment.

 

(iii)       Wages and other entitlements may be paid by cheque or in cash or by agreement between the employer and employee concerned.  Further, by agreement between the union and the employer, wages and other entitlements may be paid by electronic bank transfer in accordance with agreed practice at individual establishments.

 

(iv)       Unless otherwise agreed between an employer and the employee where a pay day falls on a public holiday or a public holiday follows immediately after the usual pay day for that week, wages shall be paid on the ordinary working day preceding the usual pay day.

 

(v)        Each employee shall at request be given details of his or her total weekly pay.

 

16.  Time and Wages Book

 

(i)         Each employer shall keep a record or system from which can be readily ascertained the name and occupation of each employee, the hours worked each day, and the wages and entitlements paid each day period.

 

(ii)        The time occupied by an employee in filling in any time record or cards or in the making of records shall be treated as time of duty but this does not apply to checking in or out when entering or leaving the employer's premises.

 

(iii)       The time and wages record shall be open for inspection to a duly accredited union official during the usual office hours at the employer's office: Provided that an inspection shall not be demanded unless the branch secretary of the union or the official suspects that a breach of this award has been committed: Provided also that only one demand for such inspection shall be made in one fortnight at the same establishment.

 

(iv)       The official making such inspection shall be entitled to take a copy of entries in a time and wages record relating to a suspected breach of this award.

 

17.  Meal Allowance

 

Any employee required to work and who so works overtime for more than one hour after working ordinary hours shall either be supplied with an adequate meal or paid an amount as set out in Item 5 of Table 3 -Allowances, of Part B, Monetary Rates, for each meal. The meal allowance shall be paid to the employee weekly, at the time when normal pay is made, or by such other arrangement as may be mutually acceptable.

 

For the purpose of this clause, crib break, if applicable, shall not be regarded as overtime worked.

 

18.  Contract of Engagement

 

(i)         Any employee not specifically engaged as a casual shall be deemed to be employed by the week.

 

(ii)        A weekly hired employee shall be terminated by one week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wages, as the case may be- provided this shall not affect the right of an employer to dismiss any employee summarily without notice for neglect of duty or misconduct, and in such case wages shall be paid up to the time of dismissal only. An employee who has given or been given notice to terminate employment shall continue in employment until the date of expiration of such notice.

 

(iii)       An employee who, having been given or has given notice and without reasonable cause is absent from work during the period of notice, shall be deemed to have abandoned his or her employment and shall not be entitled to payment for work done within that period. By arrangement with the employer an employee working out a period of notice may be granted one day's leave without pay to seek alternative employment.

 

19.  Casuals

 

A casual employee is one engaged and paid as such.  A casual employee for working ordinary time shall be paid per hour one-fortieth of the ordinary rate prescribed by this award for the work performed plus 25 per cent.

 

19A.  Secure Employment Provisions

 

(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.

 

20.  Hours of Work (Day Workers)

 

Ordinary hours of work shall be forty per week to be worked in five days, Monday to Friday inclusive, of eight hours each continuously except for meal breaks at the discretion of the employer, between 7.00 a.m. and 5.30 p.m.; provided that the spread of hours or daily hours prescribed may be altered as to all or a section of the employees by mutual agreement between the employer and the union provided further that day work shall not in any event commence before 6.00 a.m. or finish after 6.00 p.m.

 

Provided further that work done outside the spread of hours fixed in accordance with this clause for which overtime rates are otherwise payable shall be deemed to be part of the ordinary hours of work where for reasons other than for proven illness or by leave of the employer the ordinary hours worked within the prescribed spread of hours in any week are less than forty.

 

21.  Shift Work

 

(i)         Definitions - For the purpose of this clause:

 

"Afternoon Shift" - means any shift finishing after 6p.m. and at or before midnight.

 

"Continuous Work" - means any work carried on with consecutive shifts of employees throughout the 24 hours of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

"Early Morning Shift"--means any shift commencing after midnight and before 6.00 a.m.

 

"Day Shift" - shall mean a shift commencing after 7 a.m. and finishing at or before 6 p.m.

 

"Night Shift" - means any shift finishing after midnight and at or before 8 a.m.

 

"Rostered Shift" - means a shift of which the employee concerned has had at least 48 hours' notice.

 

(ii)        Hours - Continuous Work Shifts - This subclause shall apply to shift workers on continuous work as hereinbefore defined.

 

The ordinary hours of such shift workers shall not exceed:

 

8 in any one day;

 

48 in any one week;

 

88 in 14 consecutive days; or

 

160 in 28 consecutive days.

 

Subject to the following conditions such shift workers shall work at such times as the employer may require:

 

A shift shall consist of not more than 8 hours inclusive of crib time.

 

Except at the regular changeover of shifts an employee shall not be required to work more than one shift in each twenty-four hours.

 

Twenty minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked.

 

(iii)       Hours - Other Than Continuous Shift Work - This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.

 

The ordinary hours of such shift workers shall not exceed - 40 in any week to be worked in five shifts of eight hours on Monday to Friday inclusive or five shifts of not more than eight hours, and one shift (Saturday) of not more than four hours; or 80 in 14 consecutive days in which case an employee shall not without payment for overtime be required to work more than eight consecutive hours on any shift or more than six shifts in any week.

 

Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer.  An employee shall not be required to work for more than five hours without a break for a meal

 

Except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

(iv)       Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

(v)        Variation by Agreement - The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.

 

The time of commencing and finishing shifts, once having been determined may be varied by agreement between the employer and the employees concerned to suit the circumstances of the establishment or, in the absence of agreement, by seven days' notice of alteration given by the employer to the employees.

 

Prior to establishing any new shift or ceasing any established shift an employer shall give the union not less than one week's notice of the employer's intention and shall discuss with the union manning levels and implementation.

 

(vi)       Afternoon or Night Shift Allowances - A shift worker on continuous work whilst on afternoon shift shall be paid 17.5 per cent or whilst on night shift 20 per cent more than the ordinary rate for such shift.

 

A shift worker on other than continuous work whilst on afternoon shift shall be paid 17.5 per cent or whilst on night shift 20 per cent more than the ordinary rate for such shifts.  A shift worker who works on any afternoon or night shift which does not continue for at least five successive afternoons or nights at a five-day work site or for at least six successive afternoons or nights at a six-day work site shall be paid at the rate of time and one-half.

 

An employee who: during a period of engagement on shift works night shift only; or remains on night shift for a longer period than four consecutive weeks; or works on a night shift, which does not rotate or alternate with another shift or with day work so as to give at least one-third of the working time off night shift in each shift cycle; shall during such engagement, period or cycle, be paid 30 per cent more than the ordinary rate for all time worked during ordinary working hours on such night shifts.

 

(vii)      Except as provided in subclause (viii), of this clause, no shift premium shall be paid for early morning or day shifts.

 

(viii)     The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and one-half.  Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in the first and second paragraphs of subclause (vi), of this clause.

 

(ix)       Overtime -

 

(a)        A shift worker required to work overtime on a Saturday, Sunday or public holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate, except where such overtime is continuous with overtime commenced on the previous day or in relation to regular change of shift.

 

(b)        A shift worker for all time worked in excess of eight hours or outside the ordinary working hours prescribed or on a shift other than a rostered shift shall -

 

if employed on continuous work be paid at the rate of double time; or

 

if employed on other shift work be paid at the rate of time and one-half for the first two hours and double time thereafter; except in each case where the time is worked - by arrangement between the employees themselves; for the purpose of effecting the customary rotation of shifts; or

 

is due to the fact that the relief employee does not come on duty at the proper time.

 

Provided that when not less than eight hours' notice has been given to the employer by the relief that he or she will be absent from work and the employee who should be relieved is not relieved, the unrelieved employee shall be paid at the rate of time and one-half for the first four hours on duty after having finished his or her ordinary shift and a rate of double time thereafter, provided that where the employee is required to continue to work on his or her rostered day off the rate shall be double time.

 

In all such calculations shift premiums shall be excluded.

 

(c)        In calculating overtime each shift shall stand alone.

 

Provided that where the adoption of any particular roster results in the regular working of a shift at overtime rates, the overtime in question may be regarded as having accrued in equal amount during the weeks of the shift cycle, and, if requested by a majority of the shift workers concerned, be paid accordingly instead of being paid in the pay week in which it is worked.

 

(x)        Sundays and Holidays - A shift worker on continuous shift for work done on a rostered shift, the major portion of which is performed on a Sunday, shall be paid at the rate of double time. A shift worker on continuous shift for work done on a rostered shift the major portion of which is performed on a holiday, shall be paid at the rate of double time with a minimum of four hours. A shift worker on other than continuous work for all time worked on a Sunday or holiday shall be paid double time and one-half. Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday the time worked before midnight shall not entitle the employee to the Sunday or holiday rate: Provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.

 

(xi)

 

(a)        Subject to subclause (b), an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of subclause (b) what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee’s personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

(iv)      the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)       any other relevant matter.

 

(xii)      Daylight Saving - Notwithstanding anything contained elsewhere in this award, where by reason of the legislation of the State Government, summer time is prescribed as being an advance of the standard time of the State the length of any shift:

 

(a)        commencing before the time prescribed by the relevant legislation for the commencement of summer time period: and

 

(b)        commencing on or before the time prescribed by such legislation for the termination of a summer time period,

 

shall be deemed to be the number of hours represented by the difference between the time recorded by the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the State legislation.

 

In this subclause the expression "standard time" and "summer time" shall bear the same meaning as are prescribed in the legislation.

 

(xiii)

 

(a)        When overtime work is necessary it shall wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. An employee (other than a casual) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his or her work on the next day that the employee has not had at least 10 consecutive hours off duty between those times, shall, subject to subclause (b), be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during that time off duty.

 

(b)        If on the instructions of his or her employer such an employee resumes or continues work without having had 10 consecutive hours off duty the employee shall be paid at the rate of double time for all time so worked until the employee is released from duty and the employee shall then be entitled to be absent from work without loss of pay for ordinary working time until the employee has had 10 consecutive hours off duty.

 

(c)        The provisions of subclause (b) shall apply in the case of shift workers who change from one shift to another as if eight hours were substituted for ten hours when overtime is worked for the purposes of changing shift rosters, or where a shift worker does not report for duty, or where a shift is worked by arrangement between employees for their own personal benefit.

 

22.  Overtime (Day Workers)

 

(i)         Notwithstanding anything elsewhere contained in this award, all overtime on any day other than a Sunday or a public holiday shall be paid for at the rate of one and one-half times the ordinary rate for the first two hours and two times the ordinary rate thereafter.

 

(ii)        In calculating overtime each day shall stand alone.

 

(iii)

 

(a)        Subject to subclause (b), an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of subclause (b) what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee’s personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

(iv)       the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        any other relevant matter.

 

(iv)       An employee required to work overtime on a Saturday, Sunday or public holiday shall be afforded at least four hours' work or paid for four hours at the appropriate rate except where such overtime is continuous with overtime commenced on the previous day.

 

(v)        When overtime work is necessary it shall wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. An employee (other than a casual) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his or her work on the next day that the employee has not had at least 10 consecutive hours off duty between those times, shall, subject to subclause (vi), be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during that time off duty.

 

(vi)       If on the instruction of his or her employer such an employee resumes or continues work without having had 10 consecutive hours off duty the employee shall be paid at the rate of double time for all time so worked until the employee is released from duty and the employee shall then be entitled to be absent from work without loss of pay for ordinary working time until the employee has had 10 consecutive hours off duty.

 

Time Off in Lieu of Overtime

 

(vii)      Time off in lieu of overtime may be taken by mutual agreement between the employer and employee. Such time off in lieu shall be calculated at the appropriate overtime rate payable for the overtime worked.

 

(viii)     Time off in lieu may be taken in either of the following ways:

 

(a)        By the full overtime rate being accrued as time off in lieu.

 

(b)        By overtime worked being paid at the employee's ordinary rate of pay with the penalty component of the overtime worked being taken as time off in lieu.

 

(ix)       Any accumulated time off in lieu must be paid out upon termination at the employee's appropriate rate of pay on the date of termination.

 

(x)        Accumulation of time off in lieu shall be to a maximum 1 day per fortnight.

 

(xi)       This clause shall not be used to discriminate against particular employees with respect to the allocation of overtime to those employees at a particular enterprise or within a section of an enterprise.

 

23.  Public Holidays

 

(i)         An employee on weekly hiring shall be entitled without loss of pay, to public holidays as follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight-Hour Day or Labour Day, Christmas Day, Boxing Day, or such other day as is generally observed in a locality in addition to, or as a substitute for, any of the said days respectively.

 

(ii)        In addition to the public holidays prescribed in subclause (i) of this clause, one additional public holiday shall apply to an employee on weekly hire on a date to be determined from year to year by agreement between an employer and the employees, or individual employee, of the employer.

 

(iii)       Where Anzac Day falls on a Saturday or Sunday it shall be observed on the following Monday.

 

(a)        Where Christmas Day falls on a Saturday or on a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively.

 

(b)        Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day.

 

(c)        Where New Year's Day falls on a Saturday or on a Sunday, the following Monday shall be observed as New Year's Day; and the said Saturday and/or Sunday shall be deemed not to be holidays.

 

(iv)       By agreement between any employer and the employees, other days may be substituted for the said days or any of them as to such employer's undertaking.

 

(v)        In addition, employees on weekly hire shall be entitled to a day agreed between the union and the employees as union picnic day without the loss of pay.

 

(vi)       Where a public holiday prescribed by this clause is observed on the rostered day off of a continuous shift worker (as defined), the employee shall be paid for eight hours at the ordinary time rate or, by agreement between the employer and the employee, be granted a day off in lieu or have an additional day added to the annual leave in respect of such holiday.

 

24.  Annual Leave

 

(i)         All full-time weekly hired employees shall on completion of 48 weeks of work of forty hours each with the employer, be entitled to four weeks' leave paid for at the ordinary time rate of pay as prescribed by this award for the employee's classification.

 

(ii)        Subject to subclause (iii), of this clause, annual leave shall be given and taken at such time and in such periods as are required by the employer provided that other than by mutual consent annual leave shall be given in one continuous period of four weeks or not more than two periods one of which shall be not less than two weeks in duration.

 

(iii)       Where the employer intends temporarily to close (or reduce to a nucleus) the establishment or a section thereof for the purposes (inter alia) of allowing annual leave to the employees concerned or a majority of them the employer may give in writing to such employees one month's notice (or in the case of any employees engaged after giving such notice, notice on the date of the employee's engagement) that the employer elects to apply the provisions of this subclause, and thereupon:

 

(a)        any such employee who at the date of closing is entitled to annual leave shall be given such annual leave commencing on and from the date of closing and, in addition, shall be paid holiday pay and proportionate annual leave loading for any period of employment after the accrual of his or her right to the annual leave and up to but excluding the date of closing;

 

(b)        any such employee who at the date of closing is not entitled to annual leave shall be given leave without pay as on and from the date of closing and shall be paid holiday pay and proportionate annual leave loading for that period of employment since the date of commencement thereof or the accrual of his or her last annual holiday (whichever is the later) and up to but excluding the date of closing, together with pay for any public holiday during such leave for which the employee is entitled to payment; and

 

(c)        the next annual leave qualifying period of employment for every such employee shall commence as on and from the date of closing.

 

(iv)       In subclause (iii), of this clause, "date of closing" in relation to each employee means the first day of annual leave or unpaid leave pursuant to subclause (iii).

 

(v)        Annual leave shall be in addition to public holidays provided for in this award.

 

(vi)       An employee whose services are terminated shall be entitled to all accrued leave or payment in lieu thereof.  In respect of the time worked since the employee's last leave entitlement date leave shall be calculated in the proportion which that period bears to a calendar year.

 

(vii)      A shift worker permanently engaged on continuous rostered shifts or engaged on permanent night shifts for the whole of the year in respect of which leave is granted shall be entitled to five weeks' leave in lieu of four as provided in subclause (i), of this clause, and pro-rata for any period less than one year.

 

25.  Annual Leave Loading

 

A weekly hired employee who is entitled to annual leave or payment in lieu thereof, in accordance with the provisions of this award shall, at the time of taking such annual leave, be entitled to an additional payment in respect of the period of employment to which the annual leave is referable calculated on the basis of three and one-third hours' ordinary pay for each month of service.  This clause shall not apply to payment made in lieu of annual leave accrued due to summary dismissal of an employee.

 

26.  Sick Leave

 

(i)         A proportionate deduction shall be made from a weekly hired employee's wages for all time lost through absence from work without leave of the employer excepting on account of illness or accident.

 

(ii)

 

(a)        When a weekly hired employee is absent from work owing to illness or accident the employer may require the employee to produce a doctor's certificate or other satisfactory proof of illness.

 

(b)        A statutory declaration by the employee containing sufficient detail to enable the employer to assess whether a claim for payment under this clause is established shall be regarded as prima facie satisfactory proof in cases of up to two days' absence.

 

(c)        An employee shall notify the employer as to his or her inability to attend for work on account of illness or injury. This notification shall, whenever practicable, be within twenty-four hours of the commencement of the absence.

 

(iii)       The employer shall not be liable to pay a weekly hired employee for absence due to illness unless such employee has been employed continuously for three calendar months: Provided that once an employee has completed three continuous months of service he or she shall be entitled, subject to this clause, to sick leave not exceeding two and one-half days occurring during such three months' period.

 

(iv)       Save for accumulated sick leave and subject to this clause the employer shall not be liable to pay a weekly hired employee for absence due to illness for more than eight days in each year.

 

Provided that:

 

(a)        A weekly hired employee in the employ of the employer as at 25 February 1980 shall, subject to the provisions contained in (iii), of this clause, be entitled to two additional days leave without loss of pay, during his or her current sick leave year.

 

(b)        A weekly hired employee who commences employment with the employer after 25 February 1980 shall during the first year of employment and subject to the provisions contained in subclause (iii), of this clause, be entitled to be paid for absence due to illness at the rate of 6.66 hours for each completed month of service.

 

(c)        Thereafter a weekly hired employee shall be entitled to be paid for absence due to illness for 10 days in each year.

 

(d)        A weekly hired employee who has been employed continuously by the same employer may accumulate any unclaimed sick leave credits.

 

(v)        The employer shall not be liable for sick pay to any employee whose illness is due to an injury covered by workers' compensation legislation.

 

(vi)       "Year" in this clause means the year of anniversary of service of the employee.

 

(vii)      Payment of sick leave shall be at the employee's appropriate hourly rate.

 

(viii)     Where as a result of an injury received in the course of employment, an employee is required to attend at a hospital, medical clinic, industrial nurse, or physiotherapist and such attendance is not during any period to which workers' compensation payments or accident pay applies the employee shall be paid for such period of absence at the appropriate hourly rate with a maximum of four hours.

 

27.  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 27(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 26, 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 37, Dispute Resolution, 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 27(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 employer's 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)        For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 22, Overtime, relating to Time Off in Lieu of Overtime, the following provisions shall apply.

 

(b)        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.

 

(c)        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.

 

(d)        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.

 

(e)        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)        Rostered Days Off

 

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

 

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

 

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

 

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

 

(7)        Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 27(1)(b) and 27(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 27(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.

 

28.  Attendance at Repatriation Centres

 

Employees being ex-servicemen or ex-servicewomen shall be allowed as time worked, lost time incurred whilst

 

attending repatriation centres for medical examination and/or treatment providing that:

 

(a)        Such lost time does not exceed eight hours on any one occasion.

 

(b)        Payment shall be limited to the difference between the appropriate hourly rate for the period and any payment received from any other source in respect of such attendance.

 

(c)        The employee produces satisfactory evidence of the requirement to attend and proof of attendance.

 

29.  Accident Pay

 

(i)         An employer shall subject to this clause pay or cause to be paid and an employee shall be entitled to receive accident pay in accordance with the provisions of this award when totally or partially incapacitated whether permanently or temporarily by injury. "Injury" and "incapacity" shall have the same meaning as in the Workers' Compensation Act 1987.

 

(ii)        Accident pay shall not be payable in respect of accident or injury occurring within the first five working days of an employee's service nor subject to 29 (iv) hereof for the first five working days following the occurrence of an accident or injury to the employee.  The period of accident pay for any one injury shall be limited to a total of thirty-nine weeks' payment in respect of any one accident or injury.

 

(iii)       The weekly amount of accident pay to which an employee shall be entitled shall be not more than the difference between the employee's ordinary rate (excluding shift premiums) and the total of any sums paid to him or her under the Workers' Compensation Act 1987, and any sums earned by him or her in the same employment or otherwise or that he or she is able to earn from suitable employment during such period.

 

(iv)       Where as the result of an injury to which this clause applies an employee is absent for more than ten working days, the employee shall be entitled to accident pay at the appropriate rate for the first five working days of such absence but shall not be entitled to a total of more than thirty-nine weeks' payment.

 

(v)        Accident pay will not be payable in respect of any period of paid annual leave, long service leave, sick leave or for any paid public holiday.

 

(vi)       On an injury occurring the employee shall give notice thereof in writing together with all necessary details to the employer.

 

(vii)      Nothing herein contained shall restrict or remove the employer's right to require the employee to submit to medical examinations pursuant to the Workers' Compensation Act 1987, and failure to so submit to examination shall entitle the employer to cancel or suspend payments of accident pay as if such payments were payments under such Act.

 

(viii)     Where a medical Referee or Board within the meaning of the Workers' Compensation Act 1987, certifies that the employee is fit for his or her employment or for specified employment which is made available to or is available to the employee and the employee refuses or fails to resume or perform such employment then all payments of accident pay shall immediately cease and determine from the date of such refusal or failure.

 

(ix)       Where accident pay is payable for part of a week only such payments shall be pro rata to a full week's entitlement.

 

(x)        When there is a redemption of weekly payments by the payment under the Workers' Compensation Act 1987, of a lump sum, there shall be no further liability for Accident Pay under this clause in respect of an injury (for which weekly payments have been recovered) from the date of the said redemption.

 

(xi)       Notwithstanding subclause 29 (xii) hereof, any employee who is receiving or who has received Accident Pay in respect of an injury shall furnish all relevant information to the employer concerning any action he or she may institute or any claim he or she may make for damages in respect of that injury and shall if required authorize such employer to obtain information as to the progress of such action or claim from the employee's solicitors and shall if required provide an irrevocable authority to the employer entitling the said employer to a charge upon any money or moneys payable pursuant to any subsequent verdict or settlement.

 

(xii)      Where the employee obtains a verdict for damages against the employer or is paid an amount in settlement of any claim for damages that he or she has made against the employer in respect of any injury for which he or she has received compensation under the Workers' Compensation Act 1987, and accident pay, such employee shall not be entitled to any further accident pay within the meaning of this clause and shall be immediately liable upon payment to him or her or his or her agent of such verdict for damages or amount in settlement of a claim therefore to repay to the employer the amount of accident pay which the employer has paid in respect of the employee's injury under this clause and hereby irrevocably authorises the employer to retain from such verdict or amounts in settlement such accident pay and apply it the employee’s own use.

 

(xiii)     Where the injury for which accident pay is paid was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof and the employee obtains a verdict for damages or is paid an amount of money in settlement of any claim for damages made against that other person, such employee shall immediately upon payment of such verdict or amount of money to him or her or his or her agent, repay to the employer the amount of accident pay which the employer has paid in respect of the employee's injury and the employee shall not be entitled to any further accident pay and shall upon institution of any such claim deliver to the employer an irrevocable authority addressed to such other person, to pay to the employer out of such verdict or settlement the amount of accident pay.

 

(xiv)     Any employee who is receiving or who has received accident pay in respect of any injury shall if required by the employer or other person on his or her behalf authorise the employer to obtain any information required by such employer concerning such injury or compensation payable in respect thereof from the insurance company that is liable to pay compensation to such employee pursuant to the Workers' Compensation Act 1987.

 

(xv)      Nothing in this clause shall require the employer to insure against their liability for accident pay nor shall it affect the right of the employer to terminate the employment of an employee.

 

(xvi)     An employee upon being dismissed by the employer whilst absent on workers' compensation, shall continue to receive accident pay as prescribed herein up to a maximum of fifty-two weeks, provided that the employee continues to receive compensation payments as prescribed by the Workers' Compensation Act 1987.

 

(xvii)    In the event of the rate of compensation payable pursuant to the Workers' Compensation Act 1987, being varied at any time after the date hereof, such variation shall not operate so as to increase the amount of accident pay payable hereunder above the amount that would have been payable if such rates of compensation had not been varied.

 

(xviii)   If the compensation payable to an employee pursuant to the Workers' Compensation Act 1987, is reduced by any amount by reasons of the fact that such employee is entitled to receive accident pay or is in receipt of accident pay then in calculating the amount of accident pay payable to such employee the compensation payable to such employee shall be deemed to be the compensation that would have been received if there had been no such reduction in compensation payments.

 

(xix)      The right to be paid accident pay shall terminate on the death of an employee entitled thereto and no sum shall be payable to the legal personal representative, next-of-kin, assignee or dependant of the deceased employee, with the exception of accident pay up to the time of death.

 

30.  Fire Protection

 

(i)         Fire Squad - Wherever it is practicable to do so, a Fire Fighting Squad shall be formed at each factory site.

 

(ii)        Site Safety - No employee shall smoke or have in his or her possession, custody or control, matches, lighters or igniters in any area of the employer's premises not designated a safe area by the employer.

 

31.  Special Leave

 

(i)         Jury Service:

 

(a)        A weekly hired employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage that he or she would have received in respect of the ordinary time which the employee would have worked had he or she not been on jury service.

 

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

 

(c)        An employee called up and subsequently not required for jury service shall report for work as soon as practicable after being informed that he or she is not so required.

 

(ii)        Attendance at Blood Bank - An employee shall not suffer any deduction in pay where during normal working hours he or she attends the blood bank and donates blood.  It shall be the responsibility of the employee to arrange a mutually convenient time with the employer.

 

32.  Bereavement Leave

 

(i)         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 (iii) below.

 

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

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Clause 27, Personal/Carer's Leave of this award 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 Clause 27, Personal/Carer’s leave of this Award. In determining such a request the employer will consider 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 32(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 27(1)(c)(ii) of clause 27, 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.

 

33.  Industrial Clothing

 

(i)         The employer shall provide for the use of employees on site the following:

 

(a)        Clean overalls weekly to each employee or more frequently if necessary.

 

(b)        As from the date of this award, one pair of safety boots or shoes, upon request, to each employee whose work necessitates their use.  Such boots or shoes will only be replaced once every twelve months unless in the opinion of the employer they have worn out by usage on site.

 

(c)        Gloves, rubber boots and protective aprons, respirators and protective goggles upon request to each employee whose work necessitates their use.

 

(d)        Wet weather clothing for yardmen when working in the rain.

 

(e)        A cap for employees regularly working with dry pigments.

 

(ii)        All industrial clothing so provided shall remain the property of the employer.

 

(iii)       Prescription Safety Glasses - The employer shall provide prescription safety glasses where the employee is required to carry out any function or work in any area where the wearing of safety glasses is a standard practice; and where such an employee normally wears spectacles prescribed by a medical practitioner or other qualified person.

 

34.  Amenities

 

Employers shall provide for -

 

(a)        Hot and cold showers and hand basins to be made available for all employees.

 

(b)        Nail brushes, towels and soap shall be supplied weekly to all employees by the employer.

 

(c)        Suitable lavatory and changing room facilities.

 

(d)        Lockers for protection of clothing.

 

(e)        Lunch rooms.

 

(f)         sufficient supply of boiling water.

 

(g)        Suitable first-aid kits.

 

(h)        A notice board in the lunch room.

 

35.  Right of Entry of Union Officials

 

(i)         For the purpose of interviewing employees on legitimate union business a duly accredited union representative shall have the right to enter an employer's premises during normal working hours at a mutually convenient prearranged time on the following conditions:

 

(a)        That the representative produces his or her authority to the manager of such premises or such other person as may be appointed by the employer operating such premises.

 

(b)        That the representative interviews employees only at a place nominated by the employer.

 

(c)        That the representative informs the employer of the nature of the business to be discussed.

 

(d)        That if an employer alleges that a representative is unduly interfering with the operation of the premises or is creating dissatisfaction amongst the employees or is offensive in his or her methods or is committing a breach of any of the previous conditions, such employer may refuse the right of entry but the representative shall have the right to bring such refusal before the Commission.

 

(ii)        A union representative shall be a duly accredited representative of the union if such representative be the holder for the time being of a certificate signed by the branch secretary of that organisation and bearing the seal of that organisation.

 

36.  Inspections

 

Subject to prior consent having been given, an employer shall have the right to inspect the contents of bags, containers, materials or vehicles being brought on to or about to be taken off a site.

 

37.  Disputes Resolution

 

(i)         Where an employer or the union is faced with a dispute or a situation likely to lead to a dispute, he/she or it (as the case may be) shall, without prejudice to his/her or its rights and duties under the Act, immediately advise the union or the employer, as the case may be, and the parties shall forthwith confer.

 

(ii)        All disputes (other than a dispute on a genuine safety issue) shall be resolved without interruption to normal work.

 

(iii)       Disputes shall be dealt with in the following manner as swiftly as circumstances permit:

 

(a)        Discussions shall firstly be between the union delegate and the nominated company representative.

 

(b)        If unresolved, discussions shall then be between the State Branch of the union and the company concerned.

 

(c)        If unresolved, discussions shall then be between the Federal Office of the union and the employer organisation representing the company.

 

(d)        If still then unresolved, any party may refer the matter to the Industrial Commission of New South Wales.

 

(iv)       Where a dispute arises due to a summary termination, then, provided there is no ban or work stoppage at the site, the employer concerned may arrest the summary termination and place the employee involved under suspension while the circumstances are discussed between the employer and the union. An employee so suspended shall not attend the work site but shall be entitled to his/her ordinary rate of pay for up to 10 working days or such earlier date as the employer and the union reach agreement on the matter.

 

(v)        Notwithstanding the above, an employer and employees may agree, at the level of enterprise, to deal with grievances in an alternative manner (in whole or in part).

 

38.  Industry Meetings

 

(i)         Meetings of Employees - Where the union calls a meeting of all employees in the industry to discuss a change of significance to this award and such meeting is to be during ordinary working hours, then employees attending the Meeting shall do so without loss of ordinary pay subject to the following:

 

(a)        The time and date of the meeting shall be discussed between the union and the employer.

 

(b)        The meeting shall be held between Monday and Friday, inclusive.

 

(c)        Where such a meeting is held in the forenoon employees shall resume normal work immediately after the meeting and not later than normal resumption time after the midday meal period.

 

(d)        An employer shall not be liable to pay an employee for more than two such meetings in any one year, nor for more than three hours ordinary time in respect of each meeting.

 

(e)        An employee shall establish to the satisfaction of the employer that he or she attended the meeting. For the purposes of this subclause an attendance sheet or record with the employee's name clearly printed and signed by the employee and stamped and dated by the union will be satisfactory compliance.

 

(ii)        Delegates' Meetings - The delegate representing members of the union at the site of an employer shall be entitled to the benefit of subclause (i), of this clause, subject to the same provisos, save that such delegate's entitlement shall be in respect of four meetings per year in lieu of two as set out in subclause (i) (d), of this clause.

 

(iii)       Commission Dispute Hearings - Where a dispute under this award has been referred to the Commission and the employer concerned agrees it will assist in obtaining a resolution that the site delegate attend proceedings at the Commission, then such delegate will not incur loss in ordinary time pay in respect of such attendance.

 

39.  Travelling and Fares

 

(i)         An employee temporarily transferred to a work site located away from the normal work site, which involves the employee having to pay a higher fare in proceeding to and from his or her home, shall be reimbursed such excess fare.  Provided that where, by agreement between an employer and an employee so transferred, the employee use his or her own vehicle, such employee shall in lieu of excess fares be entitled to an amount per kilometre as set out in Item 6 of Table 3 - Allowances, of Part B, Monetary Rates, in respect of each kilometre necessarily travelled in excess of the distance to and from his or her home and the normal work site.

 

(ii)        An employee required to travel from the normal work site to another work site shall be reimbursed fares, or where, by agreement, the employee uses his or her own vehicle, such employee shall be entitled to an amount as set out in Item 7 of Table 3 for each kilometre necessarily travelled to and from that other site.

 

40.  Trade Union Training

 

Employees nominated by the union to attend during ordinary working hours the recognised trade union training centre do so without loss of ordinary pay subject to the following:

 

(a)        That the employer concerned receive written notice of nomination from the union, setting out the times, dates, content and venue of the course.

 

(b)        That not more than one person at a time from any one site shall be nominated and not more than 15 days shall be approved by a company.

 

(c)        Attendance at an approved course or number of courses shall be for periods agreed between the union and the employer provided that attendance at such approved course or courses does not exceed 15 days in the aggregate per year.

 

(d)        That the employer is satisfied that the course is of such a nature as to be calculated to assist in reducing labour disputes and in advancing industrial relations in the industry.

 

41.  Job Delegates

 

(i)         An employee appointed job delegate in the shop or department in which he or she is employed shall upon notification thereof to the employer, be recognised as the accredited representative to the employer, of the union to which he or she belongs. An accredited job delegate shall be allowed the necessary time during working hours to interview the employer or the employer's representative on matters affecting employees whom he or she represents.

 

(ii)        Subject to the prior approval of the employer, an accredited job delegate shall be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited union official of the union to which he or she belongs on legitimate union business.

 

42.  Redundancy

 

(i)         Application

 

(a)        This clause shall apply in respect of full-time and part-time employees employed in the classifications specified by this award.

 

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

 

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

 

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

 

(ii)        Introduction of Change

 

(a)        Employer's Duty to Notify

 

(1)        Where an employer has made a definite decision to introduce major changes in production, 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.

 

(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 alternation 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 alternation of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(b)        Employer's Duty to Discuss Change

 

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

 

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

 

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

 

(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 paragraph (a) of subclause (ii), Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

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

 

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

 

(iv)       Termination of Employment

 

(a)        Notice for Changes in Production, Programme, Organisation or Structure - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure in accordance with paragraph (a) of subclause (ii) of this clause.

 

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

 

Period of continuous service

Period of notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

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

 

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

 

(b)        Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology in accordance with paragraph (a) of subclause (ii) of this clause:

 

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

 

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

 

(3)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, 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 clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(f)         Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify the 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 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 the 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) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

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

 

Years of service

Under 45 years of age entitlement

 

 

Less than 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 of age or over, the entitlement shall be in accordance with the following scale:

 

Years of service

45 years of age and over entitlement

 

 

Less than 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

 

"Week's Pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award

 

(b)        Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.  The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant and the probable effect paying the amount of severance pay in the said paragraph (a) will have on the employer.

 

(c)        Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph.

 

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

 

(vi)       Procedures Relating to Grievances - Grievances relating to individual employees will be dealt with in accordance with clause 37, Disputes Resolution.

 

43.  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).

 

44.  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 responsibility as a carer.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(vi)       NOTES

 

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

 

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

 

45.  Superannuation

 

(i)         Definitions: "P.M.I.S.S." means Paint Manufacturing Industry Superannuation Scheme.

 

(ii)        Eligibility of Employees: An employee shall be eligible for membership of P.M.I.S.S on the first day of the month following the completion of one calendar month's employment.

 

(iii)       Eligibility of Employers: Employers bound by this award shall become parties to P.M.I.S.S. upon the acceptance by the Trustees of P.M.I.S.S. of a Deed of Adherence to that Scheme, duly signed by the employer and the Trustee.  It is a condition of this clause that the terms of P.M.I.S.S. be in accordance with the Commonwealth's Operational Standards for Occupational Superannuation Funds.

 

(iv)       Contributions:

 

(a)        On behalf of each full-time employee member of P.M.I.S.S. each participating employer shall pay to the Trustee of the respective Scheme contributions at the rate of $15.50 per week, and on behalf of each part time employee member of P.M.I.S.S. each participating employer shall pay to the Trustee of the Scheme contributions at the rate of $3.10 per day employed or part thereof.

 

(b)        Contributions shall be made in respect of each completed week of service for which an employee is a member of P.M.I.S.S.

 

(c)        Upon an employee being admitted as a member of P.M.I.S.S. the employer shall pay to the Trustee of the     scheme appropriate contributions for the previous calendar month.

 

(d)        A pro rata deduction shall be made from the weekly contribution for each complete day an employee is absent from work without authorisation.

 

46.  Basis of Award and Leave Reserved to Apply

 

In order to maintain uniformity in the industry, this award is based on the Australian Paint Industry Award 2000.

 

Leave is reserved to the parties to apply at any time for a variation of this award in order to make the rates and conditions of work uniform with the said award of the Industrial Relations Commission so that the uniformity in the industry dealt with by this award may be maintained.

 

47.  Union Dues

 

(i)         The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(c)        deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

(ii)        The employee’s authorisation shall be in writing and shall authorise deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so. Such consent may form part of the written authorisation.

 

(iii)       Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five percent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

(iv)       Where the employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

(v)        The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.

 

(vi)       An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union        membership fees.

 

(vii)      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of Union membership fees to cease.

 

(viii)     This clause shall take effect:

 

(i)         In the case of employers which currently deduct Union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 3 December 2003;

 

(ii)        In the case of employers who do not fall with sub-paragraph (i) above, but who currently make deductions, other than Union membership fee deductions or mandatory deductions (such as taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 3 March 2004;

 

(iii)       For all other employers, from the beginning of the first pay period to commence on or after 3 June 2004.

 

48.  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 Paint and Varnish Makers, &c. (State) Award published 2nd November 2001 (329 I.G. 131), 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 5th 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 classes of persons provided for herein within the jurisdiction of the Paint Industry (State) Industrial Committee.

 

Paint, Varnish Makers, &c. (State) Industrial Committee Industries and Callings

 

Makers of paint, varnish, lacquer and lacquer thinners, dry colours, white lead, red lead, and zinc white, and colour card and slat makers employed in connection therewith, lead corroders, mill hand and assistants and laboratory attendants, laboratory assistants and laboratory testers employed in connection with the manufacture of paint and varnish in the State excluding the County of Yancowinna;

 

Excepting -

 

Carters, grooms, stablepersons, yard persons, and drivers of motor and other power-propelled vehicles; Engine drivers and firepersons, greasers, trimmers, cleaners, and pumpers engaged in or about the driving of engines, electrical and oil-driven cranes (including mobile cranes), winch and motor drivers; Storemen and Packers;

 

Excepting also employees of -

 

The Council of the City of Sydney;

 

And excepting further -

 

All employees within the Jurisdiction of the Wire Netting Makers, &c.

 

(Lysaghts) Conciliation Committee.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Classification Grade

Former rate of pay

SWC - 2007

Total rate per week

 

per week

 

 

 

$

$

$

1

554.20

20.00

574.20

2

566.20

20.00

586.20

3

577.70

20.00

597.70

4

598.60

20.00

618.60

5

626.30

20.00

646.30

 

Table 2 - Wage Rates - Laboratory Employees

 

Classification Grade

Former rate of pay

SWC - 2007

Total rate per week

 

per week

 

 

 

$

$

$

1

554.20

20.00

574.20

1A

566.20

20.00

586.20

2A

577.70

20.00

597.70

2B

639.90

20.00

659.90

2C

658.80

20.00

678.80

3

679.60

20.00

699.60

4

700.50

20.00

720.50

5

742.20

20.00

762.20

6

783.90

20.00

803.90

7

804.80

20.00

824.80

 

Table 3 - Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

($)

1

5(i)(a)

Leading Hand: 1-10 employees

30.60

2

5(i)(b)

Leading Hand: 11 or more employees

43.42

3

5(ii)

Storeperson Working Singly

16.38

4

8(ii)

First Aid Allowance

15.67

5

17

Meal Allowance

12.53

6

39(i)

Excess fares - transfer

0.63 km

7

39(ii)

Excess fares normal work site

0.63 km

 

 

 

E. A. R. BISHOP, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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