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New South Wales Industrial Relations Commission
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Smallgoods Manufacturers (State) Award
  
Date05/30/2008
Volume365
Part5
Page No.1920
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6532
CategoryAward
Award Code 606  
Date Posted05/29/2008

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(606)

(606)

SERIAL C6532

 

Smallgoods Manufacturers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1558 of 2007)

 

Before Commissioner Bishop

19 February 2008

 

REVIEWED AWARD

 

PART A

 

1.  Award Title

 

This award is entitled the Smallgoods Manufacturers (State) Award.

 

2.  Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Award Title

2.         Arrangement

3.         Anti Discrimination

4.         Contract of Employment

5.         Hours of Work

6.         Meal Times and Allowances

7.         Wages - Adult

8.         Special Rates

9.         Wages - Junior

10.       Arbitrated Safety Net Adjustment

11.       Proportion of Juvenile Labour

12.       Overtime

13.       Holidays and Sundays

14.       Annual Leave

15.       Sick Leave

15A.    State Personal/Carer’s Leave Case

15B.     Bereavement Leave

15C.     Parental Leave

16.       Long Service Leave

17.       Mixed Functions

18.       Termination, Change and Redundancy

19.       Payment of Wages

20.       Protective Clothing

21.       Amenities

22.       First-Aid Outfit

23.       Right of Entry

24.       Notice Boards and Posting Award

25.       Dispute Resolution Procedure

26.       Area, Incidence and Duration

 

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

3.  Anti Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

4.  Contract of Employment

 

(i)         Except as hereinafter provided employment shall be by the week.  Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.  An employee to become entitled to payment on a weekly basis shall perform such work as the employer shall from time to time require on the days and during the hours usually worked by the class of employee affected.

 

(ii)        Employment, other than casual, shall be terminated only by a week’s notice on either side and such notice may be given at any time during the week.  In lieu of such thirty eight working hours’ notice the employer may pay for thirty eight hours’ wages and, vice versa, the employee leaving his or her employment without notice shall forfeit thirty eight hours’ wages which may be deducted from any wages due.  This shall not affect the right of any employer to dismiss an employee without notice for malingering, inefficiency, neglect of duty or misconduct, in which case wages shall be paid up to the time of dismissal only, or to deduct payment for any day on which an employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work in the meat industry.

 

5.  Hours of Work

 

(i)         Not more than thirty eight ordinary hours shall constitute a week’s work.

 

(ii)        The ordinary daily hours of work for all employees shall not exceed eight hours each day, Monday to Friday, inclusive, and shall be worked between the hours of 6.00am and 8.00pm.

 

(iii)       Each daily period of work shall be unbroken except by prescribed Clause 6, Meal Times and Allowances.  No such daily period of work shall exceed eight hours in duration, exclusive of prescribed meal intervals.

 

(iv)       Subject to compliance with the foregoing provisions and those hereinafter contained, the employer shall, for all employees, fix each day’s starting and finishing times of ordinary hours of work observed by the employer for the employee concerned.

 

(v)        The employer shall state such times in advance in a notice which shall be permanently posted in the establishment so as to be at all times accessible and visible to the employee concerned.

 

(vi)       The employer may from time to time substitute other starting and finishing times if, not less than a week in advance of the substituted times, states such times in a notice posted so as to be visible at all times to the employees concerned, together with the next previous notice concerning such times.

 

(vii)      Every fixation of starting and finishing times shall be made in respect of a period which shall be not less than a week in length.

 

(viii)     Notwithstanding anything elsewhere contained in this clause labourers employed as cleaners and car washers may be worked for thirty eight hours per week at the employer’s option between the hours of 6.00am and midnight.  In no case shall the ordinary daily hours exceed eight hours on Monday to Friday, inclusive.

 

(ix)       Such labourers shall be paid at the following rates:

 

(a)        Where the work commences not later than 10.30am and finishes not later than 8.00pm, at the weekly rate under the classification "all others".

 

(b)        Where the work commences after 10.30am and before 12 noon, at the weekly rate under the classification "all others" with the addition of 5 per cent.

 

(c)        Where the work commences at 12 noon or later and finishes at or before midnight, at the weekly rate under the classification "all others" with the addition of 10 per cent.

 

6.  Meal Times and Allowances

 

(i)         Each employee shall be granted a meal break of not less than forty five minutes nor more than one hour, to commence not later than the beginning of the sixth hour of their employment on any day.

 

(ii)        A break of fifteen minutes each before noon shall be allowed to all employees for smoke-oh.  A break of fifteen minutes shall also be allowed each afternoon to employees who are rostered to work after 5.00pm.  Such breaks shall be counted and paid for as times worked.

 

(iii)       Any employee called upon to work during a meal interval shall be paid at overtime rates for the period so employed and such overtime rates shall continue until a meal break is allowed.

 

(iv)       No employee shall be called upon to work for more than five hours without a break for a meal.

 

7.  Wages - Adult

 

(a)        Adult - the minimum rates of wages of any classification shall be ascertained by referring to the classification as set out in Table 1 - Wages, of Part B, Monetary Rates. 

 

(b)        "Smallgoodsperson" means an employee who has served a relevant apprenticeship or has had at least four years’ general experience in smallgoodsmaking and who is responsible for the making of smallgoods and who may be required to perform all tasks in a smallgoods factory, including that of mixing machine operator, butcher, boner, salter, and/or pickle pumper, cooker, fillerperson, linker and tablehand.

 

8.  Special Rates

 

(a)        A casual employee, that is, an employee who is not employed for a full week, shall be paid one-fifth of the weekly wage prescribed in this award for the class of work performed plus 17.5 per cent of such rate for each day or part of a day employed.

 

(b)        In addition to the rate payable under subclause (a) hereof a casual employee shall be paid all fares reasonably and necessarily incurred.

 

(c)        Where boning is performed for export purposes under the sanction or authorisation of any Commonwealth Veterinary Office the rates for such boning shall be the rates paid under the Meat Preservers, &c. (State) Consolidated Award covering such work.

 

(d)        Where an employee is called upon to work in a chilling room in a temperature artificially reduced to below -2 degrees Celsius the employee shall be paid an amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the ordinary rate for every hour or part of an hour for which the aggregate the employee is required to work.

 

(e)        Secure Employment

 

(a)        Objective of this Clause

 

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

 

(b)        Casual Conversion

 

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

 

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

 

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

 

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

 

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

 

(vi)      If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(i), 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 or 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 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.

 

9.  Wages - Junior

 

(i)         The minimum rates of pay for junior shall be the following percentages of the rate of pay prescribed for smallgoods makers:

 

Percentage per week

 

Under 17 years of age

30

At 17 to 18 years of age

40

At 18 to 19 years of age

50

At 19 to 20 years of age

75

At 20 to 21 years of age

95

 

Thereafter not less than the minimum rate for adult employees in the section of the trade in which the employee is employed.

 

(ii)        Junior may be employed on light tasks including work involving the use of a knife in and about all departments of the works as may be agreed upon between the employer and the respective unions.

 

10.  Arbitrated Safety Net Adjustment

 

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 wages increases since 29th May 1991 other than safety net, State Wages Case, and minimum rates adjustments.

 

11.  Proportion of Juvenile Labour

 

The number of juvenile employees, employed in any one shop or smallgoods factory or shop and factory combined shall not exceed one to every three or fraction of three adult weekly employees.  An adult employer actually working in any such place or combination of places for the whole or at least a substantial part of their time shall be treated as an adult employee for the purpose of this clause.

 

12.  Overtime

 

(i)         All time worked in excess of or outside the ordinary working hours as prescribed in clause 5, Hours of Work, of this award, on any day shall be deemed to be overtime and shall be paid for at the rate of time and one-half for the first three hours and double time thereafter; provided that all time worked on Saturdays shall be paid for at the rate of time and one-half for the first three hours and double time thereafter.  A minimum payment for three hours shall be paid for work performed on Saturdays.

 

(ii)        Any time worked between 8.00pm on Friday and 4.00pm on Saturday shall be paid for at the rate of double time exclusive of payment provided for in subclause (i) hereof.

 

(iii)       No employee shall be called upon to work overtime in excess of one and one-half hours after their normal ceasing time without a break of one hour and payment as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as meal money.  An employee who is notified that they will be called upon to work overtime and who is not then required to work overtime shall be paid the sum also set in Item 2.

 

(iv)       Subject to the Factories, Shops and Industries Act 1962 -

 

(a)        Juniors under the age of 19 years shall not be called upon to work more than six hours’ overtime in any one week.

 

(b)        Juniors over 19 years of age but under 21 years shall not be called upon to work more than eight hours’ overtime in any one week.

 

13.  Holidays and Sundays

 

(i)         The following day or days on which they are observed as such shall be holidays for the purposes of this award:  New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day, the picnic day of the appropriate union and any day proclaimed as a public holiday for the State.  In any week in which any of the above named holidays fall the weekly wages shall be paid without deduction.

 

(ii)        All time worked by employees on a Sunday or holiday shall be paid for at the rate of double time in addition to the weekly rate.

 

(iii)       Any employee required to work on a Sunday or holiday shall be paid a minimum of four hours at the appropriate rate for each such Sunday or holiday worked.

 

(iv)       If an employee is dismissed within 14 days before any of the holidays abovementioned and is re-engaged within 14 days after any of the holidays abovementioned, they shall be deemed to have been dismissed for the purpose of evading payment for such holiday and any payment so evaded shall be due and payable to the employee.

 

14.  Annual Leave

 

See Annual Holidays Act 1944.

 

15.  Sick Leave

 

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

 

(i)         Except where the employee makes an election pursuant to the provisions of Workplace Management and Workers’ Compensation Act 1998, the employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to Workers’ Compensation.

 

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

 

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

 

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

 

(v)        The employee shall not be entitled in respect of any year of continued employment to sick pay for more than thirty eight ordinary working hours.  Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave which may be allowed or carried forward under this award in or in respect of such year.

 

(vi)       Sick leave, if not taken during any year, may accumulate from year to year so as to provide for sick leave up to four weeks if an employee remains in the employ of the same employer or his successor, transmittee or assignee under the conditions set out in paragraphs (i), (ii), (iii), (iv) and (v) hereof but this clause shall not impose any liability on the original employer once they have ceased to be the employer of the employee whose sick leave has accumulated.

 

(vii)      Any employee who unreasonably refuses the interview or unreasonably refuses or prevents the examination specified in paragraph (iii) hereof shall not be entitled to payment for the period during which the employee was absent from duty.

 

(viii)     For the purposes of this clause continuous service shall be deemed not to have been broken by -

 

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

 

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

 

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

 

15A.  State Personal/Carer’s Leave Case

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 15A(c)(ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 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.

 

(b)        The employee shall, if required,

 

(1)        establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(2)        establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer’s leave under this subclause where another person had taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Note:  In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at Clause 25, Dispute Resolution Procedure, should be followed.

 

(2)        Unpaid Leave for Family Purpose

 

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

 

(3)        Annual Leave

 

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

 

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

 

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

 

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

 

(4)        Time Off in Lieu of Payment for Overtime

 

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

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

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

 

(5)        Make-up Time

 

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

 

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

 

(6)        Personal Carers Entitlement for Casual Employees -

 

(1)        Subject to the evidentiary and notice requirements in 15A(1)(b) and 15A(1)(d) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 15A(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

15B.  Bereavement Leave

 

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

 

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

 

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

 

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

 

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

 

(vi)       Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 15B(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 15A(c)(ii) of Clause 15A, State Personal/Carer’s Leave Case.

 

(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.

 

15C.  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 52(2) of the Act) because:

 

(a)        the employee or employee’s spouse is pregnant; or

 

(b)        the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)        Right to request

 

(a)        An employee entitled to parental leave may request the employer to allow the employee:

 

(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(b)        The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)        Employee’s request and the employer’s decision to be in writing.

 

The employee’s request and the employer’s decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(4)        Communication during parental leave

 

(a)        Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)        provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)        The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)        The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

 

16.  Long Service Leave

 

See Long Service Leave Act 1955.

 

17.  Mixed Functions

 

An employee who is required to perform more than one class of work on any one day shall be paid for the whole of that day at the highest wages prescribed in this award for any of the work which the employee performs.

 

18.  Termination, Change and Redundancy

 

(i)         Application

 

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

 

To employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

Where the employer terminates the services of employees as the direct result of seasonal factors affecting the meat industry or shortages of livestock, the employer shall not be required to pay severance pay to the employees so terminated.

 

The employer is required to notify the union, in writing, of the terminations and, if requested, shall hold discussions with the union about the said terminations.

 

If the union is not satisfied as a result of these discussions that the terminations are the direct result of genuine seasonal factors or shortages of livestock and no agreement can be reached concerning the matter, then it will be referred to the Industrial Relations Commission of New south Wales for determination.

 

For the purposes of this award, the terms "seasonal factors" and "shortages of livestock" shall refer to the following industry features:

 

(a)        climatic features such as droughts, floods and fires and changes in the seasons; and

 

(b)        animal breeding cycles.

 

(ii)        Introduction of Change

 

Employer’s Duty to Notify

 

(a)        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.

 

(b)        "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.

 

Employer’s Duty to Discuss Change

 

(a)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause 18(ii), 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.

 

(b)        The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subclause 18(ii).

 

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

 

(iii)       Redundancy

 

Discussions before termination

 

(a)        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 subclause 18(ii) - Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

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

 

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

 

(iv)       Termination of Employment

 

Notice of Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with subclause, 18(ii) Introduction of Change:

 

(a)        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

 

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

 

(c)        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.

 

Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology in accordance with subclause 18(ii):

 

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

 

(b)        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.

 

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

 

Time Off During the Notice Period

 

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

 

(b)        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.

 

Employee Leaving During the Notice Period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

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.

 

Notice to Commonwealth Employment Service

 

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service 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.

 

Employment Separation Certificate

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink (or such other organisation responsible for unemployment benefits).

 

Transfer to Lower-paid Duties

 

Where an employee is transferred to lower-paid duties for reasons set out in subclause 18 (ii), Introduction of Change, the employee shall be entitled to the same period of notice of transfer as that to which the employee would have been entitled if the employee’s employment had been terminated, and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

 

(v)        Severance Pay

 

Where the employment of an employee is to be terminated pursuant to subclause 18 (iii), Redundancy, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

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

 

Years of service entitlement

Under 45 years of age

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

 

(b)        Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of service entitlement

45 years of age and over

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

 

(c)        "Week’s pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowance paid.

 

Incapacity to Pay

 

(a)        Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 18(v).

 

(b)        The Industrial Relations Commission of New South Wales 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 clause 18(v) will have on the employer.

 

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

 

(vi)       Savings Clause

 

Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole between the union and any employer bound by this award.

 

Nothing in this award shall be construed so as to limit the obligation of the employer with relation to the introduction of New Technology.

 

19.  Payment of Wages

 

(a)        Wages shall be paid in cash in the employer’s time between the hours of noon and 5.00 pm on the usual pay day of the employer (which shall not be later than Thursday of each week).

 

(b)        When an employee is dismissed or the employment terminated the employee shall be paid all moneys due to the employee within one hour of ceasing work.

 

(c)        On each pay day each employee shall receive wages in an envelope or accompanied by a docket showing the total amount of ordinary wages and overtime and all deductions therefrom.

 

(d)        An employer shall not keep more than two days’ pay in hand.

 

(e)        Wages dues to casual employees shall be paid immediately on the termination of work on each day on which they are engaged.

 

(f)         Notwithstanding the provisions of this clause, wages may be paid by direct payment into the employee’s bank account, provided that where wages are paid by direct payment, suitable arrangements will be made by the employer to ensure that the wages due to an employee are paid to the specific account before 12.00 noon on the normal pay day.

 

20.  Protective Clothing

 

(a)        Each employer shall provide protective clothing including waterproof aprons and boots to employees working under dirty, greasy or wet conditions.

 

(b)        In all cases where an employee’s clothing, lunch bags or receptacles used for lunches are damaged by fire or through the use of any corrosive material compensation shall be granted by the employer.

 

(c)        In cases where an employer requires any employee to wear any special uniform, coat, dress or clothing the employer shall provide such uniform, coat, dress or clothing.

 

21.  Amenities

 

Each employer shall provide amenities in accordance with the Occupational Heath and Safety Act 2000. 

 

22.  First-Aid Outfit

 

(i)         The employer shall provide and continuously maintain an efficient first-aid outfit and appliances.

 

(ii)        An efficient first-aid outfit and appliances shall be those prescribed by the Factories, Shops and Industries Act 1962, and regulations thereunder.

 

(iii)       Employers shall supply, when required, reasonable transport to any injured employee without cost to the employee.

 

23.  Right of Entry

 

In accordance with the Industrial Relations Act 1996.  (NOTE:  This provides that a duly accredited representative of the union shall have the right to enter any work place or premises for the purpose of interviewing employees and investigating suspected breaches of awards or agreements or the Industrial Relations Act 1966 and in such investigations inspect time and pay sheets - so long as the representative does not unduly interfere with the work being performed by any employee during working time).

 

24.  Notice Boards and Posting Award

 

The employer shall permit notice boards to be erected in the place of employment for the purpose of posting any notices thereon in connection with the meetings or other business of the appropriate union.  Such notice boards shall be in a prominent position.  All such notices shall be signed by the secretary or organiser of the appropriate unions. 

 

25.  Dispute Resolution Procedure

 

(i)         Procedures relating to grievances of individual employees:

 

The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

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

 

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

 

At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

While a procedure is being followed, normal work must continue.

 

The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedures relating to disputes, etc, between employers and their employees:

 

A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

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

 

While a procedure is being followed, normal work must continue.

 

The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

In the event that a dispute cannot be settled, either party may notify the Industrial Relations Commission of New South Wales of the existence of the dispute in accordance with the Industrial Relations Act 1996.

 

26.  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 Smallgoods Manufacturers (State) Award published 15 February 2002 (331 I.G. 427), as varied.

 

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

 

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

 

It shall apply to all persons engaged in any of the classifications named in this award within the jurisdiction of the Smallgoods Manufacturers (State) Industrial Committee.

 

SMALLGOODS MANUFACTURERS (STATE) INDUSTRIAL COMMITTEE

 

Industries and Callings

 

Butchers and other persons employed in the manufacture of smallgoods, other than smallgoods for preserving on the premises; and carters, grooms, stablepersons, yardpersons, drivers of motor or other power-propelled vehicles, and labourers employed in connection therewith, in the State, excluding the Country of Yancowinna;

 

Excepting -

 

Butchers and other persons employed in bacon factories.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Item No

Classification

Column A

 

 

SWC 2007

 

 

eff. 1 Dec 07

 

 

Amount per week

 

 

$

1

Smallgoods person as defined in subclause (b) of Clause 7

602.10

2

Silent - cutter operator

567.00

3

Filler

552.20

4

Mixing machine other than silent cutter operator

567.00

5

Butcher

602.10

6

Smallgoods seller from vehicle who collects cash -

 

 

i.  Non-refrigerator vehicle

567.00

 

ii.  Refrigerator vehicle

567.00

7

Boner

575.00

8

Slicer, cutter-up, guillotine operator and/or derinding machine operator

567.00

9

Salter and/or pickle pumper arterial or stab

552.00

10

Cooker and/or scalder

567.00

11

Packing room hand

532.20

12

Linker

544.85

13

Table hand

544.85

14

All others

544.85

 

Table 2 - Other Rates and Allowances

 

Item no

Clause No

Brief Description

SWC

 

 

 

Eff 1 Dec 2007

 

 

 

Amount

 

 

 

$

1

8(d)

Employee called upon to work in chilling room with the

 

 

 

temperature reduced to:

 

 

 

Temperature range Celsius Scale

 

 

 

Below 2 but not below 16

0.42

 

 

Below 16 but not below 18

0.73

 

 

Below 18 but not below 21

0.99

 

 

Below 21

1.35

 

2

12

Meal Money

 

 

 

- required to work in excess of 1½ hours

10.06

 

 

- notified of overtime then not required

10.06

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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