Saddlery,
Leather, Canvas and Plastic Material Workers' (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1556 of 2007)
|
Before Commissioner
Bishop
|
19 February 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Contract
of Employment
4. Wage
Rates
5. Consultative
Mechanism
6. Casual
Labour
6A. Secure
Employment Provisions
7. Special
Rates
8. Mixed
Functions
9. Sunday
and Holiday Rates
10. Anti-Discrimination
11. Hours of
Work, Meal Times and Rest Periods
11A. Implementation
of 38-Hour Week
12. Overtime
13. Holidays
14. Payment of
Wages
15. Sick Leave
16. Personal/Carer's
Leave
17. Accident
Pay
18. Annual
Leave
19. Long
Service Leave
20. Outdoor
Work
21. Certificate
of Service
22. Time and
Wages Book
23. General
Conditions
24. Tools of
Trade and Protective Clothing
25. Shop
Delegates
26. Union
Business
27. Posting
Awards and Notices
28. Payment by
Result Schemes
29. Part-time
Employment
30. Right of
Entry of Union Officials
31. Existing
Conditions
32. Apprentices
33. Basis of
Award and Leave Reserved to Apply
34. Bereavement
Leave
35. Parental
Leave
36. Jury
Service
37. Emergency
Power Arrangements
38. Grievance
and Dispute Procedure
39. Redundancy
40. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Allowances
2. Definitions
(a) "Double
time" shall mean when applicable to ordinary hours of work on a weekday,
the ordinary hourly rate payable as part of the weekly wage, and in addition a
rate equal to such ordinary hourly rate.
(b) "Double
time and one-half" or rate of double time and one-half shall mean when
applicable to hours of work on a holiday, the ordinary hourly rate payable as
part of the weekly wage and in addition a rate equal to one and one-half times
such ordinary hourly rate.
(c) "Journeyperson"
shall mean an employee twenty years of age or over with four years experience
in the industry or one who has completed his term of apprenticeship in the
industry.
(d) In this award,
unless the contrary appears, words importing the masculine gender shall include
females.
(e) "Designer"
shall mean an employee engaged solely on the designing of products and samples.
(f) "Pattern
Cutter" shall mean an employee engaged on cutting patterns and samples but
shall not include an employee who modifies patterns under supervision.
(g) "Sailmaker"
means a person who is engaged to and is capable of designing and making sails.
He/she must be capable of performing all of the following functions:
(i) Laying out
and cutting of the sails
(ii) Supervise the
joining and assembling of the sail, including the positioning of the batten
pockets and cuts the flow to luff and leech of sail
(iii) Supervise
and/or perform the work of "ticking" ropes to surround the sail
(iv) Supervise the
"hand finishing" of the sail and be responsible for the final cut of
the sail and shall modify the sail if necessary.
(h) "Cutter
(Canvas Goods Section)" means an experienced employee who has knowledge of
all types and weights of materials made and used in the trade and who is
capable of laying out and cutting all types of materials or work and who can
mark, prepare and supervise the machining and the finishing of the work
concerned.
(i) "Union"
means the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch.
(j) "Industrial
Committee" means the Saddlery, Leather, Canvas and Plastic Material
Workers, &c. (State) Industrial Committee.
3. Contract of
Employment
(a) Except as to
casual employees, employment shall be terminable on either side by the required
notice (as set out in subclause (c) of this clause) given at any time during
the week, provided that during the first week of service the employment may be
terminated by either party giving one day's notice.
Such day's notice is to take effect at the ordinary
ceasing time on the day such notice is given if such notice is given within two
hours of the ordinary commencing time that day, or earlier. Where the required
notice is not given, the employer shall pay wages in lieu of the required
notice or the employee shall forfeit wages in lieu of the required notice,
which may be deducted from any moneys due to the employee. At the time of
engagement an employee shall be informed as to whether he is engaged either as
a weekly or a casual employee.
(b) This shall not
affect the right of the employer to dismiss any employee without notice for
malingering, inefficiency, neglect of duty or misconduct, and in such cases
wages shall be paid up to the time of dismissal only or to deduct payment for
any day or shift any employee cannot be usefully employed because of any strike
or through any breakdown in machinery or any stoppage of work by any cause for
which the employer cannot reasonably be held responsible.
(c) Termination of
Employment -
(i) Notice of
termination by employer
(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
|
|
|
|
|
1 year or less
|
1 week
|
|
1 year and up to the completion of 3 years
|
2 weeks
|
|
3 years and up to the completion of 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice in subparagraph (1) of this paragraph, 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 prescribed in subparagraphs (1) and/or (2) of this paragraph
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.
(4) In calculating
any payment in lieu of notice the wages an employee would have received in
respect of the ordinary time he or she would have worked during the period of
notice had his or her employment not been terminated shall be used.
(5) The period of
notice in this clause shall not apply in the case of dismissal for 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 specified period of time or for a specific task or tasks.
(6) For the
purposes of this clause, continuity of service shall be calculated in the
manner prescribed by subclause (k), Calculation of Service, of clause 18,
Annual Leave, of this award.
(ii) Notice of
Termination by Employee - The notice of termination required to be given by an
employee shall be the same as that required of an employer, save and except
that there shall be no additional notice based on the age of the employee
concerned. If an employee fails to give
notice the employer shall have the right to withhold monies due to the employee
with a maximum amount equal to the ordinary time rate of pay for the period of
notice.
(iii) Time Off
During Notice Period - Where an employer has given notice of termination to an employee,
an employee shall be allowed up to one day's time off without loss of pay for
the purpose of seeking other employment. The time off shall be taken at the
times that are convenient to the employee after consultation with the employer.
(iv) 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 his or her employment and the classification
of or the type of work performed by the employee.
(v) Summary
Dismissal - Notwithstanding the provisions of subparagraph (1) of paragraph (i)
of this subclause the employer shall have the right to dismiss any employee
without notice for conduct that justifies instant dismissal, including
malingering, inefficiency or neglect of duty and in such cases the wages shall
be paid up to the time of dismissal only.
(vi) Unfair
Dismissals - Termination of employment by an employer shall not be harsh,
unjust or unreasonable. For the purpose of this clause, termination of
employment shall include terminations with or without notice. Without limiting
the above, except where a distinction, exclusion or preference is based on the
inherent requirements of a particular position, termination on the grounds of
race, colour, sex, marital status, family responsibilities, pregnancy,
religion, political opinion, national extraction and social origin shall
constitute a harsh, unjust or unreasonable termination of employment.
4. Wage Rates
(a) Adult
Employees
The rates of pay for weekly employees shall be as set
out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
(b) 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.
(c) The following
table shall indicate the wage group appropriate to each individual
classification:
|
No.
|
Classification
|
Wage Group
|
|
|
|
|
|
Saddlery and Harness Section
|
|
|
|
|
|
|
1.
|
Saddler and/or bridle hand
means an experienced employee engaged in
|
|
|
|
the manufacture and/or repair
of saddles, harness for horses or similar
|
|
|
|
collars, whips and whip
thongs,who has knowledge of all grades and
|
|
|
|
types of leather used in the
trade and is capable of making patterns,
|
|
|
|
cutting and preparing the
components and manufacturing and/or
|
|
|
|
repairing the final product
|
C
|
|
|
|
|
|
2.
|
Saddle and harness assistant
includes stitchers and punchers and all
|
|
|
|
other classes of work
requiring direct supervision -
|
|
|
|
|
|
|
|
Employee with less than 6
months' experience
|
M
|
|
|
|
|
|
|
Employee with 6 to 12 months'
experience
|
L
|
|
|
|
|
|
|
Employee with more than 12
months' experience
|
J
|
|
|
|
|
|
Leathergoods, Luggage,
Handbags, &c. Section
|
|
|
|
|
|
|
3.
|
Designer as defined
|
A
|
|
|
|
|
|
3a.
|
Pattern Cutter as defined
|
A
|
|
|
|
|
|
4.
|
Hand cutting and/or clicking
leather
|
E
|
|
|
|
|
|
5.
|
Hand cutting and/or clicking
other material
|
E
|
|
|
|
|
|
6.
|
Manufacture and/or repair,
including machine cutting, of -
|
|
|
|
|
|
|
|
(i)
|
Travelgoods, bags, trunks,
suit and attache cases, musical
|
|
|
|
|
instrument and similar cases
which are made of leather -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
I
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
H
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
F
|
|
|
|
|
|
|
|
(ii)
|
Travelgoods, bags, suit and attache cases, trunks, musical
|
|
|
|
|
instrument and similar cases as are made of fibre or any
material
|
|
|
|
|
(including plastics) other than leather -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
K
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
J
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
G
|
|
|
|
|
|
|
|
(iii)
|
Leather coats, jackets and leggings, rifle and/or gun
covers,
|
|
|
|
|
pouches and belts -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
I
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
H
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
F
|
|
|
|
|
|
|
|
(iv)
|
Handbags, shopping bags, brief cases and cosmetic cases
made
|
|
|
|
|
of leather or any other material (including plastic) -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
I
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
H
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
F
|
|
|
|
|
|
|
|
(v)
|
Wallets, spectacle cases, pouches of all descriptions and
|
|
|
|
|
transistor radio cases made of leather, plastic or other
material -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
I
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
H
|
|
|
|
Employee with more than 12 months' experience on such
items
|
F
|
|
|
|
|
|
|
|
(vi)
|
Gloves (other than industrial and golf gloves), surgical
belts and
|
|
|
|
|
appliances, bicycle seats made of leather, plastic or any
other
|
|
|
|
|
material -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
I
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
H
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
F
|
|
|
|
|
|
|
|
(vii)
|
Playsuits made of leather, plastic or other material -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
K
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
J
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
G
|
|
|
|
|
|
|
|
(viii)
|
Braces, straps, belts of all descriptions, purses, razor
straps, hat
|
|
|
|
|
leathers, watch straps, key wallets and similar articles,
dog
|
|
|
|
|
collars, articles made of woollen lamb skins, sheep skins,
|
|
|
|
|
kangaroo skins or other like materials, and leads and
leather.
|
|
|
|
|
Goods of all descriptions not elsewhere included as are
made of
|
|
|
|
|
leather, plastic or other material -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
K
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
J
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
G
|
|
|
|
|
|
|
|
(ix)
|
Slither cans, welders and similar industrial masks and
other
|
|
|
|
|
materials made of fibre or any material (including
plastic) other
|
|
|
|
|
than leather -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
K
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
J
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
G
|
|
|
|
|
|
|
|
(x)
|
Car head rests, covers, car seats, car safety harness of
all
|
|
|
|
|
descriptions -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
K
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
J
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
G
|
|
|
|
|
|
7.
|
Employee engaged in trimming
gloves, cutting out forcetts and quirks
|
|
|
|
and cutting cotton ends
|
M
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sporting Goods, &c.,
Section
|
|
|
|
|
|
|
8.
|
Manufacture and/or repair of
sporting goods of all descriptions -
|
|
|
|
|
|
|
|
Employee with less than 6
months' experience on such items
|
I
|
|
|
|
|
|
|
Employee with 6 to 12 months'
experience on such items
|
H
|
|
|
|
|
|
|
Employee with more than 12
months' experience on such items
|
F
|
|
|
|
|
|
Machine Belting, &c.,
Section
|
|
|
|
|
|
|
9.
|
Manufacture and/or repair
machine belting, gaskets and pump washers
|
|
|
|
or similar articles
|
I
|
|
|
|
|
|
Ships' Gear Section
|
|
|
|
|
|
|
10.
|
Sail Maker - as defined
|
B
|
|
|
|
|
|
11.
|
Manufacture and/or repair of sails and ships' gear
(including nets,
|
|
|
|
fenders and rigging) and other articles that require the
hand sewing of
|
|
|
|
ropes by use of palm and
needle -
|
|
|
|
|
|
|
|
Employee with less than 6
months' experience on such items
|
I
|
|
|
|
|
|
|
Employee with 6 to 12 months'
experience on such items
|
H
|
|
|
|
|
|
|
Employee with more than 12
months' experience on such items
|
F
|
|
|
|
|
|
12.
|
Cutter - as defined
|
D
|
|
|
|
|
|
13.
|
Manufacture and/or repair of
canvas goods of all descriptions covered
|
|
|
|
by this award, including those
made of plastic substitute for canvas, and
|
|
|
|
flags of all descriptions and
including cutters other than as defined -
|
|
|
|
|
|
|
|
Employee with less than 6
months' experience on such items
|
M
|
|
|
|
|
|
|
Employee with 6 to 12 months'
experience on such items
|
L
|
|
|
|
|
|
|
Employee with more than 12
months' experience on such items
|
I
|
|
|
|
|
|
Industrial Spindle Polishing
Mops Section
|
|
|
|
|
|
|
14.
|
Manufacture and/or repair of
industrial spindle polishing mops
|
J
|
|
|
|
|
|
Industrial and Golf Gloves
Section
|
|
|
|
|
|
|
15.
|
(i)
|
Manufacture and/or repair of
industrial and golf gloves -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
L
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
K
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
I
|
|
|
|
|
|
|
|
(ii)
|
Employee engaged in trimming gloves, cutting out forcetts
and
|
|
|
|
|
quirks and cutting cotton ends
|
M
|
|
|
|
|
|
|
|
|
|
|
|
|
(iii)
|
Employee engaged in machine cutting of leather and/or
other
|
|
|
|
|
materials -
|
|
|
|
|
|
|
|
|
|
Employee with less than 6 months' experience on such items
|
K
|
|
|
|
|
|
|
|
|
Employee with 6 to 12 months' experience on such items
|
J
|
|
|
|
|
|
|
|
|
Employee with more than 12 months' experience on such
items
|
G
|
|
|
|
|
|
|
Toys Section
|
|
|
|
|
|
Toys made of woolled lamb skins, sheep skins, kangaroo
skins or other furred
|
|
|
skins. The rates
of pay for employees engaged on this work shall be:
|
|
|
|
|
|
|
16.
|
Designer - as defined
|
A
|
|
|
|
|
|
17.
|
Pattern cutter - as defined
|
A
|
|
|
|
|
|
18.
|
Die cutter using clicking
press -
|
|
|
|
|
|
|
|
Employee with less than 6
months' experience on such items
|
K
|
|
|
|
|
|
|
Employee with 6 to 12 months'
experience on such items
|
J
|
|
|
|
|
|
|
Employee with more than 12
months' experience on such items
|
G
|
|
|
|
|
|
19.
|
Hand cutter and/or clicker
|
E
|
|
|
|
|
|
20.
|
Fillers and/or stuffers
|
K
|
|
|
|
|
|
21.
|
Machinists -
|
|
|
|
|
|
|
|
Employee with less than 6
months' experience on such items
|
K
|
|
|
|
|
|
|
Employee with 6 to 12 months'
experience on such items
|
J
|
|
|
|
|
|
|
Employee with more than 12
months' experience on such items
|
G
|
|
|
|
|
|
General
|
|
|
|
|
|
|
22.
|
Storeperson
|
K
|
|
|
|
|
|
23.
|
Employee engaged in trimming
threads, cleaning, labelling, packing in
|
|
|
|
bags and cartons, attachment
of keys, turning out (other than sporting
|
|
|
|
goods), paper filling of
finished product, eyeletting (other
than canvas
|
|
|
|
goods), press studding (other
than canvas goods),marking and/or
|
|
|
|
staining, R.F. Welding, lock
fixing (on items less than 50 cm in length),
|
|
|
|
gluing edges, machine gluing,
other gluing on items less than
|
|
|
|
155 sq. cms in area
|
K
|
(a) Junior
Employees - The weekly rate for junior employees shall be the undermentioned
percentages of the rate for classification 6(ii), Manufacture, etc., of travel
goods, etc. (other than leather) with more than 12 months' experience in
subclause (c) of this clause:
|
Age
|
Percentage
|
|
16 years of age and under
|
50
|
|
17 years of age.
|
60
|
|
18 years of age
|
70
|
|
19 years of age
|
80
|
|
20 years of age
|
90
|
The above percentages shall be calculated to the
nearest 5 cents (half or less than half of 5 cents to be disregarded).
Thereafter, the minimum wage prescribed for adults for
the class of work which they are doing shall apply, provided, however, that a
junior after 4 years' experience in the industry covered by this award shall be
paid the full adult rate prescribed in subclause (c) of this clause.
(i) For the
purpose of this clause, "experience" shall mean any form of
employment in the industry.
(ii) Employers who
wilfully employ juniors without taking into account previous experience shall
be guilty of a breach of this award.
(iii) The
proportion of junior workers and apprentices to adult employees shall be one to
one. In computing the proportion under this paragraph, the number of such
employees employed for the whole of the previous 6 months shall be taken. To be clear, an employee under 21 years of
age being paid the adult rate of pay in accordance with Table 1 - Rates of Pay,
of Part B, Monetary Rates, shall not be considered as a junior worker for the
purposes of this paragraph.
(b) Leading Hands
- An employee who is appointed by the management to supervise the work of other
employees shall be paid an additional amount as set out in Items 1, 2 and 3 of
Table 2 - Allowances, of the said Part B.
(c) First-aid
Attendant - An employee holding a St John Ambulance or equivalent first-aid
certificate, appointed by the employer to be a first-aid attendant, shall be
paid an amount as set out in Item 4 of Table 2, in addition to his/her usual
weekly wage, and shall also be paid for all time spent in attending lectures on
first aid during and outside working hours, provided such time is authorised by
the employer. An adequate first-aid
outfit shall be provided as prescribed by the Occupational Health and Safety
Act 2000 (NSW), and the Regulations made thereunder.
5. Consultative
Mechanism
Enterprises shall establish a consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
6. Casual Labour
A casual employee is an employee engaged and paid as such. A
casual employee for working ordinary time shall be paid per hour one
thirty-eighth of the weekly rate prescribed by this award for the work he or
she performs plus 20 per cent. The employment of a casual worker may be
terminated by the giving of one hour's notice by either side. If a period of
engagement exceeds 20 working days continuously, the employer shall notify the
union in writing of that fact.
6A. 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.
(i) 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.
7. Special Rates
In addition to the rates set out herein the following shall
be paid:
(a) Employees
engaged in using offensive animal hair or similar offensive material in the
saddlery and harness trade or repairing harnesses or in the manufacture or
repair of other leather goods or substitutes thereof of a dirty or offensive
nature, shall be paid an amount as set out in Item 5 of Table 2 - Allowances,
of Part B, Monetary Rates, where the foreperson and the employee agree that
such hair and/or material is of an unusually offensive nature.
(b) For the repair
of canvas goods of all descriptions which the foreperson and journey person
shall agree are of an unusually dirty or offensive nature, an amount as set out
in Item 6 of the said Table 2 shall be paid.
In the case of disagreement between the foreperson and
an employee in relation to subclauses (a) and (b) of this clause, the
foreperson and employee shall refer to clause 38, Grievance and Dispute
Procedure, and a decision with respect to subclause (a) of that procedure shall
be provided within 24 hours.
(c) Employees
engaged in handling any type of chemically treated canvas materials which are
unusually offensive to handle shall have any additional rates of pay determined
by an Industrial Committee which shall meet at such times and places as the
Industrial Registrar may determine, and shall have power to settle disputes arising
under this award. In respect of any
claim under this subclause, the employer shall be given written notice of such
claim by the employee and/or the local Secretary of the union within 21 days of
the commencing of the handling of such material in dispute.
8. Mixed Functions
(a) An employee
engaged for more than two hours on duties carrying a higher rate than his
ordinary classification shall be paid the higher rate for the whole of such
day. He shall in any case be paid the
higher rate for the time so worked. If the hours worked by an employee on such
higher classification aggregates 10 in the pay week, he shall be paid at the
higher rate for the week.
(b) The employee
called upon to operate a forklift or similar vehicle shall be paid an amount
per hour extra set out in Item 7 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, whilst so engaged.
9. Sunday and Holiday
Rates
(a) All time
performed on Sundays shall be paid for at the rate of double time, and on
holidays at the rate of double time and a half.
(b) An employee
called upon to work on a Sunday or holiday shall be paid for a minimum of four
hours' duty.
10.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
11. Hours of Work,
Meal Times and Rest Periods
(a) Hours
(i) Subject to
clause 11A, Implementation of 38-Hour Week, and subject to the exceptions
hereinafter provided, the ordinary hours of work shall be an average of 38 per
week to be worked on one of the following bases:
(1) 38 hours
within a work cycle not exceeding 7 consecutive days; or
(2) 76 hours
within a work cycle not exceeding 14 consecutive days; or
(3) 114 hours
within a work cycle not exceeding 21 consecutive days; or
(4) 152 hours
within a work cycle not exceeding 28 consecutive days.
(ii) Subject to
subclause (e) of the said clause 11A, not more than 8 hours exclusive of meal
breaks (except if paid for at overtime rates) shall be worked in any one day in
each week.
(iii) Day Work -
The ordinary hours of day work shall not be earlier than 7.00 a.m. and not
later than 5.30 p.m. on 5 days of the week, provided that, where the employer
and the majority of employees agree, the spread of hours may be from 6.00 a.m.
to 6.00 p.m.
(iv) Shift Work
(1) Employees may
be engaged on shift work.
(2) Shift work
shall be limited to working:
(A) Permanent
afternoon shift Monday to Friday; or
(B) Shifts that
rotate between afternoon and day shifts Monday to Friday.
(3) Employees
whilst on afternoon shift shall be paid 20% additional to the ordinary
rate of pay.
(4) Employees
working shiftwork shall be given 20 minutes for a paid break, which shall be
counted as time worked.
(5) Afternoon
shift shall mean a shift finishing after 6.00 p.m. and at or before midnight
Monday to Friday.
(b) Meal Times for
Day Workers
(i) Employees
shall be allowed a meal break of 30 minutes. By agreement between the employer
and his/her employees it may be extended to a maximum of 60 minutes.
(ii) The meal
period shall be between 11.30 a.m. and 1.30 p.m.
(iii) Any employee
called upon to work during a meal hour shall be paid at the rate of time and
one-half. Such rate shall continue until the employee has a meal break.
(iv) No employee
shall be required to work more than 5 hours without a break for a meal. Provided that, with regard to Fridays only,
where hours of work are arranged in accordance with paragraph (b)(ii) of the
said clause 11A, the employer may, by agreement with the majority of employees,
extend the rest period by 10 minutes without pay and thereby be relieved of any
obligation under this paragraph only in respect of the particular day on which
no more than 6 ordinary hours are worked.
(c) Rest Period -
A rest period of 10 minutes shall be given to all employees between the hours
of 9.30 a.m. and 10.30 a.m., or at other such time as mutually agreed by the
employer and the employee. The interval
shall be counted as time off without deduction of pay. During such period, the
employee shall not leave the premises.
11A. Implementation
of 38-Hour Week
(a) The ordinary
hours of work shall be an average of 38 per week as provided in clause 11,
Hours of Work, Meal Times and Rest Periods.
(b) Except as
provided in subclauses (e) and (f) of this clause, the method of implementation
of the 38-hour week may be one of the following:
(i) By employees
working less than 8 ordinary hours each day; or
(ii) By employees
working less than 8 ordinary hours on one or more days each week; or
(iii) By fixing one
weekday on which all employees will be off during a particular work cycle; or
(iv) By rostering
employees off on various days of the week during a particular work cycle so
that each employee has one weekday off during that cycle.
(c) In each plant,
an assessment should be made as to which method of implementation best suits
the business and the proposal shall be discussed with the employees concerned.
(d) In the absence
of agreement at plant level, the matter shall be referred:
(i) To the
Secretary of the Union or nominee, at which level a conference of the parties
shall be convened without delay.
(ii) In the
absence of agreement, either party may refer the matter to a tribunal
established pursuant to the Industrial Relations Act 1996, for
resolution.
(e) Subject to the
provisions of the said clause 11, the employer and the majority of employees in
the plant or section or sections concerned may agree that the ordinary working
hours are to exceed on any day, thus enabling a weekday off to be taken more
frequently than would otherwise apply.
(f) Circumstances
may arise where different methods of implementation of a 38-hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
(g) Notice of Days
Off Except as provided in subclause (h) of this clause, in cases where, by
virtue of the arrangement of his/her ordinary working hours, an employee, in
accordance with paragraphs (b)(iii) and (b)(iv) of this clause, is entitled to
a day off during his/her work cycle, such employee shall be advised by the
employer at least 4 weeks in advance of the weekday he/she is to take off.
(h) Substitute
Days
(i) An employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to take off in accordance with paragraphs (b)(iii) and
(b)(iv) of this clause, for another day in the case of a breakdown in machinery
or a failure or shortage of electric power or to meet the requirements of the
business in the event of rush orders or some other emergency situation.
(ii) An individual
employee, with the agreement of their employer, may substitute the day he/she
is to take off for another day.
(i) Banking of
Rostered Days Off Where implementation of the 38-hour week is agreed to in
accordance with paragraphs (b)(iii) or (b)(iv) of this clause, an employer and
the majority of the employees concerned may agree to a banking system of
rostered days off, provided that no more than 5 days may be banked for any
employee in any one period. An employee shall therefore work on what would
normally have been his/her rostered day off and accrue an entitlement to bank a
rostered day off to be taken at a mutually convenient time for both the
employer and the employee. No penalty payments shall be made to employees
working on a day which would otherwise have been a rostered day off and in no
circumstances shall the employee lose his/her entitlement to the banked days
or, in the event of termination only, payment in lieu thereof.
12. Overtime
(a) For all work
done outside ordinary hours, the rates of pay shall be time and a half for the
first three hours and double time thereafter, such double time to continue
until the completion of the overtime work. For the purposes of this clause
ordinary hours shall mean the hours of work fixed in an establishment in
accordance with clauses 11, Hours of Work, Meal Times and Rest Periods and 11A,
Implementation of 38-Hour Week of this award. The hourly rate when computing
overtime shall be determined by dividing the appropriate weekly rate by
thirty-eight, even in cases when an employee works more than thirty-eight
ordinary hours in a week.
(b) In computing
overtime each day's work shall stand-alone.
(c) An employee
required to work overtime in excess of one and one-half hours without being
notified on the previous day or earlier that he/she will be required to work
overtime shall be paid an amount as set out in Item 8 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates. If an employee has provided a meal
and is not required to work overtime or is required to work less than the
amount advised, he/she shall be paid an amount as set out in Item 9 of the said
Table 2.
(d) If the period of
overtime exceeds one and one-half hours an employee before starting overtime
after working ordinary hours shall be allowed a crib break of twenty minutes
which shall be paid for at the ordinary time rate of pay. An employee may agree
to any variation of this provision to meet the circumstances of the work in
hand, provided that the employer shall not be required to make any payment for
any time allowed in excess of twenty minutes.
(e) An employee
recalled to work overtime after leaving his/her employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of 3 hours' work at overtime rates for each time he/she is so recalled;
provided that, except in unforeseen circumstances arising, the employee shall not
be required to work the full 3 hours if the job he/she was recalled to perform
is completed within a shorter period. Overtime worked in the circumstances
specified in this subclause shall not be regarded as overtime for the purposes
of subclauses (c) and (d) of this clause, where the actual time worked is less
than 3 hours on such recall or each of such recalls.
(f) Any employee
shall have completed his/her normal daily hours before overtime payment
commence for such day excepting in cases where failure to do so is due to
causes outside his/her control or where time off has been with the employer's
consent. Any suspected abuse of this subclause shall be referred to the
Industrial Committee.
(g)
(i) An employer
may require any employee to work reasonable overtime at overtime rates, and
such employee shall work overtime in accordance with such requirement.
(ii) No employee
shall be compelled to work more than a reasonable amount of overtime.
13. Holidays
(a) All employees
shall be entitled to the holidays hereinafter mentioned or any day observed in
lieu thereof without deduction of pay:
(i) New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Labour Day, Christmas Day and Boxing Day, together with all
other days proclaimed as public holidays throughout the State.
(ii) The first
Monday in August shall be an additional award holiday provided that in
establishments where the majority of employees are entitled to another day as
an additional award holiday then such additional holiday shall be observed in
lieu of the abovementioned Monday; provided further that by agreement between
any employer and the majority of employees concerned another day may be
substituted for this additional holiday in respect of that employer's
undertaking.
(b) Pieceworkers
shall be paid for such holidays even though not worked at the ordinary rates
payable to employees not on piecework doing the same class of work. The rate
shall be one-fifth of the appropriate weekly wage.
(c) If an
employee's engagement is lawfully terminated otherwise than for misconduct
within two weeks of any of the holidays abovementioned, he or she shall be paid
for such holiday unless he or she commences work with another employer and is
paid by such employer for such holiday or holidays.
(d) Where an
employee is absent from his or her employment on the working day before or
after a holiday without reasonable excuse or without the employer's consent
such employee shall not be entitled to payment for such holiday. The amount to
be deducted shall be one-fifth, as the case may be, of the appropriate weekly
wage.
(e) In the case of
an employee whose ordinary hours of work are arranged in accordance with
paragraphs (b)(iii) or (b)(iv) of clause 11A, Implementation of 38 Hour-Week,
the weekday to be taken off shall not coincide with a public holiday fixed in
accordance with paragraphs (a)(i) and (ii) of this clause. Provided that, in
the event that a public holiday is prescribed after an employee has been given
notice of his/her weekday off in accordance with subclause (g) of the said
clause 11A and the public holiday falls on the weekday the employee is to take
off, the employer shall allow the employee to take the day off on an
alternative weekday.
14. Payment of Wages
(a) Subject to the
provisions of subclause (b) of this clause, an employee shall be paid wages on
any day, Monday to Thursday, in each week and such wages shall be paid not
later than two days after the end of the pay week in respect of which the wages
have become due.
(b) Wages may be
paid on Friday only in cases where the local branch or section of the union
gives written permission to an employer.
(c) Employers
shall pay all monies due on payday not later than fifteen minutes before knock-off
time. Time waiting for payment after such fifteen minutes shall be paid for at
overtime rates.
(d) Where a
holiday occurs on a pay day the employee shall be paid on the day preceding the
usual pay day, subject to any overtime or incentive payment being carried
forward to the next week.
(e) Any employee
who has worked only a portion of a week and who is dismissed by the employer or
lawfully leaves the employment shall be paid on ceasing work all monies due.
(f) On a pay day
the employer shall state to each employee in writing the amount of wages to
which he is entitled and the amount of overtime paid or the number of hours of
overtime, the amount of deductions made there from and the net amount being
paid to him and the date to which wages are paid.
(g) An employee
sent to work at a place other than his or her ordinary place of employment,
shall be paid all fares and out-of-pocket expenses incurred in going to or from
such place of employment, and shall, if the travelling is done outside ordinary
hours, be paid at overtime rates for the time spent in travelling with a
maximum of eight hours per day.
(h) Wages shall be
paid as follows:
(i) In the case
of an employee whose ordinary hours of work are arranged in accordance with
clause 11A, Implementation of 38-Hour Week, of this award so that he works 38
ordinary hours each week, wages shall be paid weekly according to the actual
ordinary hours worked each week. Employee who works an average of 38 ordinary
hours each week -
(ii) Subject to
subclauses (i) and (j) of this clause, in the case of an employee whose
ordinary hours of work are arranged in accordance with the said clause 11A, so
that the employee works an average of 38 ordinary hours each week during a
particular work cycle, wages shall be paid weekly according to a weekly average
of ordinary hours worked even though more or less than 38 ordinary hours may be
worked in any particular week of the work cycle.
Special Note - Explanation of Averaging System -
As provided in this subclause, an employee whose
ordinary hours may be more or less than 38 in any particular week of a work
cycle is to be paid wages on the basis of an average of 38 ordinary hours so as
to avoid fluctuating wage payments each week. An explanation of the averaging
system of paying wages is set out below -
(a) Paragraphs
(b)(iii) and (b)(iv) of the said clause 11A provide that in implementing a
38-hour week the ordinary hours of an employee may be arranged so that the
employee is entitled to a day off on a fixed day or rostered day basis during
each work cycle. It is in these circumstances that the averaging system would
apply.
(b) If the 38-hour
week is to be implemented so as to give an employee a day off in each work
cycle this would be achieved if, during a work cycle of 28 consecutive days
(that is, over four consecutive weeks), the employee's ordinary hours were
arranged on the basis that for three of the four weeks the employee worked 40
ordinary hours each week and in the fourth week the employee worked 32 ordinary
hours. That is, he would work for 8 ordinary hours each day Monday to Friday
inclusive for three weeks, and 8 ordinary hours on four weekdays only in the
fourth week - a total of 19 days during the work cycle.
(c) In such a case
the averaging system applies and the weekly wage rates for ordinary hours of
work applicable to the employee shall be the average weekly wage rates set out
for the employee's classification in clause 4, Wage Rates, of this award, and
shall be paid each week even though more or less than 38 ordinary hours are
worked that week.
In effect, under the averaging system, the employee
accrues a credit each day the employee works actual ordinary hours in excess of
the daily average, which would otherwise be 7 hours 36 minutes. This credit is
carried forward so that in the week of the cycle that the employee works on
only four days, the actual pay would be for an average of 38 ordinary hours
even though, that week, the employee works a total of 32 ordinary hours.
Consequently, for each day an employee works 8 ordinary
hours he accrues a credit of 24 minutes (0.4 hours). The maximum credit the
employee may accrue under this system is 0.4 hours on 19 days; that is, a total
of 7 hours 36 minutes.
(d) As provided in
subclause (i) of this clause, an employee shall not accrue a credit for each
day of absence from duty other than on annual leave, long service leave, public
holidays, paid sick leave, personal/carer’s leave, workers' compensation,
bereavement leave or jury service. When an employee is absent from duty because
of annual leave, workers' compensation, bereavement leave or jury service, the
entitlement is determined in accordance with the appropriate award provision
dealing with such entitlements.
(i) Absences from
duty -
(i) An employee
whose ordinary hours are arranged in accordance with paragraphs (b)(iii) and
(b)(iv) of clause 11A, Implementation of 38-Hour Week, and who is paid wages in
accordance with paragraph (h)(ii) of this clause and is absent from duty (other
than on annual leave or personal/carer's leave, long service leave, public
holidays, paid sick leave, workers' compensation, bereavement leave or jury
service) shall, for each day so absent, lose average pay for that day
calculated by dividing his/her average weekly wage rate by 5.
An employee who is so absent from duty for part of a
day shall lose average pay for each hour of absence by dividing his/her average
daily pay rate by 8.
(ii) Provided
that, when such an employee is absent from duty for a whole day the employee
shall not accrue a credit because the employee would not have worked ordinary
hours that day in excess of 7 hours 36 minutes for which the employee would
otherwise have been paid. Consequently, during the week of the work cycle the
employee is to work less than 38 ordinary hours the employee shall not be
entitled to average pay for that week. In that week, the average pay shall be
reduced by the amount of the employee does not accrue for each whole day during
the work cycle of absence. The amount by which an employee's average weekly pay
shall be reduced when absent from duty (other than on annual leave, long
service leave, public holidays, paid sick leave, workers' compensation,
bereavement leave or jury service) is to be calculated as follows:
Total of credits not accrued during cycle x average
weekly pay
38
Examples:
(An employee's ordinary hours are arranged so that the
employee works 8 ordinary hours on five days of each week for 3 weeks and 8
ordinary hours on four days of the fourth week.)
1. Employee takes
one day off without authorisation in first week of cycle.
Week of Cycle Payment
1st week = average weekly pay less one day's pay (i.e.,
less 1/5)
2nd and third weeks = average weekly pay each week
4th week = average pay less credit not accrued on day
of absence
2. Employee takes
each of the 4 days off without authorisation in fourth week.
Week of Cycle Payment
1st, 2nd and 3rd weeks = average pay each week
4th week = average pay less 4/5 of average pay for the
four days absent
= less total of credits not accrued that week
|
= 1/5 average pay less
|
|
4 x 0.4 hours (1.6 hours) x
|
|
average weekly pay
|
|
38
|
|
(j) Alternative
Methods of Payment -
(i) Provided that
in the case of an employee who, prior to 5 July 1985, was working less than 40
ordinary hours each week and who was paid by a method different from that
provided for in subclauses (h) and (j) hereof, such method may be continued.
(ii) Provided
further that, where the employer and the majority of employees concerned agree,
an alternative method of paying wages to that provided in subclauses (h) and
(i) hereof may be introduced.
(k) Day Off
Coinciding with Pay Day - In the event that an employee, by virtue of the
arrangement of his ordinary working hours, is to take a day off on a day which
coincides with pay day, such employee shall be paid no later than the working
day immediately following pay day. Provided that, where the employer is able to
make suitable arrangements, wages may be paid on the working day preceding
payday.
(l) Where an
employer and employee agree, the employee may be paid wages by cheque or direct
transfer into the employee's bank account (or other recognised financial
institution). Notwithstanding this provision, if the employer and the majority
of employees agree, all employees may be paid their wages by cheque or direct
transfer into an employee's bank account (or other recognised financial
institution), provided that in the case of employees paid by cheque, the
employer shall, on pay day, if it is required by the employee, have facilities
available during ordinary hours for the encashment of the cheque.
15. Sick Leave
An employee other than a casual employee who is absent from
work on account of personal illness or incapacity due to any cause other than
his own misconduct shall be entitled to leave of absence without deduction of
pay, subject to the following conditions:
(a) An employee
shall not be entitled to paid leave of absence for any period in respect of
which he is entitled to workers' compensation.
(b)
(i) An employee
shall within 24 hours of the commencement of such absence inform the employer
of his inability to attend for duty and as far as practicable state the nature
of the illness or incapacity and the estimated duration of the absence.
(ii) Where
practicable, an employee shall notify the employer of the prospective absence
prior to the commencement of the first period of work for which the employee
will be absent.
(c) An employee
before becoming entitled to sick pay shall, if required to do so by the
employer, produce a doctor's certificate, statutory declaration, or other
sufficient evidence of sickness. Any
dispute arising from this subclause shall be decided by the Industrial
Committee.
(d) An employee
absent through illness or incapacity shall not be entitled in his first year
(whether in the employ of one employer or several), except as hereinafter
provided, to leave in excess of 5 days and in his second and subsequent years
he/she shall not be entitled to leave in excess of 8 days. For this purpose a
year shall commence on the 1st day of July.
(e) An employee
employed under any system of payment by results (clause 28 of this award)
entitled to paid leave of absence under this clause shall be paid at the
time-work rate applicable to his classification.
(f) An employer
in the first 6 months of employment of an employee shall not be liable to pay
the employee for more than 3 1/3 hours absence owing to such ill health or
incapacity in respect of each completed month of employment with that employer.
(g) If the full
period of leave as prescribed above is not granted in any year with an
employer, such portion as is not granted shall be cumulative from year to year
with that employer up to a period equivalent to the amount of such leave which
could be accumulated over a period of twelve years if no such leave was taken
in that period which shall be the maximum amount of leave to which any employee
may be entitled in any year without deduction of pay.
(h) Service before
the date of coming into force of this clause shall be counted as service for
the purpose of qualifying thereunder.
16. Personal/Carer's
Leave
(a) Use of Sick
Leave
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 16(a)(iii)(2) 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 15, 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.
(ii) 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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) 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 stepchild, 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.
(iv) 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 38, Grievance and Dispute Procedure, should be
followed.
(b) Unpaid Leave
for Family Purpose
(i) 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
16(a)(iii)(2) above who is ill or who requires care due to an unexpected
emergency.
(c) Annual Leave
(i) 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.
(ii) Access to
annual leave, as prescribed in paragraph (i) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(iii) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least 5 consecutive annual leave days are
taken.
(iv) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
(d) Time Off in
Lieu of Payment for Overtime
(i) 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.
(ii) 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.
(iii) If, having
elected to take time as leave in accordance with paragraph (i) 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.
(iv) Where no election
is made in accordance with the said paragraph (i), the employee shall be paid
overtime rates in accordance with the award.
(e) Make-up Time
(i) 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.
(ii) 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.
(f) Rostered Days
Off
(i) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(ii) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(iii) 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.
(iv) 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.
(g) Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 16(a)(ii) and 16(a)(iv) 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 16(a)(iii)(2) 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.
17. Accident Pay
(a) An employer
shall pay and an employee shall be entitled to receive accident pay in
accordance with this clause.
(b) Definitions -
For the purposes of this clause and subject to the terms thereof the words
hereunder shall bear the respective definitions set out hereunder:
(i) Workers'
Compensation Act - For the purposes of this clause Workers' Compensation Act
shall mean the Workers' Compensation Act 1987, from time to time
effective.
(ii) Injury - For
the purposes of this clause injury shall mean personal injury arising out of or
in the course of employment (including, but without limiting the generality of
the foregoing, any disease to which the provisions of the Act apply and any
injury received during a daily or other periodic journey or any other journey
to which the provisions of the Act apply or during any ordinary recess referred
to in the Act), resulting in incapacity and for which compensation is being
paid.
(iii) Accident Pay
-
(1) In the case of
an employee who is or is deemed to be totally incapacitated within the meaning
of the said Act, accident pay means a weekly payment of an amount representing
the difference between, on the one hand, the total amount of compensation,
including other allowances, paid to the employee during incapacity pursuant to
the said Act for the week in question and, on the other hand, the total weekly
award rate and weekly overaward payment if any, being paid to such employee at
the date of the injury giving rise to the said payment of compensation together
with or less as the case may be any variation in award rates which would have
been applicable to the classification of such employee for the week in question
if he/she had been performing his normal duties, provided that in making such
calculation, any payment for overtime earnings, shift premiums, attendance
bonus, incentive earnings, under any system of payment by results, fares and
travelling time allowances, penalty rates and any other ancillary payments
payable by the employer shall not be taken into account.
(2) Partial
Incapacity - In the case of an employee partially incapacitated within the
meaning of the said Act, accident pay means a weekly payment of an amount
representing the difference between, on the one hand, the total amount of
compensation paid to the employee during incapacity pursuant to the said Act
for the week in question together with the average weekly amount the employee
is earning or is able to earn in some suitable employment or business (as
determined expressly or by implication by the Workers' Compensation Commission
or as agreed between the parties) and on the other hand, the total weekly award
rate and weekly over award payment, if any, being paid to such employee at the
date of the injury giving rise to the said payments of compensation together
with or less as the case may be any variation in award rates which would have
been applicable to the classification of such employee for the week in question
if he/she had been performing his/her normal duties, provided that in making
such calculation any payment for overtime earnings, shift premiums, attendance
bonus, incentive earnings under any system of payment by results, fares and
travelling time allowances, penalty rates and any other ancillary payments
payable by the employer shall not be taken into account.
The total weekly award rate and weekly overaward
payment abovementioned shall be the same as that applying for a total
incapacity provided that where an employee receives a weekly payment of
compensation under the said Act and subsequently such payment is reduced
pursuant to the said Act, such reduction shall not increase the liability of
the employer to increase the amount of accident pay in respect of that injury.
(3) Payment for
Part of a Week - Where an employee receives accident pay and such pay is
payable for incapacity for part of a week the amount shall be a direct pro
rata.
(c) Qualification
for Payment - Always subject to the terms of this clause, an employee covered
by this award shall, upon receiving payment of compensation and continuing to
receive such payment in respect of a weekly incapacity within the meaning of
the said Act, be paid accident pay by his/her employer who is liable to pay
compensation under the said Act, which said liability by the employer for
accident pay may be discharged by another person on his behalf, provided that -
(i) Accident pay
shall only be payable to an employee whilst such employee remains in employment
of the employer by whom he/she was employed at the time of the incapacity and
then only for such period as he/she receives a weekly payment under the said
Act. Provided that if an employee on partial incapacity cannot obtain suitable
employment from his/her employer but such alternative employment is available
with another employer then the relevant amount of accident pay shall still be
payable. Provided further that in the case of termination by an employer of an
employee who is incapacitated and receiving accident pay, accident pay shall
continue to apply subject to the provisions of this clause except in those
cases where -
(1) The
termination is due to serious and/or wilful misconduct on the part of the
employee; or
(2) arises from a
declaration of liquidation of the company in which case the employee's
entitlement shall be determined by the appropriate State legislation. In order to qualify for the continuance of
accident pay on termination an employee shall, if required, provide evidence to
his/her employer of the continuing payment of weekly workers' compensation
payments.
(ii) Accident pay
shall not apply to any incapacity occurring during the first four weeks of
employment unless such incapacity continues beyond the first four weeks and
then subject to paragraph (iii) of this subclause, and to the maximum period of
payment prescribed elsewhere herein, accident pay shall apply only to the
period of incapacity after the first four weeks.
(iii) Accident pay
shall not apply in respect of any injury during the first five normal working
days of incapacity.
(iv) An employee on
engagement may be required to declare all workers' compensation claims made in
the previous five years and in the event of false or inaccurate information
being deliberately and knowingly declared the employer may require the employee
to forfeit his/her entitlement to accident pay under this award.
(d) Maximum Period
of Payment - The maximum period or aggregate of periods of accident pay to be
made by an employer shall be a total of thirty-nine weeks.
(e) Absence on
other Paid Leave - An employee shall not be entitled to the payment of accident
pay in respect of any period of paid annual leave, or long service leave, or
for any paid public holiday in accordance with the appropriate award
provisions.
(f) Notice of
Injury - An employee upon receiving an injury for which he/she claims to be
entitled to receive accident pay shall give notice in writing of the said
injury to his/her employer and of its manner of happening as soon as
practicable after the happening thereof and shall provide in writing all other
information as the employer may reasonably require.
(g) Furnishing of
Evidence - An employee who has suffered any injury for which he is receiving
payment or payments for incapacity, in accordance with the provisions of the
said Act, shall furnish evidence to the employer from time to time as required
by the employer of such payment and compliance with this obligation shall be a
condition precedent to any entitlement under this clause. 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/her behalf, authorise his/her
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 said Act.
(h) Medical
Examination - Nothing in this clause shall in any way be taken as restricting
or removing the employer's rights under the said Act to require the employee to
submit himself/herself for examination by a legally qualified medical
practitioner, provided and paid by the employer, and if he/she refuses to
submit himself/herself to such examination or in any way obstructs the same,
his/her right to receive or continue to receive accident pay shall be suspended
in like manner as his/her right to compensation is suspended pursuant to the
said Act until such examination has taken place.
Where in accordance with the said Act a medical referee
gives a certificate as to the condition of the employee and his/her fitness for
work or specifies work for which the employee is fit and such work is made
available by the employer and refused by the employee or the employee fails to
commence the work, accident pay shall cease from the date of such refusal or
failure to commence work. Where an employer is unable to provide work of the
nature stipulated by the medical referee an employee shall take all reasonable
steps to obtain such work with another employer and in the event of his/her
failure to do so payment of accident pay shall cease.
(j) Redemption of
Weekly Payments - Where there is a redemption of weekly compensation payments
by the payment under the said Act of a lump sum the employer's liability to pay
accident pay shall cease as from the date of such redemption.
(k) Civil Damages
Claim -
(i) An employee
receiving or who has received accident pay shall advise his/her employer of any
action he/she may institute or any claim he/she may make for damages. Further
the employee shall, if required, authorise 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 authority to the employer entitling the employer
to a charge upon any monies payable pursuant to any verdict or settlement on
that injury.
(ii) Where an
employee obtains a verdict for damages against his/her employer or is paid an
amount of money in settlement of any claim for damages that he/she has made
against his/her employer in respect of any injury for which he/she has received
accident pay, the employer's liability to pay accident pay shall cease from the
date of such verdict; provided that if the verdict for damages is not reduced
either in whole or part by the amount of accident pay made by the employer the
employee immediately upon payment of such verdict or amount in settlement shall
pay to his/her employer any amount of accident pay already received in respect
of that injury by which the verdict has not been so reduced.
(iii) Where an
employee obtains a verdict for damages against a person other than the employer
or is paid an amount of money in settlement of any claim for damages that
he/she has made against such person in respect of any injury for which he/she
has received accident pay the employer's liability to pay accident pay shall
cease from the date of such verdict; provided that if the verdict for damages
is not reduced either in whole or part by the amount of accident pay made by
the employer the employee shall pay to his/her employer any amount of accident
pay already received in respect of that injury by which the verdict has not
been so reduced.
(l) Insurance
Against Liability - Nothing in this clause shall require an employer to insure
against his/her liability for accident pay, nor shall it affect the right of an
employer to terminate the employment of the employee.
(m) Variations in
Compensation Rates - Any changes in compensation rates under the said Act shall
not increase the amount of accident pay above the amount that would have been
payable had the rates of compensation remained unchanged.
(n) Death of
Employee - All rights to accident pay shall cease on the death of an employee.
(o) Disputes - In
the event of any dispute arising as to the entitlement of an employee to
payment of accident pay in accordance with the provisions of this award the
matter shall, if any party to this award so requires, be referred to the
Industrial Committee.
(p) Safety
Regulations - Without prejudice to the terms of this clause the union shall use
its best endeavours to have its members carry out all statutory and other
regulations applicable to the employment of such members and to further carry
out any orders relating to the preservation of safety given by or on behalf of
any employer of its members.
18. Annual Leave
(a) See Annual
Holidays Act 1944.
(b) Public
Holidays Excluded -
(i) A period of
annual leave shall not include award holidays, observed on working days, but
shall include all other non-working days.
(ii) If any award
holiday falls within an employee's period of annual leave and is observed on
the day, which in the case of that employee would have been an ordinary working
day, there shall be added to that period one day, being an ordinary working day
for each holiday observed as aforesaid.
(iii) Where an
employee without reasonable excuse, proof whereof shall lie upon him/her, is
absent from his/her employment on the working day or part of the working day
prior to the commencement of his/her annual leave or fails to resume work at
his/her ordinary starting time on the working day immediately following the
last day of the period of his annual leave, the employee shall not be entitled
to payment for the public holidays which fall within his/her period of annual
leave.
(c) Notice of
Leave to be Given - At least one month's notice shall be given to an employee
as to when he/she is to commence his/her leave, except in cases where by mutual
agreement between the employer and the employee a lesser period of notice may
be permitted. If at any time notice is withdrawn by an employer the employee,
if he/she postpones his/her leave, shall be compensated by the employer for any
reasonable out-of-pocket loss occasioned by the withdrawal of the notice. Any
dispute under this subclause shall be referred to the Industrial Committee.
(d) Time when
Leave is Granted - Annual leave shall be given at a time fixed by the employer
within a period not exceeding three months from the date when the right to
annual leave accrued and after not less than one week's notice to the employee.
(e) Leave to be
Given and Taken - The annual leave provided for by this clause shall be allowed
and shall be taken and except as provided in subclause (h) of this clause
payments shall not be made or accepted in lieu of annual leave.
(f) The annual
leave shall be given and taken in a continuous period, or, if the employee and
employer so agree, in two or three separate periods.
(g) Payment for
Period of Annual Leave - An employee before going on leave shall be paid the
amount of wages he/she would have received in respect of ordinary time he/she
would have worked had he/she not been on leave during the relevant period. Each employee shall have the amount of wages
to be received for annual leave calculated as follows:
(i) At the rate
applicable to him/her as prescribed by clause 4, Wage Rates, and clause 29,
Part-time Employment; and
(ii) At any
additional rate to which the employee is otherwise entitled in accordance with
his/her contract of employment for ordinary hours of work; provided that this
provision shall not operate so as to include any payment which is of a similar
nature to or is paid for the same reason as or is paid in lieu of those
payments prescribed in clauses 7, Special Rates, and 12, Overtime, of this
award, nor any payment which might have become payable to the employee as
reimbursement of expenses incurred.
(iii) In the case
of an employee carrying out work under any scheme of payments by results,
whether in accordance with clause 28, Payment by Result Schemes, of this award
or otherwise, at the rate which is the weekly average of payments made to the
employee under such scheme for the period actually worked by him/her during
ordinary hours during the last twelve monthly period in respect of which such
payments have been calculated prior to the time of going on leave or
termination of employment as the case may be; or if he/she has worked under
such scheme for a lesser period immediately prior to going on leave, at the
rate which is the weekly average of payments made during such lesser period.
(iv) At the rate
payable pursuant to clause 8, Mixed Functions, calculated on a daily basis
which the employee would have received for ordinary time during the relevant
period whether on a shift roster or otherwise.
(h) Annual Leave
Loading - During a period of annual leave an employee shall receive a loading
of 17.5 per cent calculated on the rate of wage prescribed by paragraph (i) of
subclause (g), of this clause. Provided
that such loading shall apply only in respect of each completed year of
employment.
(j) Disputes -
Any disputes as to the rights of an employee to or with respect to annual leave
shall be dealt with by the Industrial Committee.
(k) Calculation of
Service - Service before the date on which this award comes into force shall be
taken into consideration for the purpose of calculating annual leave but an
employee shall not be entitled to leave or payment in lieu thereof for any
period in respect of which leave or a payment in lieu thereof has been allowed
or made under any award hereby superseded.
19. Long Service
Leave
See Long Service Leave Act 1955.
20. Outdoor Work
(a) Except as to
the work in the machine belting trade and in the erecting of marquees and tents,
fitting and fixing blinds, awnings, wagon covers, machinery covers and other
like operations, all work shall be performed at the shop or factory of the
employer and no employer shall give out work to be performed at any other
place, or permit work to be performed at any other place; and no employee shall
perform work for an employer at any other place.
(b) No employee
(including an apprentice or unapprenticed junior worker) in employment shall
make or assist in the production of goods for sale on his/her own account or
for any other employer.
21. Certificate of
Service
Any junior or inexperienced worker when leaving or being
discharged from the employee’s employment shall be given by the employer a
certificate stating the date when such employment began and the date when such
employment terminated.
22. Time and Wages
Book
(a) Each employer
shall keep in each factory, workshop or place where work is carried on by the
employee, some card or check used in connection with a mechanical clock or a
time and wages book showing the name of each employee and his or her
occupation, the hours worked each day and the wages and allowances paid each
week.
(b) When a time
book is kept it shall be correctly entered up in ink in the English language,
and shall be signed each week by the employee verifying the accuracy of the
hours worked and the wages and allowances paid each week.
(c) The time
occupied by an employee in filling in any time books 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 at the beginning or end of duty.
(d) The time and
wages book shall be open for inspection to officers of the union duly
authorised by the Industrial Registrar pursuant to section 299 of the Industrial
Relations Act 1996, during the usual office hours at the employer's office
or other convenient place; provided that an inspection shall not be demanded
unless the Secretary of the union or an organiser of any section suspects that
a breach of this award has been or is being committed.
(e) The official
making such inspection shall be entitled to take a copy of entries in a time
and wages book relating to the suspected breach of this award.
23. General
Conditions
(a) In every
factory or workshop the employer shall make provisions for adequate warmth
during the winter period.
(b) In factories
where five or more employees are employed a separate room or portion of the
factory or workshop shall be set aside by the employer as a dining room and
therein the employer shall provide adequate table and seating accommodation.
(c) Hot water
shall be provided free of charge to be available to employees immediately
mealtime commences.
(d) The employer
shall provide the necessary labour to keep such room clean.
(e) If such dining
room is not regularly used by a reasonable number of the employees the employer
shall be released from his/her obligations under subclauses (b) and (c), of
this clause.
(f) Any dispute
in respect of this clause shall be referred to the Industrial Committee.
24. Tools of Trade
and Protective Clothing
(a) The employer
shall provide tools and implements of trade necessarily required by the
employee in the performance of his/her duties. The employee who has been
provided by the employer with facilities to lock up such tools shall be held
responsible for the safe custody of tools issued to him/her, and shall replace
or pay for any tools so provided if lost or wilfully or negligently damaged.
(b) Where work is
of an unusually dirty or offensive nature, where excessive soiling or damage
may occur to employees' working clothes, or where the nature of the work
requires suitable and adequate protective clothing it shall be supplied by the
employer. Employees shall take reasonable care of clothing so provided. Any
dispute as to this clause shall be referred to the Industrial Committee.
25. Shop Delegates
(a) Shop delegates
in each workshop shall be allowed the necessary time during working hours to
interview the employer or his/her representative on matters affecting the
employees whom they represent.
(b) Shop delegates
or union representatives shall be granted reasonable facilities for the
carrying out of their duties.
(c) Subject to the
prior approval of the employer an accredited shop steward 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 on legitimate
union business.
26. Union Business
(a) Any member of
the union or any member of the committee of management of the branch or section
thereof, or shop delegates may leave work to attend the business of the union
provided that at least reasonable notice has been given to the employer.
(b) No employer
shall compel a member of the union to resign membership of the union through
the fact of such member being made a foreman or placed upon the staff.
27. Posting Awards
and Notices
(a) In each
factory the employer shall provide a notice board in the workroom of each
department and the union shall be permitted to post formal shop and union
notices on such board; provided that the notices so posted shall be signed by
the Secretary or Shop Delegate of the union.
(b) Every employer
shall post and keep posted a copy of this award and variations thereof in a
place accessible to all employees.
28. Payment By Result
Schemes
Subject to employees receiving at least the appropriate
minimum time rate prescribed by this award and subject to the following
provisions of this clause, any employer may remunerate employees under any
piecework system, individual or group bonus system or other system of payment
by results:
(a) The employer
may fix piecework rates, or other rates based on tasks set (subject to
subclause (d), of this clause) by a method of accurate time measurement
determined by the employer provided that such rates enable employees who apply
average skill and effort and working under normal conditions to earn 12.5 per
cent above ordinary time rates; or
(b) The employer
may (subject to subclause (d), of this clause) adopt any form of bonus system
including profit sharing or other like systems.
(c) A Factory
Board shall be appointed consisting of two representatives nominated by the
employer and one of his employees nominated by employees covered by this award
and one by the union who shall be the Secretary of the union or his nominee,
not being a person employed by another employer in the industry.
(d) The rates
fixed in accordance with subclause (a), of this clause and the bonus system
adopted in accordance with subclause (b), of this clause shall in the event of
a dispute be referred to the Factory Board; provided that if the employees of
the union fail to appoint representation to such Board or fail to attend a
meeting of such Board called by the employer on a date not less than seven days
after the service of notice of a meeting on the employees' representatives and
the union, the employer may adopt such rates or adopt such system of payment by
results as the employer shall deem reasonable.
(e) In the event
of any disagreement by the Factory Board with the systems adopted or the rates
fixed the matter shall be referred to the Industrial Committee who shall decide
whether such rates have been properly fixed or whether such systems are fair
and reasonable.
(f) Piecework and
similar rates once fixed shall not, subject to other provisions of this clause,
be altered except where warranted by change of circumstances, operations,
methods or materials or to correct a demonstrable clerical error or by mutual
agreement.
(g) Award
variations shall be incorporated into the payment by results system.
(h) Where any
system of payment by results is in operation the basis of such system shall be
reduced to writing and, on request by the Secretary of the union, a copy shall
be made available to the union on a confidential basis.
(j) Overtime
penalties, shift premiums and other penalty rates prescribed by this award
shall be a separate addition on the appropriate time rate basis to any earnings
calculated by way of any system of payment by results.
(k) Employees
waiting on the employer's premises, at the employer's request, ready and
willing to work shall, for each pay period, receive at least the time rate
prescribed for their occupation.
(l) Employees on
piecework teaching learners (not in the employ of the pieceworker) on piecework
- 10 per cent of piecework rates extra whilst so employed.
29. Part-Time
Employment
Where an employer offers employment for a full working week
but employees seeking employment request to work for a lesser period, or where
an employee responds to an advertisement for part-time employment, then they
may be employed as part-time employees in any branch of the industry covered by
the scope of this award and subject to the following terms and conditions:
(a) They shall be
employed for not less than 20 hours in any week.
(b) They shall be
paid for each hour worked one thirty-eighth of the minimum weekly wage
prescribed by this award for the class of work performed by them.
(c) The payment or
deduction of payment in lieu of notice of termination of employment shall be
two-fifths of the pay of the preceding week of the employee concerned.
(d) The provisions
of this award as regards to annual leave, sick leave and holidays shall apply to
such part-time employees but they shall be paid in respect of the period of
such annual leave, sick leave and holidays only at the wage rate actually being
received by them at such time.
(e) Save as
aforesaid, all the provisions of this award shall apply to such part-time
employees.
30. Right of Entry of
Union Officials
See Chapter 5, Part 7, Industrial Relations Act 1996.
31. Existing
Conditions
(a) Existing
conditions not altered by this award shall continue in force.
(b) Notwithstanding
subclause (a), of this clause, no employee shall be prejudiced by the coming
into force of this award.
32. Apprentices
All apprentices employed in the industry covered by this
award shall be governed by the provisions relating to Apprentices of the award
of the Australian Industrial Relations Commission referred to as the Saddlery,
Leather and Canvas and Plastic Material Workers' Award, or any award rescinding
or replacing such award.
33. Basis of Award
and Leave Reserved to Apply
(a) In order to
maintain uniformity in the industry, this award is based on the current award
of the Australian Industrial Relations Commission known as the Saddlery,
Leather and Canvas & Plastic Material Workers Award.
(b) 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 Australian Industrial Relations Commission so that the uniformity in the
industry dealt with by this award may be maintained.
(c) Leave is reserved
to the union to apply with regard to an extra week's annual leave and hours of
work to be worked each week.
34. Bereavement Leave
(a) 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 (c) below.
(b) 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.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Clause 16, 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.
(d) 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.
(e) Bereavement
leave may be taken in conjunction with other leave available under clause 16,
Personal/Carer’s Leave. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(f) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 34(b) 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 16(a)(iii)(2) of clause 16,
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.
35. 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).
36. Jury Service
An employee required to attend for jury service during
ordinary working hours shall be reimbursed by the employer up to a maximum of
six days in the period of two years an amount equal to the difference between
the amount paid in respect of attendance for jury service and the amount of
wage the employee would have received in respect of the ordinary time the
employee would have worked had the employee not been on jury service.
An employee shall notify the employer as soon as possible of
the date upon which he/she is required to attend for jury service. Further the employee shall give his/her
employer proof of his/her attendance and the amount received in respect of such
jury service.
37. Emergency Power
Arrangements
(a) Notwithstanding
anything elsewhere contained in this award, the following provisions shall
apply in the case of an employer who is subjected to restriction or rationing
in the use of electric energy and/or gas and/or the emergency disconnection
thereof in accordance with the orders or regulations approved or issued by the
appropriate lawful authority in the State covered by this award.
(i) If by reason
of such restriction or rationing or emergency disconnection the employee is
unable usefully to employ an employee for the whole or any part of any day the
employee may deduct from the wages of that employee payment for any part of the
day such employee cannot be usefully employed, provided that -
(a) if an employer
requires the employee to attend for work but is not able to employ the employee
usefully, the employee shall be entitled to be paid for two hours' work;
(b) where an
employee commences work, the employee shall be entitled to be paid for a
minimum of four hours' work.
(c) This subclause
shall not apply to apprentices.
(ii) The employer
may require any day worker to perform ordinary hours of work (or any of such
ordinary hours of work) at any time on any day on the basis of an average of 38
hours per week; provided that in the State of New South Wales a day worker
shall not be required to work on a Sunday.
The following rates of pay shall apply for such work.
(a) For work
performed on Mondays to Fridays from 7.00 a.m. to 5.30 p.m. and on Saturdays
from 7.00 a.m. to noon - ordinary time.
(b) For work
performed at all other times - ordinary rates plus 10 per cent. Provided that
when a day worker is required to commence work between the hours of 9.30 p.m.
and 6.00 a.m. the amount that the employee shall receive shall not be less than
an amount of 50 per cent more than the amount the employee would receive if
paid at ordinary day rates.
(iii) The employer
may alter the times at which meal breaks are usually taken and/or the duration
of them in order to avoid or mitigate the effects of such restriction or
rationing, without being liable to pay penalty rates for work done during the
normal meal breaks; provided that the commencing time of any meal break is not
made more than one hour earlier or later than usual and that a meal break of at
least twenty minutes is allowed. Provided also that the employer shall,
whenever it is practicable, consult with the representatives of the union
before acting under this paragraph. (b) Notwithstanding anything elsewhere
contained in this award, the provisions of this clause shall apply (mutatis
mutandis) in the case of an employer who uses auxiliary power plant for the
purpose of providing employment for employees whilst such restriction,
rationing or emergency disconnection is in force and who -
(i) is unable to
usefully employ an employee for the whole of any day by reason of a breakdown
in such plant through no fault of his/he own; or
(ii) because of
the inability of the auxiliary power plant to meet the normal demands of power
-
(a) finds it
necessary to require any employee to perform the employee’s ordinary hours of
work (or any of such ordinary hours of work) outside the hours normally worked
by such employee; or
(b) finds it
necessary to alter the time at which meal breaks are usually taken and/or the
duration of them.
(c) Leave is
reserved to the parties to apply in this matter upon two days' notice in
writing.
38. Grievance and
Dispute Procedure
Subject to the provisions of the Industrial Relations Act
1996 any dispute or claim or grievance arising out of the operation of this
award, shall be dealt with in the following manner:
(a) The matter
shall be submitted by the union representative to the plant manager or other
appropriate officer of the company or by the company officer to the union
representative where appropriate.
(b) If not settled
the matter shall be formally submitted by the State Secretary or other
appropriate official of the union to the employer concerned, or vice versa.
(c) If the matter
is still not settled it shall be notified to the Industrial Relations
Commission of New South Wales for decision and such decision, subject to the
parties' right of appeal, shall be accepted.
(d) Until the
matter is determined in accordance with the above procedure, work shall
continue normally at the instruction of the employer concerned, unless danger
is alleged to be involved, in which case work shall not proceed until the
alleged danger is removed or a decision is given on the matter.
(e) No party shall
be prejudiced as to final settlement by the continuance of work in accordance
with this clause.
39. Redundancy
(a) Application
(i) This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified by this award.
(ii) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(iii) 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.
(iv) 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.
(b) Introduction
of Change
(i) 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 alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that, where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) 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 (i) 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 (i) 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.
(c) Redundancy
(i) 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
(b)(i) of this clause, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of 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.
(d) Termination of
Employment
(i) 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 (b)(i) 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 2 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.
(ii) Notice for
Technological Change - This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with paragraph (b)(i) of this clause:
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee 3 months' notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(3) The period of
notice required by this paragraph to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) 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 5 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.
(iv) 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.
(v) 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.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) 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.
(viii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (b)(i)(1) of this clause, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new ordinary-time rates for the number of weeks of notice still owing.
(e) Severance Pay
(i) Where an
employee is to be terminated pursuant to subclause (d) 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, over-award payments, shift penalties and
allowances paid in accordance with this award
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) 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 (i) will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) of this subclause if the employer obtains
acceptable alternative employment for an employee.
(f) Procedures
relating to Grievances - Grievances relating to individual employees will be
dealt with in accordance with clause 38, Grievance and Dispute Procedure.
40. 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
Saddlery, Leather, Canvas and Plastic Material Workers' (State) Award published
8 February 2002 (331 I.G. 120), as varied.
It shall apply to all persons within the jurisdiction of the
Saddlery, Leather, Canvas and Plastic Material Workers, &c. (State)
Industrial Committee.
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 19 February 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
|
Group
|
Former
Rate Per Week
|
SWC
2007
|
New
Rate Per Week
|
|
|
$
|
$
|
$
|
|
A
|
559.70
|
20.00
|
579.70
|
|
B
|
556.00
|
20.00
|
576.00
|
|
C
|
553.80
|
20.00
|
573.80
|
|
D
|
549.80
|
20.00
|
569.80
|
|
E
|
538.80
|
20.00
|
558.80
|
|
F
|
533.10
|
20.00
|
553.10
|
|
G
|
530.90
|
20.00
|
550.90
|
|
H
|
529.80
|
20.00
|
549.80
|
|
I
|
527.10
|
20.00
|
547.20
|
|
J
|
523.80
|
20.00
|
543.80
|
|
K
|
522.10
|
20.00
|
542.10
|
|
L
(all others)
|
521.00
|
20.00
|
541.00
|
|
L
(glove manufacture with less
|
515.90
|
20.00
|
535.90
|
|
than
6 months’ experience)
|
|
|
|
|
M
|
513.40
|
20.00
|
533.40
|
Table 2 -
Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
($)
|
|
1
|
4(e)
|
Leading Hand: 1-5
employees
|
24.00 per week
|
|
2
|
4(e)
|
Leading Hand: 6-10
employees
|
30.40 per week
|
|
3
|
4(e)
|
Leading Hand:
11-15 employees
|
41.70 per week
|
|
4
|
4(f)
|
First Aid
|
10.00 per week
|
|
5
|
7(a)
|
Repairing Harness - Offensive Nature
|
0.43 per hour
|
|
6
|
7(b)
|
Repairing Canvas - Offensive Nature
|
0.42 per hour
|
|
7
|
8(b)
|
Operating a Forklift
|
0.48 per hour
|
|
8
|
12(c)
|
Meal Allowance - more than one & one half hours
|
10.80
|
|
|
|
Overtime
|
|
|
9
|
12(c)
|
Meal Allowance - where employee has provided a
|
9.90
|
|
|
|
meal and not required to work
|
|
Saddlery, Leather,
Canvas and Plastic Material Workers, &c. (State) Industrial Committee
Industries and
Callings
All persons employed in or in connection with the
manufacture or repair of portmanteaux, bags, cases, trunks and travel goods of
a similar kind, covered wireless or radio cases, gloves, cosmetics and similar
bags, handbags, wallets, purses, sporting goods, and all classes of goods of
leather (excepting footwear), pelts, canvas, fibre, vulcanised fibre or
materials used in substitution of any of the foregoing or any like materials
(including plastics), sails, tents, flags, tarpaulins, canvas and canvas goods
of all descriptions, saddles and saddle trees, harness, bridle work and
strapping collars for horses and other animals, animal rugs, whips,
whip-thongs, machine belting, gaskets, pump washers and similar articles,
industrial spindle mops and all leather workers and workers in or in connection
with any of the foregoing materials doing work customary in such trades, and
also all persons engaged in the work of roping flags or covering carley floats
in the State, excluding the County of Yancowinna;
Excepting Employees of -
State Rail Authority of New South Wales;
Urban Transit Authority of New South Wales;
South Maitland Railways Pty. Limited;
Blue Circle Southern Cement Limited;
The Kandos Cement Company Limited;
The Council of the City of Sydney;
The Sydney County Council;
Shire and municipal councils;
The Electricity Commission of New South Wales;
Australian Iron and Steel Proprietary Limited within the
jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel
Proprietary Limited) Industrial Committee and the Quarries (Australian Iron and
Steel Pty. Limited) Industrial Committee;
The Council of the City of Newcastle;
The Australian Gas Light Company;
The North Shore Gas Company Limited;
Excepting also employees -
In or about metalliferous and limestone mines; in or in
connection with mining for minerals other than coal or shale; and in or about
diamond and gem-bearing mines, mining dredges, ore sluicing processes, ore
smelting, refining treatment and reduction works; In or about coal mines north
of Sydney, in or about coal mines in the South Coast district, in or about coal
and shale mines west of Sydney;
And excepting also employees -
Within the jurisdiction of the Smelting and Fertilizer
Manufacturing (Sulphide Corporation Pty. Limited and Greenleaf Fertilizers
Limited) Industrial Committee, the Cement Workers, &c. (State) Industrial
Committee, the John Lysaght (Australia) Limited Newcastle Industrial Committee
and the John Lysaght (Australia) Limited Port Kembla Industrial Committee.
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.