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New South Wales Industrial Relations Commission
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Breweries, Maintenance Employees (State) Award
  
Date07/11/2008
Volume366
Part1
Page No.51
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6603
CategoryAward
Award Code 086  
Date Posted07/10/2008

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(086)

(086)

SERIAL C6603

 

Breweries, Maintenance Employees (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1616 of 2007)

 

Before Commissioner Connor

28 February 2008

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Anti-Discrimination

3.        Wages (deleted)

4.        Definitions

5.        Redundancy

6.        Tool Allowance

7.        Leading Hands

8.        Special Rates

9.        Service Increments

10.      Hours

11.      Deleted

12.      Overtime

13.      Saturday Work

14.      Sunday and Holiday Work

15.      Public Holidays

16.      Sick Leave

17.      State Personal Carer's Leave

17A.   Parental Leave

18.      Annual Leave

19.      Long Service Leave

20.      Mixed Functions

21.      Terms of Employment

22       Bereavement Leave

23.      Compassionate Leave

24.      Repatriation Leave

25.      Paid Leave for Blood Donors

26.      Jury Service

27.      Industrial Matters

28.      Union Meetings

29.      Trade Union Training

30.      Health and Safety

30A.   Secure Employment (OH&S)

31.      Settlement of Disputes Procedure

32.      Union Delegates

33.      Structural Efficiency

34.      Training

35.      Leave Reserved

36       Enterprise Arrangements

36A.   Traineeships

37.      Area, Incidence and Duration

 

APPENDIX A

 

Mechanical Tradesperson Special Class

Guidelines

 

SCHEDULE A

 

Wage Rates, Allowances and Special Rates

 

2.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

(i)       any conduct or act which is specifically exempted from anti-discrimination legislation.

 

(ii)      offering or providing junior rates of pay to persons under 21 years of age.

 

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

 

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

 

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

 

NOTES

 

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

 

(ii)       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".

 

3.  Wages (deleted)

 

4.  Definitions

 

Electrician Grade 1 means a person who has satisfactorily completed an electrical trades apprenticeship and the Electrical Trades Course (Course No.9080) conducted by the Department of Technical and Further Education of New South Wales or a recognised equivalent course and who has obtained an "A" grade electrical mechanic's licence in accordance with the Electricity Development (Registration and Licensing) Regulation 1984. The classification title "electrical fitter mechanic" shall have an equivalent meaning.

 

Electrician Grade 2 means an Electrician Grade 1 (as defined) who has had not less than one year of experience as such and who has satisfactorily completed the first year of the Electronics Industrial Course (Course No. 9366) conducted by the Department of Technical and Further Education of New South Wales or who has satisfactorily completed a recognised equivalent course, and who in the performance of the work, is required to exercise a higher skill than that required of an Electrician Grade 1 (as defined).

 

Electrician Grade 3 means an Electrician Grade 2 (as defined) who has had not less than one year of experience as such and who has satisfactorily completed the Electronics Industrial Course (Course No. 9366) conducted by the Department of Technical and Further Education of New South Wales and who has been awarded the Industrial Electronics Certificate by that Department, or who has satisfactorily completed a recognised equivalent course and who, in the performance of the work, is required to exercise a higher skill than that required of an Electrician Grade 2 (as defined), including work as directed on breweries' complex and/or intricate electronic circuits, their components and controls.

 

Electrician Grade 4 means an Electrician Grade 3 (as defined) who has had not less than one year of experience as such and who in addition to possessing the prescribed qualifications for an Electrician Grade 3 has satisfactorily completed the first year of the Instruments Industrial Course (Course No. 9199) conducted by the Department of Technical and Further Education of New South Wales and who is studying for the final year of the course and who is required to do all work performed by an Electrician Grade 3 and an Instrument Tradesman Grade 2.

 

Instrument Repairer means an Electrical Tradesman who is mainly engaged on testing and/or repairing and maintaining electrical and/or pneumatic, controlling, measuring and/or recording appliances and/or scientific electrical instruments.

 

Instrument Tradesman Grade 1 means an Electrical Tradesman who is required to test and/or repair and maintain electrical and/or pneumatic controlling, measuring and/or recording appliances and/or scientific electrical instruments and who either:

 

(a)      has satisfactorily completed an apprenticeship as an instrument tradesman and the Instrument Trade Course (Course No. 1043) conducted by the Department of Technical and Further Education of New South Wales or an equivalent course, or

 

(b)      has satisfactorily completed an appropriate apprenticeship and trade course and the Instruments Industrial Course (Course No. 9199) conducted by the Department of Technical and Further Education of New South Wales or a recognised equivalent course.

 

Instrument Tradesman Grade 2 means an Instrument Tradesman Grade 1 (as defined) who has had not less than one year of experience as such and who has satisfactorily completed either the first year of the Electronics Industrial Course (Course No. 9366) conducted by the Department of Technical and Further Education of New South Wales, or has satisfactorily completed a recognised equivalent course and who, in the performance of the work, is required to exercise a higher skill than that required of an Instrument Tradesman Grade 1 (as defined).

 

Instrument Tradesman Grade 3 means an Instrument Tradesman Grade 2 (as defined) who has had not less than one year of experience as such and who has satisfactorily completed the Electronics Industrial Course (Course No. 9366) conducted by the Department of Technical and Further Education of New South Wales and who has been awarded the Electronics Industrial Certificate by that Department, or who has satisfactorily completed a recognised equivalent course and who, in the performance of the work, is required to exercise a higher skill than that required of an Instrument Tradesman Grade 2 (as defined), including work on breweries' complex and/or intricate instrumentation, their components and controls.

 

Industrial Systems Tradesman means either:

 

(a)      an Electrician Grade 4 (as defined) who has had not less than one year of experience as such and who, in addition to possessing the prescribed qualifications for an Electrician Grade 4, has satisfactorily completed the Instruments Industrial Course (Course No. 9199) conducted by the Department of Technical and Further Education of New South Wales and who is required to do all work performed by an Electrician Grade 4 and an Instrument Tradesman Grade 2; or

 

(b)      an Instrument Tradesman Grade 3 (as defined) who has had not less than one year of experience as such and who, in addition to possessing the prescribed qualifications for Instrument Tradesman Grade 3, has satisfactorily completed the following subject course of additional elective units of the Electronics Post Trade Course (Course No. 3731) conducted by the Department of Technical and Further Education of New South Wales:

 

Programmable Logic Control (Unit No. 441)

 

Power Controls (Unit No. 9202)

 

and who has obtained an "A" Grade Electrical Mechanic's Licence in accordance with the Electricity Development (Registration and Licensing) Regulation, 1984, and who is required to do all work performed by an Electrician Grade 3 and an Instrument Tradesman Grade 3.

 

5.  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 years 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 maybe 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 employers 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 subclause.

 

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

 

(iii)      Redundancy -

 

(a)      Discussions before terminations:

 

(1)      Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by any one pursuant to subparagraph (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 paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(3)      For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed 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 that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iv)      Termination of Employment -

 

(a)      Notice for Changes in Production, Programme, Organisation or Structure - This 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 maybe terminated by part of the period of notice specified and part payment in lieu there of.

 

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

 

(c)      Time off during the notice period -

 

(1)      During the period of notice of termination given by the employer, an employee shall be allowed up to one days 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 been entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

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

 

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

 

(g)      Centrelink - 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.

 

(h)      Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause 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 employers option, make payment in lieu thereof an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

 

(v)      Severance Pay

 

(a)      Where the employment of 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:

 

Years of Service

Under 45 Years of Age Entitlement

 

 

Less than 1 year.

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over.

16 weeks

 

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

 

Years of Service

45 Years of Age and over entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(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)      In capacity 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 Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (a) 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 accept able alternative employment for an employee.

 

(vi)      Savings Clause - Nothing in this award shall be construed so as to require there duction 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.

 

6.  Tool Allowance

 

(i)       A tool allowance, see Item 1, Table 3 of Schedule A, shall be paid to trades persons and apprentices for tools not customarily provided by the employer but which are ordinarily required by them for the performance of their duties and are supplied by the employees, provided that the allowance is only paid whilst the employee maintains a specified list of tools.

 

(ii)       An employee receiving a tool allowance as prescribed in this award shall be indemnified by an insurance policy to a maximum of $872.50 for the loss of tools by fire or theft whilst securely stored at the employer's direction in a room or building or work shop in the employer's premises. Provided that each employee shall give to the employer a list of the tools they possess.

 

7.  Leading Hands

 

A leading hand shall be paid the allowance set out in Item 2 Table 3 of Schedule A of this award.

 

8.  Special Rates

 

In addition to the wages prescribed in clauses 3, Wages, and 7, Leading Hands, the special rates and allowances as set out in Table 3 of Schedule A of this award shall be paid.

 

9.  Service Increments

 

In addition to the rates prescribed in clauses 3, Wages, 6, Tool Allowance, 7, Leading Hands, and 8, Special Rates, an employee shall receive an amount each week in respect of their service with the employer a provided below.  This service allowance does not form part of the rate of pay for "all purposes" (e.g., overtime) but shall be paid for all authorised absences (annual leave including payment on the annual leave loading, long service leave, etc).

 

 

Service allowance per week

 

$

 

 

After 1st year of service

15.25

After 2nd year of service

17.30

After 3rd year of service

20.20

After 4th year of service

22.60

After 5th year of service and thereafter

24.95

 

10.  Hours

 

(i)       Day Workers -The ordinary working hours shall bean average of thirty-five per week to be worked on nine days per fortnight excluding Saturdays and Sundays, according to an agreed roster prepared by the employer.

 

The ordinary hours to be worked on any day shall not exceed eight hours to be worked between 6.00 a.m. and 6.00 p.m. and shall be exclusive of a lunch break of not less than 30 minutes and not more than 45 minutes. The starting and ceasing times within the spread of hours set out herein will not be altered by management without allowing complete and adequate discussions to take place between the individuals concerned and management.

 

There shall be a fixed time of starting and ceasing work for each employee which shall not be altered without 7 days' notice. The said notice need not be given in the case of an emergency not under the control of the employer and in such case an employee may be called upon to work relieving temporarily on rostered shift work. The first shift shall be paid for at double rates but all subsequent shifts shall be paid for at shift work rates and such employee shall be deemed to be a shift worker.

 

Employees shall not be required to take a lunch break within four hours of their ordinary starting time or work longer than five hours from their ordinary starting time without a lunch break. Provided that in any instance where it is not possible to grant the lunch break within five hours of the ordinary starting time. All time after the said five hours shall be treated as time worked and paid for at time and one-half, i.e. half time extra until released for a meal interval of not less than 30 minutes and not more than 45 minutes.

 

(ii)       Shift Workers -

 

(a)      Shift workers shall mean 2 or 3 sets of employees working 16 or 24 hours respectively be shifts of not more than 8 hours duration in sequence or in respect of Tooheys Limited, Auburn Plant, one set of employees working 8 hours and who shall work their shift straight out, including crib time of 20 minutes during each shift.

 

(b)      The ordinary working hours of employees on shift shall not exceed an average of 35 per week to be worked according to an agreed shift roster prepared by the employer. The average of thirty-five hours per week may be obtained by rostering shifts on an agreed cycle.

 

Such rosters shall not be changed until after 4 weeks' notice of such alteration being given to the employees concerned by posting the same in the place where rosters are customarily displayed. A shift worker's place on a roster shall not be altered without seven days' notice, provided in the case of an emergency not under the control of the employer, employees on shift maybe transferred from on roster to another and in such case they shall be paid double rates for the first shift of the shifts that are to be worked in their new roster.  For work done by employees on shift outside the hours of their shift, double time shall be paid. But this shall not apply to arrangements between or at their quest of the employees themselves.

 

(iv)      Office Cleaners - The ordinary working hours, exclusive of a meal break, shall be 35 per week to be worked between the hours of 6.30 a.m. and 2.12 p.m., Monday to Friday inclusive. A meal break of 30 minutes shall be allowed each day but an employee shall not be required to work for more than four hours without a meal break.

 

11.  Deleted

 

12.  Overtime

 

(i)       For all time worked by day workers on weekdays outside the hours prescribed in clause 10, Hours, of this award, overtime shall be paid at the rate of time and one-half for the first two hours and double time thereafter until the completion of the overtime work.

 

(ii)       For the work done by shift workers outside the ordinary hours of their shift, double time shall be paid. This shall not apply to arrangements between or at the request of employees themselves.

 

(iii)      In computing overtime each day's work shall stand alone, except in the case of the above subclause or a rest period after overtime as provided for in this clause.

 

(iv)      A day worker, working overtime for more than 1 1/2hours after working ordinary hours shall be allowed a meal break of 20 minutes before starting over timework.  The meal break shall be paid at ordinary rates and a further crib time of 20 minutes shall be allowed, without deduction of pay after each 4 hours of overtime worked provided the employee continues work after such crib time.

 

(v)      An employee required to work overtime for 2 hours or more prior to a normal starting time, or 2 hours or more at the end of a day or shift shall be paid a meal allowance as set out in Item 3 of Table 3 of Schedule A, of $5.00 for each meal. Provided that, where an employee on day work starts work at 6.00 a.m. and is required to work beyond 6.00 p.m., they shall be paid an additional amount as set out in Item 3 of Table 3 of Schedule A as a meal allowance.

 

(vi)      Employees recalled after having left their place of work to work overtime shall be paid minimum of 4 hours' work at the appropriate rate.

 

(vii)     Employees occasionally required to hold themselves in readiness to work after ordinary hours on a Saturday which is not an ordinary working day or on a Sunday or holiday shall be paid "standing by" time at their ordinary rate of wage for the time for which they are told to hold themselves in readiness until released.

 

(viii)    When employees working overtime finishes work at a time when reasonable means of transport are not available, the employer shall provide them with a conveyance to their home or pay them at their ordinary wage rate for time occupied in reaching their home.

 

(ix)      An employer shall not require an employee to work a double shift except in exceptional circumstances.

 

(x)      Employees who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least the prescribed number of hours off duty between those times, shall be released after completion of such overtime until they have had the prescribed number of hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had the prescribed number of hours off duty they shall be paid at double rates until they are released from duty for such period and they then shall been titled to be absent until they have had the prescribed number of hours off duty without loss of pay for ordinary working time occurring during such absence.

 

The prescribed number of hours shall be 10 except:

 

(a)      Where an 8-hour rostered shift worker is not relieved at the end of their rostered shift and works to cover a single shift absence on the initial shift of a longer absence which occurs because of the absence at short notice of the relieving employee; or,

 

(b)      for the purpose of regulating the change of shifts; or,

 

(c)      in respect of arrangements made between employees themselves. Under these circumstances the prescribed number of hours shall be 8; or,

 

(d)      In the case of Tooheys employees the "prescribed number of hours" for the initial break shall be eight and the immediate following break in continuous sequence shall not be less than 10. The break applies to each individual not the actual job and is applicable to any absence, replacement, call in or overtime situation. Notwithstanding this provision for the purposes of regulating the change of shifts, in respect of arrangements made between employees themselves or between the employee and by mutual agreement with their supervisor the "prescribed number of hours" under these specific circumstances shall be 8.

 

13.  Saturday Work

 

(i)       Shift workers shall be paid for work performed between midnight Friday and midnight Saturday at the rate of time and one-half, unless they are working overtime between such hours, in which case their payment shall be as prescribed by clause 12, Overtime, of this award.

 

(ii)       A day worker who is required to work on a Saturday shall be paid for a minimum of four hours at the appropriate rate.

 

14.  Sunday and Holiday Work

 

(i)       All time worked by an employee on a Sunday shall be paid at the rate of double time, which shall be in lieu of any rate otherwise payable under this award. Minimum payment to be four (4) hours.

 

(ii)       All time worked by an employee on a public holiday provided for by this award shall be paid for at double time and one-half. Minimum payment to be four (4) hours.

 

15.  Public Holidays

 

(i)       For the purpose of this award, the days on which the under mentioned days are ordinarily observed shall be public holidays-New Year's Day; Australia Day; Good Friday; Easter Monday; Anzac Day: Queen's Birthday; Eight-Hour Day; Christmas Day, Boxing Day; the Federated Liquor and Allied Industries Employees' Union of Australia, New South Wales Branch picnic day (which shall beheld on the third Monday in February), and all other gazetted holidays observed throughout the State.

 

(ii)       Employees shall not be called upon to work on a public holiday unless they have received twenty-four (24) hours' notice of duty.

 

(iii)      Provided that in the event of any of the said public holidays falling on a Sunday and another day in the following week being observed in lieu thereof throughout the State, then the latter shall be the day to be observed under this award.

 

(iv)      No deduction shall be made from the wage of any employees engaged by the week because of absence from work on a public holiday, unless without permission or reasonable excuse they stay away on the day next preceding or next succeeding such holiday.

 

(v)      Payment for a public holiday shall be made to an employee absent through illness and for whom no payment is due in the pay week in which the holiday falls, provided the absence does not exceed four (4) weeks prior to the holiday.

 

(vi)      Where a public holiday falls on a Saturday, payment shall be made to seven-day shift workers rostered off.  The payment referred to shall be 7.78 ordinary hours.

 

(vii)     Where a public holiday falls on a rostered day off of a day worker or shift worker who works their ordinary hours on Monday to Friday shall be paid an extra day's pay (7.78 hours).

 

16.  Sick Leave

 

(i)       Employees who are absent from their work because of personal illness or injury shall be entitled to paid leave of absence, subject to the following conditions and limitations:

 

(a)      They shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(b)      The employee shall, as soon as reasonably practicable and at least one and one-half hours prior to the commencement of the absence inform the employer of their inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

If it is not reasonably practicable to inform the employer at least one and one-half hours prior to the commencement of such absence the employee shall inform the employer within 24 hours of such absence.

 

(c)      They shall prove to the satisfaction of their employer that they were unable to attend for duty on the day or days for which sick leave is claimed because of illness.

 

For each year of any period of service with an employer, employees shall be entitled to paid sick leave of seventy hours of working time. Provided that during the first six months of the first year of any period of service with an employer they shall be entitled to sick leave which shall accrue on a pro rata basis of five hours fifty minutes of working time for each month of service completed with that employer.

 

(ii)       Single Day Absences -Employees who claim paid sick leave in accordance with this clause for and absence of one day only, and who have already been allowed paid sick leave on more than one occasion for one day only during that year, shall not be entitled to payment for the day claimed unless they produce to the employer a certificate of a duly qualified medical practitioner that in their, the medical practitioner's opinion, the employee was unable to attend for duty because of personal illness or injury. However, an employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty because of personal illness or injury, in lieu of a certificate of a duly qualified medical practitioner as prescribed by this subclause. Nothing in this subclause shall limit the employer's right under paragraph (c) of subclause (i) of this clause.

 

(iii)      Cumulative Sick Leave-Paid sick leave shall accumulate indefinitely.

 

(iv)      Year of Service -Year of service for the purpose of this clause means the period between the date of commencement of employment in any year and the anniversary of the commencement of employment in the next year.

 

(v)      Extended sick leave - Notwithstanding the foregoing, an employee with no less than two years of service may apply for extended sick leave (which shall not exceed 12 weeks in any one year of service) which may be granted at the discretion of senior officers of the Industrial Relations Department of each company subject to conditions applicable at each company. The granting of extended sick leave shall not be unreasonably withheld.  In the event of any dispute arising as a result of the company decision, the matter shall be referred to the Chairperson of the Breweries, &c. (State) Industrial Committee for final determination.

 

(vi)      Sick Leave Redemption-

 

(a)      An employee whose employment is terminated for any reason (other than for serious and wilful misconduct) and who has a minimum of 140 sick hours credit, will be paid the value of 140 hours sick leave upon termination.

 

(b)      Upon the death of an employee whilst in the employ of a company being a respondent to this award, the amount of untaken sick leave accumulated by the employee pursuant to subclauses (i) and (ii) of this clause shall be redeemed by payment into that employee's estate at the ordinary rate of pay.

 

17.  State 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 17(1)(c)(ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 16, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency.  Such leave may be taken for part of a single day.

 

(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 annex 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, wherefor 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 31, Settlement of 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 17(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

(3)      Annual Leave

 

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

 

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

 

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

 

(d)      An employee may elect with the 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-uptime", 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-uptime" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)      Rostered Days Off

 

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

 

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

 

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

 

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

 

(7)      Personal Carers Entitlement for casual employees -

 

(1)      Subject to the evidentiary and notice requirements in 17(1)(b) and 17(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 17(1)(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

17A.  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).

 

18.  Annual Leave

 

(a)      The period of annual leave shall be four weeks inclusive of rostered days off.

 

For annual leave provisions, see Annual Holidays Act 1944, provided employees when proceeding on their four weeks' paid annual leave or five weeks in the case of a seven-day shift worker, shall be paid for the first two weeks of such leave at double their average ordinary hours rate of pay. This additional two weeks' pay is only payable where employees are taking their full period of annual leave and is not payable in respect of pro rata annual leave payment made at the time of termination of employment.

 

(b)      The period of annual leave is to be taken in one consecutive period or, if the employee and the employer agree, in two separate periods in which case the first week of the leave shall be paid at double rate.

 

(c)      Seven-day shift workers (i.e. employees whose ordinary working period includes Sundays and holidays on which they are regularly rostered for work), shall be allowed additional leave as specified below:

 

If during the year of their service, an employee has served continuously as a seven-day shift worker, the additional leave with respect to that year shall be one week inclusive of the rostered day off to be paid at their average ordinary hours rate of pay. If during the year of their service, they have served for only portion of it as a seven-day shift worker, the additional leave shall be calculated on a pro rata basis, provided that if such calculation includes a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

(d)      Where the employment of an employee has been terminated and he thereby becomes entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday payment, a payment of two hours fifty-five minutes at his ordinary wage rate shall be made with respect to each four weeks as a seven-day shift worker which they have rendered during such period of employment.

 

(e)      Annual leave shall be taken at a time mutually agreed between the employee and the employer: Provided that where an employee takes annual leave in accordance with a roster drawn up by the employer, he shall receive six months' notice of commencement of rostered leave.  Provided further, that suitable alternative arrangements will apply in emergency situations.

 

19.  Long Service Leave

 

Long service leave shall be established in a trust deed of settlement providing long service leave conditions for persons employed under this award.

 

20.  Mixed Functions

 

Employees engaged for more than two hours during any day or shift on duties carrying a higher rate than their ordinary classification, shall be paid the higher rate for such day or shift. If so engaged for less than two hours during any day or shift, they shall be paid the higher rate for the time so worked.

 

21.  Terms of Employment

 

(i)

 

(a)      Employment under this award shall be by the week, but employees not attending for duty shall, except as provided elsewhere in this award, lose their pay for the actual time of such non-attendance.

 

Employment shall be terminated by a week's notice on either side to be given at any time during the week, or by the payment or forfeiture of a week's wages as the case maybe. This shall not affect the right of the employer to dismiss an employee without notice for inefficiency, misconduct or neglect of duty and in such cases wages shall be paid up to the time of dismissal only, or the right to deduct payment for any day or part of a day the employee cannot be usefully employed because of any strike or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

 

Where termination of employment is contemplated by the employer the status quo provision of Clause 31, Settlement of Disputes Procedure, shall be applied by placing the employee on paid suspension from attendance at the workplace for a period not exceeding three days to allow negotiations to take place except in cases where the employee is apprehended in the commission of, or admits to, an act of gross and wilful misconduct.

 

(b)      If employees are absent from work for a continuous period exceeding 3 working days without the consent of the employer and without notification to the employer, they shall be deemed to have abandoned their employment.

 

Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence for which consent was granted, or the date of the last absence of which notification was given to the employer, whichever is the later.

 

(ii)       An employee shall perform such work as shall from time to time be required on the usual days and within the prescribed hours.

 

(iii)      For the purpose of meeting the needs of the employer in the industry, the employer may require any employee to work reasonable overtime including work on Saturdays. Sundays and public holidays at the rate prescribed by this award and unless reasonable excuse exists the employee shall work in accordance with those requirements.

 

(iv)      An employee may be required by the employer to work on day work or shift work in accordance with the terms of this award and the lawful instructions of the employer.

 

(v)      An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of the award.

 

(vi)      An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been trained in the use of such tools and equipment.

 

(vii)     Any direction issued by an employer pursuant to subclauses (v) and (vi) of this clause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

22.  Bereavement Leave

 

(i)       An employee, other than a casual employee, shall be entitled to a maximum of three days bereavement leave without deduction of pay, on each occasion of the death of a person 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 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 clause17, State Personal Carers Leave provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(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 betaken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause17.  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 22(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 17(1)(c)(ii) of clause 17, State 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.

 

23.  Compassionate Leave

 

An employee may apply for and maybe granted compassionate leave up to a maximum of three days in any year of service to cover personal or domestic problems.  Such leave shall be recommended by the employee's supervisor and may be granted at the discretion of the senior officer of the Industrial Relations Department of each company who will require proof of circumstances leading to the claim for leave. Provided that an employee may elect to apply for leave under this clause direct to that senior officer.

 

24.  Repatriation Leave

 

Employees, being ex-service personnel, shall be allowed as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment:

 

Provided that-

 

(i)       lost time does not exceed four hours on each occasion;

 

(ii)       payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Repatriation Department as a result of each visit;

 

(iii)      the provisions of this subclause apply to a maximum of six attendances in any year of service with an employer:

 

(iv)      the employee produces evidence satisfactory to the employer that he is required to and subsequently does attend a repatriation centre.

 

25.  Paid Leave for Blood Donors

 

(i)       Employees who are absent during ordinary working hours for the purpose of donating blood shall not suffer any deduction of pay up to a maximum of two hours on each occasion, and subject to a maximum of three separate absences each calendar year. Provided that the employees shall arrange as far as practicable for their absence to be as close as possible to the end of their ordinary working hours.

 

(ii)       Provided further, the employee shall notify his employer as soon as possible of the time and date upon which he is requesting to be absent for the purpose of donating blood.

 

(iii)      Proof of the attendance of the employee at a recognised place for the purpose of donating blood, and the duration of the attendance shall be furnished to the satisfaction of the employer.

 

26.  Jury Service

 

(i)       Employees required to attend for jury service during their ordinary working hours shall be reimbursed by the company an amount equal to the difference between the amount paid by the Sheriff's Office for their attendance for such jury service and the amount of wage they would have received for ordinary time they would have worked had they not been on jury service.

 

(ii)       Employees shall notify the company as soon as possible of the date upon which they are required to attend for jury service.  Further, the employees shall provide proof of their attendance, the duration of the attendance and the amount received from the Sheriff's Office for jury service.

 

27.  Industrial Matters

 

(i)       Union delegates who are required by their union to attend arbitration proceedings and award negotiations shall be entitled to payment for ordinary time lost in so doing. Provided that the union shall notify the company in advance when a union delegate is so required.

 

(ii)       Each authorised union delegate shall be entitled to be paid at ordinary rates for attending a meeting called by the union for the purpose of compiling the award log of claims and electing a negotiating committee. Payment shall be limited to four hours in any year (including time spent in travelling) and delegates shall produce proof that they attended the meeting.

 

Employees who are members of the negotiating committee shall be entitled to be paid at ordinary rates for attending meetings called by the union for the purpose of considering the reply of the Brewer's Association of New South Wales to the log of claims. Payment shall be limited to four hours in any year and committee members shall produce proof that they attended the meeting.

 

28.  Union Meetings

 

Employees shall be entitled to be paid for two official stop work meetings in each calendar year, subject to the following:

 

(a)      The meeting shall be called by the Secretary of the union, or their nominee or the Labor Council of New South Wales who shall notify the companies forthwith.

 

(b)      The union and each company shall agree on the composition of "essential staff" who shall remain on duty during the meeting. The members of the "essential staff" shall be paid a penalty of half ordinary time extra for the duration of the stoppage, with a maximum of four hours at such rate.

 

(c)      A maximum of 4-hours time shall be allowed away from work for each meeting and shall provide for (a) travelling time to and from the venue, and (b) the duration of the meeting. Employees shall attend for duty for any part of the rostered shift occurring before and/or after the meeting.

 

(d)      Employees shall produce satisfactory proof that they attended the meeting.

 

(e)      The company shall allow members of the union to have paid plant meetings on a "needs" basis, provided that at least six meetings shall be allowed in each plant in each year. Each meeting shall be called by the Secretary of the union who shall notify the company.

 

(f)       Paid delegates' meetings shall be allowed at two monthly intervals.  Such meetings shall be of two hours duration to enable the delegates to confer with union officials on industrial matters and then to confer with the company.

 

29.  Trade Union Training

 

(a)      An employee may apply for paid study leave, which shall be granted at the discretion of the senior officer of the Industrial Relations Department of each company, subject to the following: (i) (a) Applications to attend T.U.T.A. courses shall be formally endorsed by a union official. An employee shall be entitled to payment up to a maximum of three days in any one year while attending such approved courses.

 

(b)      An employee may be granted permission, at the discretion of the employer, to draw upon his entitlement under paragraph (a) of this subclause for future years.

 

(c)      The granting of leave to attend trade union training courses shall not be unreasonably withheld. In the event of any dispute arising as a result of the company's decision, the matter shall be referred to the Chairman of the Breweries. &c. (State) Conciliation Committee for final determination.

 

30.  Health and Safety

 

Employees are required to wear the safety equipment provided by the employer, applicable to the task being performed and/or the area in which the task is being performed.

 

Employee s who have a need to wear prescription lens spectacles during the course of their employment shall be reimbursed by the employer the cost incurred in hardening the lenses.

 

30A.  Secure Employment (OH&S)

 

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

 

(a)      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.

 

(b)      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 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.

 

31.  Settlement of Disputes Procedure

 

(i)       Carlton & United Breweries (NSW) Pty. Limited

 

In an effort to promote the growth of good industrial relations between the union members and the Company, the following procedures will be adopted with a view to ensuring the effective resolution of industrial issues.

 

(a)      Employees who have a complaint shall discuss the matter with their immediate foreman.

 

(b)      If the employee is dissatisfied with the foreman's decision, they shall ask their union delegate to take the matter up with the foreman .If desired the employee can be present with the delegate.

 

(c)      If the employee is dissatisfied with the foreman's decision, the delegate shall ask that the foreman convene a conference with the foreman's supervisor of that department.  This conference is to be convened as promptly as circumstances permit.

 

(d)      If the employee is dissatisfied with the supervisor's decision, they shall ask that the supervisor convene a conference with the Manager - Industrial Relations.

 

(e)      If the employee is dissatisfied with a decision as provided in paragraph (d) of this subclause, they can request their delegate to advise their union secretary to this effect and request a union organiser to take the matter up with the officer mentioned in paragraph (d) either on the job or by telephone.

 

(f)       If the employee is dissatisfied with a decision as provided in paragraph (e) of this subclause, they can request the union organiser to confer with the senior officer of the Industrial Relations Department on the matter in dispute.

 

(g)      While these procedures are being followed work shall continue normally whilst the matter in dispute is dealt with as provided in paragraph (f) of this subclause and those procedures shall be carried out promptly.

 

(h)      The union and the company will ensure that the status quo is maintained during the period that conferences as nominated in paragraphs (b), (c), (d), (e) and (f) are taking place and no industrial action shall take place without a formal withdrawal from these proceedings by the union organiser.

 

(i)       If the matter cannot be resolved in the discussion provided for in (f), the matter may be referred by either party to the Industrial Commission of New South Wales.

 

(j)       Exception to this procedure shall be where the employees are involved in an industrial matter which forms part of a union or ACTU campaign or policy decision or where a safety issue is involved which may require the ultimate assistance of an outside authority.

 

Should a dispute arise within the industry which is outside the fore going matters, the union's officials shall confer with the management, at a time and place mutually acceptable on such dispute before any further action is taken.

 

(ii)       Tooheys Limited -

 

In an effort to promote good industrial relations between union members and the Company and to achieve the satisfactory resolution of industrial disputes without loss of wages or production, the following procedure will be adhered to by all parties:

 

(a)      An employee who has a grievance should ask their delegate to take the matter up with the immediate supervisor. If they so desire, they can be present with their delegate.

 

(b)      If the employee is dissatisfied with the supervisor's decision, they may ask that the matter be taken by the supervisor to the engineer in charge of the department and this is to be done as promptly as circumstances permit.

 

(c)      If the employee is dissatisfied with the engineer in charge of the department's decision, the employee may ask that the matter be taken by the delegate to the Engineering Manager and the Manager - Industrial Relations.

 

(d)      If the employee is dissatisfied with the decision as provided in (c) above, he/she can request that the delegate take the matter to the Assistant General Manager and the Manager Employee Relations, together with an official (or nominee) from the union.

 

(e)      If after such a conference, the decision is unsatisfactory, the matter shall be referred to the union secretary (or his nominee), who shall request a conference with the Chief Executive for his decision.

 

(f)       Whilst these procedures are being followed promptly and the status quo remains, work shall continue normally without bans or limitations.

 

(g)      If the final decision fails to resolve the issue, the matter shall be referred to the Industrial Commission of New South Wales.

 

(h)      Should a dispute arise within the industry which is outside the foregoing matters, the union's officials shall confer with the management at a time and a place mutually acceptable on such dispute before any action is taken.

 

32.  Union Delegates

 

Where the union appoints an employee as an on-the-job delegate, their name and the section or sections with which they are concerned shall be given to the employer in writing and the employer shall recognise the delegate as a union representative. A delegate's authority is restricted to the application of this award and working conditions.

 

33.  Structural Efficiency

 

(i)       The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the brewing industry and to enhance the career opportunities and job security of employees in the industry. Accordingly, employees within each classification will perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

 

(ii)       At each plant or enterprise, an employer and the employees and their relevant union or unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of subclause (i) here in shall be processed through that consultative mechanism and procedures.

 

(iii)      Any dispute arising in relation to the implementation of structural efficiency items shall be subject to Clause 31, Settlement of Disputes Procedure. Any matter left unresolved out of Structural Efficiency Negotiations may be referred to the Industrial Commission of New South Wales for determination.

 

34.  Training

 

(i)       Parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required.  Accordingly, the parties commit themselves to:

 

(a)      Developing a more highly skilled and flexible workforce.

 

(b)      Providing employees with career opportunities through appropriate training to acquire additional skills.

 

(c)      Removing barriers to the utilisation of skills acquired.

 

(ii)       Following proper consultation in accordance with subclause (ii) of Clause 33, Structural Efficiency, or through the establishment of a training committee, an employer shall develop a training program consistent with:

 

(a)      The current and future skill needs of the enterprise.

 

(b)      The size, structure and nature of the operations of the enterprise.

 

(c)      The need to develop vocational skills relevant to the enterprise and the brewing industry through courses conducted on the job and also by accredited educational institutions and providers.

 

(iii)      Where it is agreed a training committee be established, that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which provides for the:

 

(a)      Formulation of a training program and availability of training courses and career opportunities to employees.

 

(b)      Dissemination of information on the training program and availability of training courses and career opportunities to employees.

 

(c)      There commending or otherwise of individual employees for training and reclassification.

 

(d)      Monitoring and advising management and employees on the ongoing effectiveness of the training.

 

(iv)

 

(a)      Where, as a result of consultation in accordance with Clause 33, Structural Efficiency or through a training committee and with the employee concerned, it is agreed that additional training in accordance with the program developed pursuant to subclause (ii) herein should be under taken by an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay.  The employer shall not unreasonably withhold such paid training leave.

 

(b)      Any costs associated with standard fees for prescribed courses and prescribed text books incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis subject to the presentation of reports of satisfactory progress.

 

35.  Leave Reserved

 

Leave is reserved for the appropriate union(s) to seek skill margins (including multi-skilling roof work).

 

Leave is reserved for the unions to pursue their claims of the levelling up of non-trades classifications rates of pay.

 

Leave is reserved for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, to pursue its claim for a crane allowance to apply to all employees using cranes. (As per pedestrian forklift payment.)

 

36.  Enterprise Arrangements

 

(a)      As part of the Structural Efficiency exercise and as an ongoing process for the achievement of improvements in productivity and efficiency, discussions may take place at an enterprise to provide for:

 

more flexible working arrangements;

 

improvements in the quality of working life;

 

enhancement of skills, training and job satisfaction;

 

positive assistance in the restructuring process;

 

encouragement of consultation mechanisms across the workplace;

 

consideration of a single bargaining unit.

 

Union delegates at the place of work may be involved in such discussions.

 

(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 to the extent that they are contrary provided that:

 

(i)       a majority of employees affected genuinely agree;

 

(ii)      such arrangement 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 (d), 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, within14 days there of, notify the employer in writing of any objection to the proposed arrangements including the reasons for such objection.

 

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

 

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

 

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

 

(ii)

 

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

 

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.

 

(b)      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.

 

(iii)      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.

 

(iv)     Where an arrangement is objected to in accordance with subclause (c) and the objection is not resolved, an employer may make application to the Industrial Commission to vary the award to give effect to the arrangement.

 

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

 

(vi)     If no party objects to the arrangement, then a consent application shall be made to the Industrial Commission to have the arrangement approved and the award varied in the manner specified in paragraph (vii).

 

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

 

(vii)     Where an arrangement is approved by the Industrial Commission 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.

 

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

 

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

 

36A.  Traineeships

 

As to traineeships for persons covered by this award, see the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569) or any successor thereto.

 

37.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Breweries, Maintenance Employees (State) Award published 1 April 2005 (349 I.G. 819), as varied.

 

It shall apply to all classes of persons provided for herein within the jurisdiction of the Breweries (State) Industrial Committee.

 

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

 

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

 

Breweries, &c. (State) Industrial Committee

 

Industries and Callings

 

All persons employed in or in connection with breweries, brewery bottling plants, malt houses, wine, spirit, beer stout or other stores or depots operated in connection with breweries and motor lorry drivers, assistants, loaders, washers and greasers, employed by breweries in the State, excepting the County of Yancowinna;

 

Excepting employees within the jurisdiction of the following industrial committees:

 

Clerks (State); Draughtsmen and Tracers (State); Motor Car, &c., Drivers (State); Multigraph, &c., Operators (State); Production Planners, Technical Officers, &c. (State); Restaurant, &c., Employees, Factories, &c. (State); Scientific Officers, Chemists and Chemical Engineers, &c. (State); Carters, &c. (State); Sheet Metal Workers, &c. (State); Storemen and Packers, General (State); Trained Nurses, &c., Other Than in Hospitals, &c. (State); Carters, &c., Wood and Coal (State); Coachmakers, &c., Road (State); The Commercial and Industrial Artists (State); Commercial Travellers (State); Engineers, &c., Surveyors, &c. (State); Labourers, Railway and Road Construction, &c.(State); Salesmen, Outdoor (State) Architects. &c. (State).

 

Appendix A

 

MECHANICAL TRADESPERSON SPECIAL CLASS GUIDELINES

 

In respect of disagreements that might arise about the proper application of this classification the following guidelines a reset out to be followed by the parties:

 

(1)      Procedure in applying the new classification - If there is disagreement about the application of the definition the following should be adopted:

 

(a)      The issue should be discussed at a local level between the employee concerned, and/or his shop steward, and an appropriate representative of his employer; if agreement is not reached at this level, then:

 

(b)      the matter should be raised between an appropriate full-time official of the employee's union and the employer; if agreement is not reached at this level, then:

 

(c)      the question should be referred to the employer's organisation for discussion between that organisation and an appropriate full-time official of the union; if agreement is still not reached, then:

 

(d)      the issue should be referred to the New South Wales Industrial Commission for resolution.

 

(e)      Normal work should continue during this process.

 

(f)       Management may have the need to reallocate work after reclassification.

 

(g)      Any reclassification by one employer or group thereof shall not be used as the basis for an automatic flow to another employer or group thereof.

 

(2)      A checklist approach may assist in resolving the application of the definition.  For example:

 

The work - Does the work involve work on complex machinery which utilises hydraulic and/or pneumatic principles? A prima facie test is whether the work involves multiple energy with control sequences.

 

The person -

 

(a)      Is the person a qualified fitter, motor mechanic or plant mechanic?

 

(b)      Has the person worked as a tradesperson on complex work which utilises hydraulic or pneumatic principles for at least two years, appreciating that the first part of the two years after apprenticeship may have a lower content of work on complex work as still learning?

 

(c)      Is it an integral part of the job requirement that the person is employed for the purpose of attending to work involving complex machinery?

 

(d)      Has the person the ability to read and understand hydraulic and/or pneumatic circuitry which controls fluid power systems?

 

(e)      Does the work require additional knowledge in excess of that gained by the satisfactory completion of the appropriate technical college trades course?

 

(f)       Has the person the ability to work on complex work without supervision? This relates to technical factual supervision.

 

(g)      Has the person done a relevant formal post-trades course? An affirmative answer points towards the classification but a negative answer not to prejudice the person in any way.

 

(h)      All the questions relevant to the person should be answered in the affirmative except question (g) to establish a claim to the classification subject to the operational requirements of the establishment.

 

SCHEDULE A

 

WAGES, ALLOWANCES AND SPECIAL RATES

 

Table 1

 

NOTATION: The rates specified for each classification contain an amount of $8.00 which was included as a result of an undertaking, by the parties to this award, to adhere to the disputes procedure contained in clause 31, Settlement of Disputes Procedure.  This provision was ratified in Matter No. 551 of 1979.

 

Table 2

 

Additional payments to form part of a wage rate for adults for all purposes of the award, unless otherwise specified:

 

(a)

 

(i)       A shift worker working on rostered shifts- $39.50 per week, provided that employees on a rotating 5-day shift roster shall receive an additional allowance of $1.41 in respect of each night shift, other than weekends, that is actually worked.

 

(ii)      Provided that any employee working on a rotating 7-day shift roster shall, in lieu of the above, receive an all purpose amount of $53.10 per week.

 

(iii)      A shift worker working on 12-hour rostered shifts - $53.10 per week.

 

(b)      A shift worker working on permanent night shift shall be paid $94.30 per week extra.

 

(c)      A shift worker working on permanent afternoon shift shall be paid $47.20 per week extra.

 

(d)      Amain engine room greaser employed as such who holds a first-class refrigeration engine driver's certificate- $11.55 per week.

 

(e)      A trimmer employed as such who holds a recognised certificate of competency appropriate to the plant which they may be called upon to operate - $7.40 per week.

 

(f)       An electrical or instrument tradesperson who is the holder of a New South Wales electrician's licence shall be paid the following:

 

Qualified Supervisor Certificate (Electrician)

$32.05 per week

Certificate of Registration (Electrician)

$17.30 per week

 

Provided that these amounts shall be varied in accordance with the appropriate provisions of the Electricians, &c. (State) Award, as varied.

 

(g)      Engine driver in charge of plant to be paid $12.85 per week.

 

(h)      An employee qualified and authorised to act as first-aid attendant shall be paid $9.85 per week extra.

 

(i)       An employee who has been trained to use, and is required by the employer to use, battery-powered pedestrian forklift trucks during the course of their duties shall be paid $7.75 per week extra.

 

(j)       A plumber who may be required to act on their plumber's licence shall be paid $23.20 per week extra. (Not cumulative with other licence payments.)

 

(k)      A plumber who may be required to act on their drainer's licence shall be paid $19.46 per week extra. (Not cumulative with other licence payments.)

 

(l)       A plumber who maybe required to act on their dual licence shall be paid $30.67 per week extra. (Not cumulative with other licence payments.)

 

(m)     A plumber who may be required to act on their multi-licence shall be paid $42.27 per week extra. (Not cumulative with other licence payments.)

 

(n)      A plumber who maybe required to compute quantities shall be paid $14.90 per week extra.

 

(o)      A registration allowance of $17.81 per week shall be paid to plumbers and/or licensed plumbers in addition to the ordinary rate of pay. This allowance shall be paid for all purposes of the award with the exception of clause 11, Overtime, and clause 13, Sunday and Holiday Work.

 

Provided that the allowances prescribed in paragraphs (j), (k), (l), (m), (n) and (o) of this sub clause, shall be varied in accordance with the movement in appropriate provisions of the Plumbers and Gasfitters (State) Award, by multiplying the hourly rates in that award by 38 and rounding to the nearest cent.

 

(p)      A qualified rigger working a shift roster system who has practically complete charge of all rigging duties and who carries out the orders of an employer and having no certification to carry out rigging duties shall be paid $20.45 per week extra.

 

(iv)

 

(a)      The minimum rate of pay for an adult female office cleaner shall be $452.20 for 35 hours and $387.60 for 30 hours; provided that an office cleaner required to work in lavatories, on outside steps, marble or brass or required to scrub floors or steps which necessitate the employee kneeling, shall be paid $2.60 per week extra. Provided further that females shall not be compelled to clean men's lavatories.

 

(b)      A part-time female officer cleaner working less than 24 hours per week shall be paid a weekly wage calculated on an hourly basis by dividing the above minimum rate for 35 hours, plus 10 percent, by thirty-five. Calculations to be made to the nearest whole cent, any amount less than a half cent to be disregarded.

 

(v)      Plant Electrician - means an electrical trades person who has practically complete charge of the general maintenance, alteration and repair work of an installation and carries out the orders of an employer and who has no knowledge of the electrical trade and is not carrying on any business in the trade as a partner or otherwise, or who carries out the orders of an employer's engineer or other officer who is not a practical electrician - $22.40 per week; provided that this rate shall vary in accordance with the lower rate appearing in clause 7, Leading Hands.

 

(vi)     A fitter performing welding duties, who has demonstrated to the company's satisfaction their additional competency in performing welding work, shall be paid $10.85 per week whilst employed to perform such work.

 

(vii)     A mechanical assistant or ironworker's assistant who has demonstrated, to the employer's satisfaction, their additional competency in grinding work, shall be paid $10.85 per week whilst employed to perform such work.

 

(viii)    State Wage Case Adjustments- The rates of pay in this award include the State Wage Case - 2000 adjustment as set out in subclauses (i) and (ii) of this clause payable under the State Wage Case - 2000 decision.  This adjustment may be offset against:

 

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

 

(B)      award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments.

 

Table 3

 

Item

Clause No

Description

Rate

 

 

 

$

1

6(i)

Tool Allowance

12.55

2

7

Less than 3 not more than 10

22.40

 

 

More than 10 not more than 20

32.05

3

12(v)

Overtime Meal Money

5.00

 

 

 

1.00

 

(i)       Dirty work which a supervisor and an employee shall agree is of an unusually dirty or offensive nature - 53 cents per hour extra.

 

(ii)       Work in a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation - 66 cents per hour extra.

 

(iii)      Working for more than one hour in the shade in places where the temperature is raised by artificial means to between 43.3 degrees Celsius and 54.4 degrees Celsius- 53 cents per hour extra.

 

(iv)      Work in cold cellars under refrigeration - 53 cents per hour extra.

 

(v)      Working on repairs to smoke boxes, fireboxes, furnaces or flues, of boilers - 11 cents per hour extra. Working inside oil-fired boilers - $1.40 cents per hour extra.

 

(vi)      An employee engaged in manually defrosting refrigeration coils with hand tools in cold cellars shall be paid 16 cents per hour extra whilst so engaged.

 

(vii)     An employee engaged in either the preparation and/or the application of epoxy-based materials or materials of a like nature shall be paid 66 cents per hour extra.

 

(viii)    Employees required to use explosive-powered tools shall be paid $1.26 per day.

 

(ix)      A plumber or their assistant who is required to open up any soil pipe, waste or drainpipe conveying offensive materials shall be paid an additional $ per day or part of a day, provided that this amount shall be varied in accordance with the provisions of the Plumbers and Gasfitters (State) Award.

 

(x)      A painter required to work inside a beer cylinder, stout tun or pasteuriser or in fixtures or vessels of a like nature shall be paid at the rate of time and one-half and allowed fifteen minutes spell in the fresh air at the end of each hour worked and shall be paid for the spell at ordinary rates.

 

This rate is fixed having regard to the particular disabilities encountered by painters and shall be paid in lieu of any other disability rates which would be applicable except as in subclause (vii) of this clause which would be paid should epoxy based paint be used.

 

(xi)      A builder's labourer who is required to operate a jackhammer shall be paid 30 cents per hour extra whilst so employed, with a minimum payment of $1.11 on any such day.

 

(xii)     An employee who wears a uniform provided by the employer at all times whilst on duty, and keeps it in an acceptable state of repair and cleanliness shall be paid an additional $6.28 per week when attending for duty.

 

(xiii)    These rates to be cumulative (except as indicated).

 

(xiv)    Unless otherwise indicated these rates shall be varied in accordance with the appropriate provisions of the Building and Construction Industry (State) Award .

 

(xv)     Provided that an employee required to perform work of a nature that would attract a special rate under clause 25, Special Rates, of the Building and Construction Industry (State) Award, not elsewhere specified in this clause, shall be paid the appropriate rate provided in that award.

 

 

 

P. J. CONNOR, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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