State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

Wholesale Fruit and Vegetable Market Employees (Newcastle, &c.) Award
  
Date07/11/2008
Volume366
Part1
Page No.339
DescriptionVSW - Variation following State Wage Case
Publication No.C6608
CategoryAward
Award Code 830  
Date Posted07/10/2008

spacer image spacer image

spacer image Click to download*
spacer image
(830)

(830)

SERIAL C6608

 

Wholesale Fruit and Vegetable Market Employees (Newcastle, &c.) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, Industrial Organisation of Employees.

 

(No. IRC 821 of 2008)

 

Before Commissioner Stanton

13 June 2008

 

VARIATION

 

1. Insert in numerical order in the Arrangement, of the award published 9 February 2001 (322 I.G. 185), the following new clause number and subject matter:

 

16A Secure Employment

 

2. Delete subclause (vii) of clause 4, Rates of Pay, and insert in lieu thereof the following:

 

(vii) The rates of pay in this award include the adjustments payable under the State Wage Case 2003, 2004, 2005, 2006 and 2007. These adjustments may be offset against:

 

(a) any equivalent overaward payments; and/ or

 

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

 

3. Insert after clause 16, Terms of Engagement, the following new clause:

 

16A. Secure Employment

 

(a) Objective of this Clause

 

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

 

(b) Casual Conversion

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c) Occupational Health and Safety

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(d) Disputes Regarding the Application of this Clause

 

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

 

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

 

4. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

SWC 2003

 

Table 1 - Wages

 

(i) Adult Employees

 

Grade

Old Rate per Week

SWC 2003

New Rate per Week

 

$

$

$

Head Salesperson

528.90

17.00

545.90

Banana Ripener

471.30

17.00

488.30

Salesperson

450.00

17.00

467.00

General Assistant

431.40

17.00

448.40

 

(ii) Junior Employees

 

 

Percentage of General Assistant Rate

 

 

At 16 years of age

70

At 17 years of age

85

At 18 years of age and over

The appropriate adult rate of pay

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

4(i)(e)

Fork Lift Operation Allowance

9.10 per week

2

5

Meal Allowance

4.60

3

21(ii)

First Aid

1.80 per week

 

Note:

 

Work related allowances have been increased by 3.2%.

 

The Meal Allowance has been adjusted according to the "Meals out and Take Away Foods" component of CPI from the June 2002 figures to June 2003.

 

June 2003

154.7

June 2002

149.5

 

5.2

 

Percentage change = 5.2 x 100 149.5 = 3.48%

 

The current amount of $4.45 is increased to $4.60.

 

SWC 2004

 

Table 1 - Wages

 

(i) Adult Employees

 

Grade

Old Rate per Week

SWC 2004

New Rate per Week

 

$

$

$

Head Salesperson

545.90

19.00

564.90

Banana Ripener

488.30

19.00

507.30

Salesperson

467.00

19.00

486.00

General Assistant

448.40

19.00

467.40

 

(ii) Junior Employees

 

 

Percentage of General Assistant Rate

 

 

At 16 years of age

70

At 17 years of age

85

At 18 years of age and over

The appropriate adult rate of pay

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

4(i)(e)

Fork Lift Operation Allowance

9.40 per week

2

5

Meal Allowance

4.75

3

21(ii)

First Aid

1.85 per week

 

Note:

 

Work related allowances have been increased by 3.5%.

 

The Meal Allowance has been adjusted according to the "Meals out and Take Away Foods" component of CPI from the June 2003 figures to June 2004.

 

June 2004

160.0

June 2003

154.7

 

5.3

 

Percentage change = 5.3 x 100 154.7 = 3.43%

 

The current amount of $4.60 is increased to $4.75.

 

5. The SWC 2004 shall take effect from the beginning of the first full pay period to commence on or after 13 June 2008.

 

SWC 2005

 

Table 1- Wages

 

(i) Adult Employees

 

Grade

Old Rate per Week

SWC 2005

New Rate Per Week

 

$

$

$

Head Salesperson

564.90

17.00

581.90

Banana Ripener

507.30

17.00

524.30

Salesperson

486.00

17.00

503.00

General Assistant

467.40

17.00

484.40

 

(ii) Junior Employees

 

 

Percentage of General Assistant Rate

 

 

At 16 years of age

70

At 17 years of age

85

At 18 years of age and over

The appropriate adult rate of pay

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

4(i)(e)

Fork Lift Operation Allowance

9.70 per week

2

5

Meal Allowance

4.90

3

21(ii)

First Aid

1.90 per week

 

Note:

 

Work related allowances have been increased by 3.0%.

 

The Meal Allowance has been adjusted according to the "Meals out and Take Away Foods" component of CPI from the June 2004 figures to June 2005.

 

June 2005

165.1

June 2004

160.0

 

5.1

 

Percentage change = 5.1 x 100 160.0 = 3.19%

 

The current amount of $4.75 is increased to $4.90.

 

6. The SWC 2005 variation shall take effect from the beginning of the first full pay period to commence on or after 12 September 2008.

 

SWC 2006

 

Table 1- Wages

 

(i) Adult Employees

 

Grade

Old Rate per Week

SWC 2006

New Rate Per Week

 

($)

($)

($)

Head Salesperson

581.90

20.00

601.90

Banana Ripener

524.30

20.00

544.30

Salesperson

503.00

20.00

523.00

General Assistant

484.40

20.00

504.40

 

(ii) Junior Employees

 

 

Percentage of General Assistant Rate

 

 

At 16 years of age

70

At 17 years of age

85

At 18 years of age and over

The appropriate adult rate of pay

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

4(i)(e)

Fork Lift Operation Allowance

10.10 per week

2

5

Meal Allowance

5.05

3

21(ii)

First Aid

2.00 per week

 

Note:

 

Work related allowances have been increased by 4.0%.

 

The Meal Allowance has been adjusted according to the "Meals out and Take Away Foods" component of CPI from the June 2005 figures to June 2006.

 

June 2006

170.9

June 2005

165.1

 

5.8

 

Percentage change = 5.8 x 100 165.1 = 3.51%

 

The current amount of $4.90 is increased to $5.05.

 

7. The SWC 2006 variation shall take effect from the beginning of the first full pay period to commence on or after 13 December 2008.

 

SWC 2007

 

Table 1 - Wages

 

(i) Adult Employees -

 

Grade

Old Rate per Week

SWC 2007

New Rate Per Week

 

$

$

$

Head Salesperson

601.90

20.00

621.90

Banana Ripener

544.30

20.00

564.30

 

Salesperson

523.00

20.00

543.00

General Assistant

504.40

20.00

524.40

 

(ii) Junior Employees

 

 

Percentage of General Assistant Rate

 

 

At 16 years of age

70

At 17 years of age

85

At 18 years of age and over

The appropriate adult rate of pay

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

4(i)(e)

Fork Lift Operation Allowance

10.50 per week

2

5

Meal Allowance

5.25

3

21(ii)

First Aid

2.10 per week

 

Note:

 

Work related allowances have been increased by 4.0%.

 

The Meal Allowance has been adjusted according to the "Meals out and Take Away Foods" component of CPI from the June 2005 figures to June 2006.

 

June 2007

177.1

June 2006

170.9

 

6.2

 

Percentage change = 6.2 x 100 170.9 = 3.63%

 

The current amount of $5.05 is increased to $5.25.

 

8. The SWC 2007 variation shall take effect from the beginning of the first full pay period to commence on or after 12 June 2009.

 

 

 

J.D. STANTON, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'