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.