Biscuit and Cake Makers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1524 of 2007)

 

 

REVIEWED AWARD

 

ARRANGEMENT

 

Clause No.         Subject Matter

 

1.         Title

2.         Contract of Employment

3.         Definitions

3A.      Secure Employment

4.         Occupational Superannuation

5.         Hours of Work

6.         Payment of Wages

6A.      Deduction and Remittance of Union Membership Fees

7.         Leave

7A.      Personal/Carer's Leave

8.         Public Holidays

9.         Jury Service

10.       Meal Breaks and Refreshments

11.       Relieving in a Higher Classification

12.       Limitation of Weights

13.       Enterprise Agreements

14.       Redundancy

15.       Disputes Procedure

15A.    Anti-Discrimination

16.       Right of Entry and Inspection

17.       Wages

18.       Transfers

19.       Shift Work

20.       Overtime

21.       Employees on Probation

22.       Covering for Workers in Certain Departments

23.       Laundry Allowance

24.       Rest and/or Casualty Room

25.       Accommodation, Locker, Washing Facilities, Etc.

26.       Area, Incidence and Duration

 

Appendix A - Wage Rates and Allowances

 

Table 1 - Minimum Award Wage Rates

Table 2 - Other Rates and Allowances

 

Schedule A - Awards and Variations Incorporated

Schedule B - Changes made on Review

 

1.  Title

 

This award shall be known as the Biscuit and Cake Makers (State) Award.

 

2.  Contract of Employment

 

(i)         Employees shall be engaged on a full-time, part-time or casual basis.

 

(ii)        Subject to subclause (iv) and (vi) of this clause, the employment of full-time and part-time engaged employees may be terminated during the first month of employment by one day's notice on either side and after one month's completed employment by one week's notice given on either side at any time during the week, or by the payment of forfeiture, as the case may be, of wages for the required period of notice.  Casual employees shall be employed on an hourly basis.

 

(iii)       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 employment and classification of, or the type of work performed, by the employee.

 

(iv)       Nothing in this award shall affect the right of the employer to dismiss any employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid within 30 minutes after dismissal.  Where this is impracticable due to weekend work, shift work or overtime work situation, then payment is to be made available to the employee on the next working day.

 

(v)        An employee not attending for duty shall lose pay for the actual time of such non-attendance, except where such non-attendance is subject to clause 7, Leave; clause 8, Public Holidays; and clause 9, Jury Service.

 

(vi)       Subject to clause 7, Leave; clause 8, Public Holidays and clause 9, Jury Service, an employee who is absent without permission from work for a continuous period of 3 days shall be deemed to have abandoned employment.

 

Termination of employment by abandonment in accordance with this sub-clause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, whichever is the later.

 

(vii)      Employees are responsible for the care and safekeeping of all issues to them and shall return each article to the employer on request or on termination of employment. 

 

(viii)     Employees shall perform such work as the employer shall reasonably require.  The employees shall work reasonable overtime, day work and shiftwork as provided by the terms of this award.

 

(ix)       This clause shall not effect the right of an employer to stand down any employee without pay for any day or part of a day during which an employee cannot be usefully employed because of any industrial action or any cause for which the employer cannot be held responsible.

 

3.  Definitions

 

Full-time Employee - means an employee employed by the week to work an average of 40 hours per week.

 

Part-time Employee - means an employee employed to work by the week on a standard roster of less than 40 hours per week.

 

Casual Employee - means an employee employed by the hour and engaged and paid as such.

 

Leading Hand - means an employee appointed as such by the employer and who, while working under supervision, gives instructions to and/or is responsible for work done by other employees.

 

Union - means the National Union of Workers, New South Wales Branch.

 

Assistant Brakesperson - means an employee assisting the brakesperson at a braking machine.

 

Assistant Mixer - means an employee assisting the person at a mixing machine and who relieves a mixer from time to time.

 

Automatic Packaging Machinist - means an employee who sets up, controls, operates and attends to an automatic packaging machine and may be required to attend more than one machine.

 

Automatic Packaging Machine Operator - means an employee who operates, controls and feeds an automatic packaging machine or machines.

 

Baker - means an employee who, subject to the supervision of a leading hand, foreman or supervisor, is in charge of and empties an oven and controls the baking by regulating the heat and speed of the oven and shall include a person when he/she assists in filling an oven with a peel.

 

Biscuit Forming Machine Operator - means an employee who is responsible for the setting up, control, efficient operation and web maintenance of all biscuit forming equipment, as defined in the following grades:

 

Grade I - An employee who is able to set up in the specified time, control and efficiently operate the full range of biscuit forming and ancillary equipment and fit and maintain all webs.

 

Grade II - An employee who is able to set up in the specified time, control and efficiently operate all biscuit forming and ancillary equipment and fit and maintain all webs on at least one production plant.

 

Grade III - An employee who is being trained to the level of Grade II, having demonstrated the ability to maintain operation of biscuit forming equipment on at least one production plant.

 

Biscuit Topper - means an employee engaged in topping sandwich biscuits.

 

Brakesperson - means an employee who is employed at a braking machine whether finishing or rough preparing the dough for a cutting machine.

 

Employment on Probation - means employment of new employees, other than casual employees, on daily hire for the first two weeks of employment.

 

Checker - means an employee primarily engaged in weighing, checking, gauging of biscuits, packed biscuits or packaging materials, but does not include a person who removes scrap, reject or damaged biscuits, packed biscuits or packaging materials.

 

Depot Hand - means an employee who, subject to the supervision of a leading hand, foreman or supervisor, is engaged in the preparation of orders and assists in the loading and stacking of orders into a rail truck or road vehicle.

 

Fixer - means an employee who fixes the tops of packed tins with biscuits or paper shavings.

 

General Hand - means an employee engaged in the handling and movement of ingredients or semi-processed ingredients within the manufacturing area, the cleaning or washing of utensils and equipment, and a person not limited by the provisions of clause 12, Limitation of Weights.

 

Line Hand - means an employee unloading material from trucks or other vehicles and who may be required to perform other duties.

 

Mixer - means an employee who mixes ingredients for dough, batters, icings, chocolate icings, melting chocolate from block form, cream or shortening and includes any person employed at syrup or jelly making.

 

Night Work - means work performed by employees between the hours of 8.00 p.m. and 6.00 a.m.

 

Oven Serviceperson - means an employee who lights ovens and cleans burners and air filters.

 

Packer - means an employee, other than a trainee, engaged on packing biscuits into tins or packets or leading biscuits into an automatic packaging machine.  For the purpose of this definition a continuous training period shall not exceed two months.

 

Packer (delivery) - means an employee engaged packing articles for delivery outside the factory.

 

Paster of Packed Tins - means an employee who pastes and labels tins which have been packed and fixed but not wrapped.

 

Picker-up - means an employee who picks up packed tins of biscuits to be pasted.

 

Platform Hand - means an employee engaged in removing platforms loaded with biscuits, cakes or empty tins from place to place as required.

 

Platform Hand 1st Class - means an employee engaged in removing platforms loaded with biscuits, cakes or empty tins from place to place by power machine as required.

 

Secondary Processing Operator - Grade 1 - means an employee who is able to set up and operate a full range of enrobing and depositing equipment including

 

(a)        enrober for full or half coated biscuits with pure or compound chocolate or other fat based couveratures or icings;  and

 

(b)        marshmallow mixers and depositors;  and

 

(c)        high or low speed creaming machines;  and

 

(d)        jam and fondant depositors.

 

Secondary Processing Operator - Grade 2 - means an employee who is able to operate at least one of the machines included in the definition of Secondary Processing Operator - Grade 1.

 

Secondary Processing Operator - Grade 3 - means an employee who is being trained to operate any of the machines included in the definition of Secondary Processing Operator - Grade 1.

 

Stacker - means an employee who stacks tins of biscuits on a platform after being pasted and/or wrapped.

 

Stackerperson - means an employee who is mainly engaged in the transportation, lifting and stacking of biscuits and other goods by fixed or mobile mechanical or electrical appliances.

 

Storeperson - means an employee who receives and is in charge of goods, whether raw or manufactured, whilst stored.

 

Tea Attendant - means an employee engaged in the making and distribution of tea, refreshments, etc., and general duties in the tea room.

 

Tin Washer - means an employee engaged in washing tins.

 

Truck Stacker - means an employee who, subject to the supervision of a leading hand, foreman or supervisor, is engaged in the preparation of orders and is in charge of leading and stacking orders into rail trucks or road vehicles.

 

Wafer-Maker or Cone Maker or Waffle-Maker - means an employee who, subject to the supervision of a leading hand or foreman or supervisor, is in charge of and controls and regulates a wafer or cone-wafer oven or ovens, or waffle ovens or waffle-irons.

 

Wafer-Oven Attendant - means an employee who is employed at a wafer-oven and who trims the waste around the edges and removes the wafer from the oven plates.

 

Weighperson - means an employee whose duty it is to weigh out ingredients used in the manufacture of biscuits and/or cakes.

 

Weigher - means an employee who weighs packed tins of biscuits.

 

3A.  Secure Employment

 

(a)        Objective of this Clause

 

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

 

(b)        Casual Conversion

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c)        Occupational Health and Safety

 

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

 

 

 

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

 

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

 

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

 

 

 

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

 

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

 

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

 

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

 

 

 

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

 

 

 

(d)        Disputes Regarding the Application of this Clause

 

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

 

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

 

4.  Occupational Superannuation

 

(i)         The employer shall pay on behalf of each full-time adult employee with 6 months continuous service 3 per cent of the employee's ordinary rate of pay per week into a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(ii)        The employer shall pay on behalf of each part-time adult employee with 6 months continuous service working more than 20 hours per week 3 per cent of the employee's ordinary rate of pay into a fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(iii)       Where an employee is absent, on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee, in respect of the period of unpaid absence.

 

(iv)       The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee's employment with the employer.

 

(v)        From August 1990 where an employer has failed to make application to participate in an approved fund, the employer shall make application to participate in such fund and upon acceptance by the Trustee shall make an initial contribution which would have been payable under this award, had the employer made application to participate in such fund and been accepted by the Trustee prior to the operation of this award after which the employer shall then continue to make payments as prescribed by this award.  Other than for back payment of contributions, the employee shall not be entitled to:

 

(a)        interest on contribution; and/or

 

(b)        death and disability cover.

 

(vi)       An employer shall not be liable to contribute on behalf of any employee who refuses to sign an application form as required by the Trust Deed of an approved fund.  Such refusal shall be in writing, notwithstanding that the employee can at any time apply to have contributions commencing upon becoming a member of the fund.  Provided further that where an employee is a member of the Union, such Union shall be notified of the employee's refusal.

 

(vii)      Any employer who at the date of variation of this award is already contributing to a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation in accordance with the Principle established in the State Wage Case of December 1987, shall be exempt from this clause.

 

NOTATION:  Employees covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act, 1992 (Cth.) and the Superannuation Guarantee (Administration) Act, 1992 (Cth.) and complimentary legislation.  Nothing in this notation, however, shall be used to reduce any benefits enjoyed by employees as at the date of making this award.)

 

5.  Hours of Work

 

(i)         Weekly Full-Time Employees (Including Apprentices)

 

(a)        The ordinary hours of work shall be an average of 40 per week, worked on the following basis:

 

(i)         40 hours within a work cycle not exceeding seven days; or

 

(ii)        80 hours within a work cycle not exceeding fourteen days; or

 

(iii)       120 hours within a work cycle not exceeding twenty-one days; or

 

(iv)      160 hours within a work cycle not exceeding twenty-eight days; or

 

(v)       such other methods as may be agreed from time to time between the employer and the employees affected.

 

(b)        The ordinary hours of work prescribed herein may be worked between 5.00 a.m. and 6.30 p.m. on any day Sunday to Saturday.

 

(c)        The ordinary hours of work prescribed herein may not be less than four hours on any day nor more than twelve hours on any day.

 

(ii)        Part-Time Employees

 

(a)        The hours of work shall not exceed an average of 40 hours per week, worked on the following basis:

 

(i)         within a work cycle not exceeding seven days; or

 

(ii)        over a work cycle not exceeding 28 days; or

 

(iii)       such other methods as may be agreed from time to time between the employer and the part-time employees affected.

 

(b)        The ordinary hours of work shall be the same as for full-time employees (see subclause (i)(b) of this clause).

 

(c)        Part-time employees shall be advised of the starting and finishing times of their shifts.

 

(d)        All entitlements of this Award shall apply to a part-time employee on a pro-rata basis.

 

(iii)       Casual Employees

 

(a)        The average ordinary hours of work shall not exceed 40 hours in any week.

 

(b)        The ordinary hours of work shall not be more than twelve hours on any one day and not more than an average of five ordinary shifts shall be worked in any one week.  A minimum payment of four hours per engagement shall apply.

 

(iv)       Each employee shall have a fixed starting and ceasing time and the employer shall, by legible notice displayed in some place accessible to the employees, notify the hours of starting and ceasing work.  The starting and ceasing times once notified shall not be changed unless seven days' notice thereof has been given to the employees concerned.

 

Provided further that work done prior to the spread of hours fixed in accordance with this clause for which overtime rates are payable shall be deemed for the purpose of this clause to be part of the ordinary hours of work where the ordinary hours worked within the prescribed spread of hours in any week are less than forty.

 

6.  Payment of Wages

 

(i)         Each employer shall fix a pay period of no more than seven days, which shall be common to all the employer's employees covered by this award and this period shall not be altered without 7 days’ notice; provided that where genuine agreement is reached with a majority of employees the pay period may be extended.  Such a variation shall be subject to the consent of the Union, which shall not be unreasonably withheld.

 

(ii)        All wages and overtime shall be paid not later than three working days after the end of the pay period which shall be nominated by the employer and not changed without 7 days' notice.

 

(iii)       Any time exceeding 15 minutes during which an employee is kept waiting for payment shall be paid for at the rate of time and one half.

 

(iv)       Pay Slips:  Refer to Section 123 of the Industrial Relations Act 1996 and Clause 7 of the Industrial Relations (General) Regulation 2001.

 

6A.  Deduction and Remittance of Union Membership Fees

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

7.  Leave

 

(i)         Annual Leave

 

(a)        See Annual Holidays Act 1944.

 

(b)        Payment during Annual Leave: All employees shall receive payment for annual leave periods calculated at their ordinary rate of pay in accordance with the provisions of the Annual Holidays Act 1944, and shall, in addition, be paid all shift or early start allowances, relating to ordinary time which the employee would have worked if the employee had not been on annual holidays.  Such payment shall not include any penalty payment in respect of a public holiday occurring during the annual holiday, on which the employee would have worked an ordinary shift.

 

(c)        During a period of annual leave an employee shall receive a loading calculated on the appropriate rate of pay as prescribed.  The loading shall be as follows:

 

(1)        17 and a half per cent; or

 

(2)        the shift or early start allowance an employee would have been entitled in accordance with paragraph (b) of this sub-clause provided that entitlement exceeds 17 and a half per cent.

 

(d)        The entitlements prescribed in paragraph (c) of this subclause shall not apply to:

 

(1)        pro rata leave on termination;

 

(2)        accrued leave on termination except when the employment of an employee is terminated by the employer for reasons other than those prescribed in subclauses (iv) and (vi) of clause 2, Contract of Employment;

 

(3)        annual leave taken wholly or partly in advance, provided that the loading shall be paid if and when an employee's leave entitlement falls due.

 

(e)        In the event of annual leave close-down an employee shall receive the entitlements prescribed in paragraphs (b) and (c) of this sub-clause on a pro rata basis.

 

(ii)        Sick Leave

 

(a)        An employee on weekly hiring who, after not less than 3 months' continuous service with the employer, is unable to attend for duty during the employee’s ordinary working hours by reason of personal illness or personal incapacity not due to the employee’s 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 conditions and limitations.

 

(1)        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.

 

(2)        The employee shall as soon as reasonably practicable immediately notify the employer of an inability to attend for duty, and as far as practicable, state the nature of the illness and the estimated duration of the absence.

 

(3)        The employee shall furnish a doctor's certificate or proof as required by the employer of an inability on account of such illness or injury, to attend for duty on the day or days for which sick leave payment is claimed.

 

(b)        For the purpose of this clause continuous service shall be deemed not to have been broken by:

 

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

 

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

 

(c)        An employee shall be entitled to paid sick leave not in excess of:-

 

(1)        40 hours during the first year of employment;

 

(2)        48 hours during the second year of employment;

 

(3)        64 hours during the third year of employment;

 

(4)        80 hours during the fourth and subsequent years of employment.

 

(d)        Sick leave shall accumulate from year to year, subject to continuous employment, provided further than an employee shall not be entitled to accumulate sick leave for more than 880 hours from the end of the year in which it accrues.

 

(iii)       Bereavement Leave

 

(a)        An employee, other than a casual employee, shall be entitled to up to three days’ bereavement leave, without deduction of pay on each occasion of the death in Australia of a person as prescribed in paragraph (c) of this subclause.

 

Provided further, an employee, other than a casual employee, shall be entitled to a maximum of three days leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside Australia of an employee as prescribed in the said paragraph (c) where such employee travels outside Australia to attend the funeral.

 

(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 personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 7A, Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(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 subclauses (2), (3), (4) and (5) of the said clause 7A.  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 7(iii)(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 7A(c)(ii) of clause 7A, 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.

 

(iv)       Long Service Leave - See Long Service Leave Act 1955.

 

(v)        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).

 

(vi)       Workers' Compensation And Rehabilitation - See Workers' Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act, 1998.

 

7A.  Personal/Carer's Leave

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 7A(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 subclause (ii) of clause 7, 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 15, Disputes 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 7A(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

(3)        Annual Leave

 

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

 

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

 

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

 

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

 

(4)        Time Off In Lieu of Payment for Overtime

 

(a)        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 7(A)(1)(b) and 7A(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 7A(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.

 

8.  Public Holidays

 

(i)         The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day or any other gazetted public holiday are observed and special days appointed by proclamation as public holidays shall be holidays under this award and no deduction shall be made from the weekly pay of an employee in which any of the abovenamed holidays fall if the employee is not required to work on any of such holidays.

 

(ii)        An employee required to work on any of the days named in subclause (i) of this clause shall for all time worked on any such holidays, be paid in accordance with cause 20,Overtime.

 

(iii)       An employee absent without leave on the working day immediately preceding an award holiday or holidays, or on the working day immediately succeeding such holiday or holidays, shall forfeit wages for the days of absence including the holiday or holidays, except where such absence is due to illness of the employee or to another reasonable cause proof whereof shall be upon the employee.

 

(iv)       Employees shall be entitled to an additional holiday on the first Tuesday following Easter Monday in each year.  An employer and an employee, or an employer and the majority of employees in an establishment may agree to observe an alternative day as a holiday in lieu of the first Tuesday following Easter Monday.

 

(v)        A special day appointed by proclamation as a public holiday shall be a holiday under this award only within the district specified in the proclamation.

 

9.  Jury Service

 

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

 

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

 

10.  Meal Breaks and Refreshments

 

(i)         Each day's work shall be worked in an unbroken shift except for meal breaks or refreshments.

 

(ii)        Non-paid meal breaks shall be as arranged between the employer and the employee but in no case shall the meal breaks of an employee exceed one hour in the aggregate in any one day and not less than half an hour in any one break unless mutually agreed by the employer and the employee; provided that an employee shall not, in general, be required to work more than five hours without a break for a meal.

 

(iii)       During any shift of eight hours or more (or 7.6 hours where a 38-hour week is worked), employees shall be allowed opportunities for a paid refreshment break or breaks of no more than twenty minutes duration in aggregate and not less than five minutes for any one break, in such manner as to not interfere with the continuous running of the establishment.

 

11.  Relieving in a Higher Classification

 

Any employee performing the work of a higher paid classification than the employee's usual classification, for one hour or more on any day, shall be paid at the rate for the higher paid classification for the time the employee performs such higher paid work.

 

12.  Limitation of Weights

 

See Manual Handling, of the Occupational Health and Safety Regulation 2001

 

13.  Enterprise Agreements

 

(1)

 

(a)        As part of the Structural Efficiency exercise and as an ongoing process for improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process.

 

(b)        The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award/agreement to the extent that they are contrary provided that:

 

(i)         A majority of employees affected genuinely agree;

 

(ii)        Such agreement is consistent with the current State Wage Case principles.

 

(c)

 

(i)         Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (2), details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member.  A union or an employer association may within 14 days thereof, notify the employer in writing of any objection to the proposed arrangements, including the reasons for such objections.

 

(ii)        When an objection is raised, the parties are to confer in an effort to resolve the issue.

 

Procedures to be followed

 

(2)        Such enterprise arrangements shall be processed as follows:

 

(a)        All employees will be provided with the current prescriptions (e.g. award, industrial agreement or enterprise arrangement) that apply at the place of work.

 

(b)

 

(i)         Where an arrangement is agreed between the employer and the employees, or their authorised representative at the enterprise, such arrangement shall be committed to writing.

 

Where the arrangement is agreed between the employer and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.

 

(ii)        The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.

 

(c)        The arrangement shall be signed by the employer, or the employer’s duly authorised representative, and the employees, or their authorised representative with whom agreement was reached.

 

(d)        Where an arrangement is objected to in accordance with subparagraph (i) of paragraph (c) of subclause (1), and the objection is not resolved, an employer may make application to the Industrial Relations Commission of New South Wales to vary the award to give effect to the arrangement.

 

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

 

(f)         If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission of New South Wales to have the arrangement approved and the award varied in the manner specified in paragraph (g).

 

(g)        Such applications are to be processed in accordance with the appropriate State Wage Case principles.

 

(h)        Where an arrangement is approved by the Industrial Relations Commission of New South Wales and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt, and the alternative provisions which are to apply in lieu of such award provisions (or reference to such alternative provisions), shall be set out in a schedule to the award.

 

(i)         Such arrangement, when approved, shall be displayed on a notice board at each enterprise affected.

 

(j)         No existing employee shall suffer a reduction in entitlement to earnings, award or overaward, for working ordinary hours of work as a result of any award changes made as part of the implementation of the arrangement.

 

14.  Redundancy

 

(i)         Application:

 

(a)        This clause shall apply in respect of full-time and part-time employees.

 

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

 

(c)        Notwithstanding anything contained elsewhere in this clause, 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 steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

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

 

(ii)        Introduction of Change

 

(a)        Employer's Duty to Notify:

 

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

 

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

 

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

 

(b)        Employer's Duty to Discuss Change:

 

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

 

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

 

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

 

(iii)       Redundancy

 

(a)        Discussions Before Terminations:

 

(1)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub-paragraph (1) of paragraph (a) of subclause (ii) above, 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 sub-clause 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 terminations, 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 any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iv)       Termination Of Employment

 

(a)        Notice for Changes in Production, Programme, Organisation or Structure - This 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 (ii)(a)(1) above.

 

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

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

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

 

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

 

(b)        Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii)(a)(1) above:

 

(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 sub-clause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act, 1955, the Annual Holidays Act, 1944, or any Act amending or replacing either of these Acts.

 

(c)        Time Off During the Notice Period:

 

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

 

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

 

(d)        Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

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

 

(f)         Notice to Appropriate Government Agency - Where a decision has been made to terminate employees, the employer shall notify the appropriate government agency 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.

 

(g)        Department of Social Security 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 Department of Social Security.

 

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

 

(v)        Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, 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:

 

Under 45 Years of Age	Years of Service Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

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

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 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

 

(3)        'Weeks 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 provided for in the relevant award.

 

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

 

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

 

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

 

15.  Disputes Procedure

 

Subject to the Industrial Relations Act 1996 any grievance, dispute or claim arising out of or relating to this award shall be dealt with in the following manner:

 

(i)         Should any matter arise which gives cause for concern to an employee, the employee shall raise the matter with the immediate supervisor.

 

(ii)        If the matter remains unresolved it shall be referred to the Union delegate who shall consult with the appropriate representative of the employer.

 

(iii)       If the matter remains unresolved it shall be referred to the Secretary of the Union (or representative).  This official shall discuss the matter with a senior representative of the employer.

 

(iv)       If the matter remains unresolved it shall be submitted to the Industrial Relations Commission of New South Wales whose decision shall, subject to any appeal in accordance with the Industrial Relations Act 1996, be final.

 

(v)        Whilst the above procedure is being followed, work shall continue as normal in accordance with this award.

 

(vi)       No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.

 

(vii)      The parties shall, at all times, confer in good faith and without undue delay.

 

15A.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTES:

 

(a)        Employers and employees may also be subject to Commonwealth Anti-Discrimination Legislation.

 

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

 

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

 

16.  Right of Entry and Inspection

 

See Chapter 5, Part 7 of the Industrial Relations Act 1996 and Division 2 and 3, Part 5 of the Occupational Health and Safety Act 2000.

 

17.  Wages

 

(i)         Adult Employees

 

(a)        The minimum rates of wages for the classifications set out in Table 1 - Minimum Award Wage Rates, of Appendix A, shall be subject to the other provisions of this award.

 

(b)        Leading Hands - Leading Hands in charge of up to 10 employees shall be paid not less than the amount set out in Item 1 of Table 2 - Other Rates and Allowances, of Appendix A, in addition to their appropriate rate of pay; more than 10 employees and not more than 20 employees shall be paid not less than the amount as set out in the said Item 1 in addition to their appropriate rate of pay; more than 20 employees shall be paid not less than the amount as set out in the said Item 1 in addition to their appropriate rate of pay.

 

(c)        Line Hands who manually load, unload and/or stack flour, or manually unload coal, shall be paid as set in Item 2 of Table 2 provided any youth, employed in a position above classified except all other, shall receive the wage above prescribed for the said work.

 

(ii)

 

(a)        Junior Employees - The minimum rates of pay of junior employees shall be ascertained by calculating the following percentages of the rate of pay for an employee - "other employees" from time to time effective prescribed by subclause (i), Adult Employees, of this clause, calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding 2½ cents to be disregarded.

 

NOTE:  Junior wafer-oven attendant under 18 years of age shall be paid the rate prescribed by this subclause for a junior of 18 years of age.  A junior employed as Roller, or a Driver or Assistant Brakesperson shall be paid not less than the rate prescribed by this subclause for a junior of 20 years of age.  Leave is reserved to the parties to apply, at any time, in respect of this subclause.

 

(b)        A junior 18 years of age or over employed as a general hand shall be paid the appropriate percentage for his age of the rate prescribed in paragraph (a) of subclause (i) for a general hand.

 

(iii)       Casual Employees - Casual employees shall be paid not less than one-fortieth per hour of the appropriate rate for the class of work upon which they are engaged and, in addition, a loading of 15 per cent.

 

(NOTATION:  The New South Wales Annual Holidays Act provides that casual employees under this award are entitled to receive an additional amount equal to one-twelfth of their ordinary time earnings in lieu of annual leave).

 

(iv)       Arbitrated Safety Net Adjustments

 

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

 

(i)         any equivalent overaward payments, and/or

 

(ii)        award wage increase since 29 May 1991, other than Safety Net, State Wage Case, and Minimum Rates Adjustments.

 

18.  Transfers

 

Transfer - An employee transferred to another class of work shall, whilst so transferred, be paid not less than a minimum rate prescribed for such class of work or not less than the rate which he/she was receiving immediately prior to such transfer, whichever is the higher rate.  Provided that where an employee is transferred to another class of work for four hours or more in any one day he/she shall be paid for that day not less than the minimum rate prescribed for such class of work or not less than the rate which he/she was receiving immediately prior to such transfer, whichever is the higher rate.

 

19.  Shift Work

 

(i)         ROSTER:  Shift rosters shall specify the commencing and finishing times of ordinary hours of work of the respective shifts.  The time of commencing and finishing shifts once having been determined may be varied by agreement to suit the circumstances and needs of the plant or establishment or, in the absence of agreement, by seven days’ notice of alteration given by the employer to the employee.

 

(ii)        ROTATION:  Shifts may be rotated.  Different methods of rotation may apply in respect of particular groups or sections of employees in a plant or establishment.  Where shifts rotate, the rotation may be weekly, fortnightly or four-weekly or such other interval as may be agreed from time to time.

 

(iii)       An employee employed on a shift which is rostered to finish after 6.00 p.m. but at or before midnight, shall be paid an afternoon shift allowance of 15% of the ordinary hourly rate for the employee's classification for each hour worked.

 

(iv)       An employee employed on a permanent shift which is rostered to finish after midnight but at or before 7.00 a.m., shall be paid a night shift allowance of 30% of the ordinary hourly rate for the employee's classification for each hour worked.

 

(v)        Not less than one person who is qualified to render first-aid as prescribed by the St. John Ambulance Association shall be on duty and shall be available to give any necessary treatment while employees are on shift work.

 

Any change of hours of work organisation arising from these variations will be such that no current employee shall:

 

-           suffer a reduction of current earnings for ordinary hours; and

 

-           not receive the first instalment pay increase arising under the structural efficiency principle.

 

Consultation Process - Implementation of any variation in hours from current hours shall be processed through a consultative process:

 

-           at each site and before commencing consultation the union and employer shall jointly communicate the award changes;

 

-           at each site and work group, discussions shall be held between employees and employers to discuss the nature and type of appropriate work arrangements;

 

-           these discussions should be subject to consideration and involvement at relevant stages by union officials, specifically:

 

*           before discussions commence; and

 

*           before implementation.

 

-           such discussions shall not result in implementation of new changes to hours in a period of less than four weeks from 2 November 1989 to allow for further consultations;

 

-           in the event that agreement is not reached at any site or work group then this should be subject to referral to the Industrial Relations Commission of New South Wales;

 

-           any changes in hours, etc., shall be subject to review by a consultative process as outlined in the above after six months’ operation.

 

20.  Overtime

 

(i)         For all employees, all time worked in excess of or outside ordinary hours of work shall be overtime.

 

(ii)        Overtime shall be paid at the rate of time and a half of the ordinary hourly rate for the first two hours of any day, and at the rate of double time thereafter.

 

(iii)       Sunday overtime - All overtime worked on a Sunday shall be paid at double the ordinary hourly rate.

 

(iv)       Holiday overtime - All overtime worked on a holiday shall be paid at the rate of double time and a half of the ordinary rate.

 

(v)        Where an employee works overtime on any day and such overtime does not immediately precede or follow ordinary hours of work, an employee shall be paid for a minimum four hours overtime at the appropriate rate.

 

(vi)       Tea Money - An employee required to work overtime for two hours or more after the usual finishing time on any day, unless twenty-four hours’ notice has been given, shall be allowed the allowance as set in Item 3 of Table 2 - Other Rates and Allowances, of Appendix A.

 

Where an employee is given twenty-four hours’ notice of the need to work overtime for more than two hours on the next working day and the overtime is not cancelled on the day of notification and the employee attends and is then not required to work overtime, he shall be paid the tea money allowance.

 

21.  Employees on Probation

 

Employment of employees, other than casual employees, on probation for the first two weeks of service shall be from day to day at the appropriate weekly wage and shall be terminable at a day's notice.

 

22.  Covering for Workers in Certain Departments

 

Such coverings shall consist of rubber or leather boots and waterproof aprons for employees working at washing tins or at tubs, in the syrup room and in tin washing, overalls for employees in the mixing room, overalls for employees unloading coal and for oven servicemen and oilskins and gloves for line hands.

 

23.  Laundry Allowance

 

Where an employer requires an employee to wear overalls or uniforms of any description such uniforms shall be supplied by the employer.

 

Where the employee is required to wear and launder his or her uniforms the employer will pay a laundry allowance as set in Item 4 of Table 2 - Other Rates and Allowances, of Appendix A.  This provision shall not prohibit the employer from laundering such clothing in lieu of payment.

 

24.  Rest and/Or Casualty Room

 

Employers shall provide separate rest and/or casualty rooms for male and female employees properly furnished and fully equipped in accordance with the Occupational Health and Safety Regulation 2001.

 

25.  Accommodation, Locker, Washing Facilities

 

See the Occupational Health and Safety Regulation 2001.

 

26.  Area Incidence and Duration

 

(a)        This award shall apply to all persons engaged or employed within the jurisdiction of Clause 1 of the Biscuit, Cake Makers and Pastry Cooks &c. (State) Industrial Committee.

 

 

 

(b)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Biscuit and Cake Makers (State) Award published 15 February 2002 (331 I.G. 254) and all variations thereof.

 

(c)        This Award was reviewed on 5 February 2008 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). The changes take effect on and from 5 February 2008.

 

 

 

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

 

BISCUIT, CAKE MAKERS AND PASTRY COOKS & CO. (STATE)

 

INDUSTRIAL COMMITTEE

 

INDUSTRIES AND CALLINGS

 

1.          Employees in biscuit and cake factories in the State.

 

2.          Pastry Cooks and assistants, all persons employed in making muffins, crumpets, hot plate goods and hamburger buns, pastry packers, carters, grooms, stablemen, yardmen and motor wagon drivers employed in connection therewith in the State, excluding the County of Yancowinna;

 

excepting -

 

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

 

Carters, grooms, stablemen, yardmen, and drivers of motor and other power-propelled vehicles;

 

Tinsmiths, and sheet iron workers.

 

All persons employed by the Sydney County Council;

 

Employees of the Australian Gas Light Company;

 

Employees of the North Shore Gas Company Limited.

 

APPENDIX A

 

WAGE RATES AND ALLOWANCES

 

Table 1 - Minimum Award Wage Rates

 

 

 

Table 2 - Other Rates And Allowances

 

Item No.	Clause No.	Brief Description	Amount per week
			$
1	17 (i)(b)	Leading Hands -
		In charge of up to 10 employees	19.15
		In charge of more than 10 employees and not more
		than 20 employees	32.00
		In charge of more than 20 employees	41.20
2	17 (i)(c)	Line Hands	7.07
3	20 (vi)	Tea Money	10.45
4	23	Laundry Allowance	8.50

 

NOTE:  INDEXATION - OVERAWARD PAYMENTS

 

On 15 February 1979, in Matter No. 504 of 1978, Mr Commissioner Cansdell made the following recommendation, the recommended commencing date of which being the beginning of the first pay period to commence on or after 15 February 1979:

 

It is recommended that, in accordance with the Australian Conciliation and Arbitration Commission's decision dated 14 September 1978, in the Wage Fixation Principles Case, in circumstances where the wage rates prescribed by clause 2, Wages, of the appendix are increased by order of the Industrial Commission of New South Wales to reflect movements in the Consumer Price Index as the result of the State Wage/Wage Indexation Cases, employers party to the award should apply the Indexation increase to an employee's actual rate of pay as defined hereunder unless the Commission in its State Wage decision indicates an attitude that overaward payments should not be so adjusted.

 

"Actual rate of pay" is defined as the total amount an employee would normally receive for performing 40 hours of ordinary work.  Provided that such rate shall expressly exclude overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, and any other ancillary payments of a like nature.  Provided further that this definition shall not include production bonuses and other methods of payment by results which by virtue to their basis of calculation already produce the result intended by this clause.

 

Schedule A

 

Awards and Variations Incorporated

 

Clause	Award/Variation	Date of	Date of taking	Industrial
	Serial No.	Publication	Effect	Gazette
				Vol.	Page
Biscuit & Cake	B6533	30 April 1999	First Pay Period From:	309	157
Makers (State)			27 April 1998
Award
Clause 17, Table 1,	B6594	23 April 1999	First Pay Period From:	309	78
Table 2			26 October 1998
Clause 15A	B7785	18 February 2000	First Pay Period From:	313	670
			3 June 1999
Clause 17, Table 1,	B8594	20 April 2000	First Pay Period From:	315	69
Table 2			26 October 1999
Clause 7 (iii)	B9036	28 April 2000	First Pay Period From:	315	440
			10 December 1998

 

 

 

E. A. R. BISHOP, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.