(607)

SERIAL C6625

Soap and Candle Makers (State) Consolidated Award

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 1560 of 2007)

Before Commissioner Bishop

16 April 2008

REVIEWED AWARD

PART A

1. Arrangement

Clause No. Subject Matter

1. Arrangement

2. Safety Net Commitments

3. Hours

4. Part-time Employment

5. Rates of Pay

6. Casual Labour

6A. Secure Employment

7. Classification Structure

8. Award Flexibility

9. Award Modernisation

10. Training and Consultative Mechanisms

11. Mixed Functions

12. Overtime

13. Time Off in Respect of Overtime Worked

14. Meal Breaks

15. Meal Allowances

16. Sunday and Holiday Rates

17. Recall

18. Holidays

19. Sick Leave

20. Personal/Carer's Leave

20A. Parental Leave

21. Bereavement Leave

22. Jury Service

23. Annual Leave

24. Long Service Leave

25. Payment of Wages

26. Termination of Employment

27. First-aid and Safety

28. Amenities

29. Protective Clothing

30. Redundancy

31. Anti Discrimination

32. Disputes Procedure

33. Training Wage

34. Superannuation

35. Deduction of Union Membership Fees

36. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Wages

Table 2 - Other Rates and Allowances

2. Safety Net Commitments

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

(a) any equivalent over award payments; and/or

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

3. Hours

(i) Day Workers

(a) The ordinary working hours shall be 38 per week, to be worked Monday to Friday, inclusive, between the hours of 6.00 am and 6.00 pm, provided that the spread of hours may be altered by mutual agreement between an employer and the majority of affected employees in a plant, work section or work sections concerned. Agreement can extend to staggering starting and finishing times for employees provided that the majority of employees affected by the proposed change agree in a plant, work section or work sections concerned.

(b) The ordinary hours of work prescribed herein shall not exceed ten on any day. Provided that:

By arrangement between an employer, the union and/or majority of employees in the plant or work sections concerned, ordinary hours not exceeding 12 may be worked on any day subject to:

(i) The employer and employees concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 - Hour shifts.

(ii) Proper health monitoring procedures being introduced.

(iii) Suitable rostering arrangements being made.

(iv) Proper supervision to be provided by the employer.

(c) Implementation of the 38-Hour Week - The method of implementing the 38-hour week shall be determined by agreement between the employer and the majority of employees directly affected, from one or more of the following:

(i) By employees working less than eight ordinary hours each day.

(ii) By employees working less than eight ordinary hours on one or more days each week.

(iii) By employees having one weekday off, or two half days off, excluding public holidays in each 20 day work cycle, eight hours being worked on each of the other days of those four weeks. The days off are to be nominated by the employer.

(A) By fixing one weekday on which all or any number of employees will be off during a particular 20 day work cycle.

(B) By rostering employees off on various weekdays during a particular 20 day work cycle. Subject to operational requirements, preference shall be given to days off being arranged to suit individual requests.

(C) Flexibility in relation to days off - Where the hours of work of an establishment, plant or section are organised in accordance with this paragraph, an employer may require the employee(s) to accrue a maximum of five rostered days off. Where a rostered day off is allowed, it shall be taken within 12 months of its original due date.

(D) The procedure for resolving special, anomalous or extraordinary problems shall be applied in accordance with the disputes procedure. The procedure shall be applied without delay.

(E) In any calendar year, where 20 days annual leave is taken there shall be a maximum of 12 rostered days off. Provided that for lesser periods of annual leave taken the above will apply on a proportionate basis.

(iv) Provided that ordinary hours may be worked by such other method that is agreed upon between the employer and the majority of employees directly affected.

(v) Circumstances may arise where different methods of implementing a 38 hour week apply to various groups or sections or employees in the plant or section concerned.

(vi) The day scheduled to be the day off in accordance with paragraph (iii) of the subclause may be worked as an ordinary day without penalty when substituted by another day by agreement between the employer and the employee directly affected, or where a number of employees are directly affected, by the agreement between the employer and a majority of employees in respect of whom a substituted day off is sought.

(vii) Excluding circumstances beyond the control of the employer and except as herein provided, not less than seven days notice is to be given concerning the days off thus allocated to employees by the application of the foregoing arrangements.

(viii) The procedure for resolving special, anomalous, or extraordinary problems shall be applied in accordance with the disputes procedure. The procedure shall be applied without delay.

(ix) In any calendar year, where 20 days annual leave is taken there shall be a maximum of 12 rostered days off. Providing that for lesser periods of annual leave taken the above will apply on a proportionate basis.

(ii) Shift Work

(a) The ordinary hours of shift workers shall be fixed by mutual agreement between the employer and the employee concerned, but shall not exceed 76 hours in any period of two consecutive weeks, or 114 hours in any period of three consecutive weeks, or 152 hours in any period of four consecutive weeks.

4. Part-Time Employment

Part-time Employees

(i) A part-time employee shall mean an adult employee who is employed to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee. However;

(a) such days shall not be less than 2 per week and

(b) such hours shall not be less than 12 nor more than 30 per week.

(ii) The spread of ordinary hours of part-time employees shall be as set out in clause 3, Hours, and their rates of pay shall be calculated pursuant to clause 5, Rates of Pay.

(iii) Notwithstanding anything else contained in this award, the provisions of this award with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, maternity leave and holidays shall apply to part-time employees on a pro rata basis for each employee in proportion to the normal ordinary hours worked by weekly employees.

(iv) Notwithstanding the provisions of this clause, the union and an employer may agree in writing to observe other conditions in order to meet special cases.

5. Rates of Pay

(i) Adult Employees - The minimum rates to be paid to adult employees shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

(ii) Junior Employees - The minimum rates of pay for junior employees shall be: Percentage of the total wage for Group V - General Hand (not otherwise classified) - Per week

At 17 years of age and under	75

At 18 years of age	100

(iii) The rate of pay for juniors prescribed in subclause (ii) of this clause shall be calculated to the nearest five cents, any broken part of five cents in the result not exceeding two and a half cents to be disregarded.

(iv) Leading Hands - A Leading Hand appointed in charge of other employees shall be paid as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the rate prescribed by subclause (i) and (ii) of this clause, for the highest classification under the employee’s control.

(v) Employees engaged in cleaning pits, tanks, vats and/or sumps and/or evaporator tubes shall be paid as set out in Item 2 of the said Table 2 in addition to their ordinary rates.

(vi) Employees required to empty bags of soda ash by hand shall be paid as set out in Item 3 of the said Table 2 in addition to their ordinary rates, whilst on such work.

(vii) A First-aid Attendant shall be paid per day as set out in Item 4 of the said Table 2.

(viii) Shift Work -

(a) Definitions

(1) "Afternoon Shift" means any shift finishing after 6.00pm and at or before midnight.

(2) "Night Shift" means any shift finishing subsequent to midnight or at or before 8.00am.

(b) Employees on afternoon shift shall be paid 15 per cent, and on night shift shall be paid 17.5 per cent, in addition to their ordinary rates of pay. However, in circumstances where an ordinary night shift which commences on Friday is completed on Saturday,

(1) the portion of the ordinary shift work which falls on the Saturday (being after 12 midnight on Friday night) shall be paid to the shift worker at the rate of time and a half; and

(2) this rate shall be in substitution for and not cumulative upon the existing night shift allowance provided by this paragraph (a).

(c) Notwithstanding anything elsewhere contained in this subclause, employees required to work on a permanent afternoon shift shall be paid 15 per cent, or on a permanent night shift 22.5 per cent, in addition to the prescribed rate of pay. However, where such a permanent night shift sees a portion of an ordinary shift completed on a Saturday the rate for that portion shall be as prescribed in subparagraph (2) of paragraph (b) of this subclause.

6. Casual Labour

(i) Casual Labour shall mean labour engaged by the hour when the number of hours does not extend to 38 in any week during which the employee is engaged.

(ii) The minimum rate to be paid to all employees engaged as casual labour shall be 15 per cent in addition to the hourly equivalent of their respective rate, as classified, with a minimum of four hours per engagement.

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

6A. 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.

(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.

7. Classification Structure

The parties to this award are committed to examining a new skills based classification and wages structure. In making this commitment, the parties accept in principle that the description of job functions within a new structure will be more broadly based and generic in nature.

8. Award Flexibility

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 this award, provided that such duties are not designed to promote deskilling.

It is accepted that the performance of a wider range of duties may mean involvement in non-traditional areas.

Employees shall perform such work as is reasonably and lawfully required of them by the employer, including accepting instruction from authorised personnel. Instructions may go to Occupational Health and Safety issues.

Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee.

9. Award Modernisation

The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

The parties are committed to examining this award to ensure it reflects the needs of modern business and to eliminate or amend provisions which restrict the ability of employers to adapt quickly and efficiently to changes affecting their business and the provision of service to the consumer/customer.

10. Training and Consultative Mechanisms

Employees may be required to undertake training for a wider range of duties and/or access to higher skill levels to assist in the implementation of structural efficiency negotiations.

It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits of both from such training.

The parties agree to continue discussions on issues raised related to training.

Enterprises covered by this award shall establish a consultative mechanism and procedures between the employer and employee(s) and/or the Union, appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

11. Mixed Functions

(i) An employee transferred temporarily from a higher paid to a lower paid class of work, or from a lower paid to a higher paid class of work such employee, shall be paid not less than the rate of wages prescribed in the higher class of work during such temporary employment.

(ii)

(a) An employee transferred temporarily to a higher paid class of work for two hours or more on any one day shall be paid the higher rate of wages for the whole of such day.

(b) An employee transferred temporarily to a higher paid class of work for twenty hours or more in any one week, shall be paid the higher rate of wages for the whole of such week.

12. Overtime

(i)

(a) All time worked in excess of the ordinary daily working hours prescribed in subclause (i) of clause 3, Hours, or in excess of the regular hours of shift workers shall be deemed to be overtime and shall be paid for at the rate of time and one-half for the first two hours in any one day and double time thereafter.

(b) However, continuous seven-day shift workers shall be paid double time for all work done outside the ordinary hours of their shifts.

(ii)

(a) When overtime is worked on a Saturday the overtime rates shall be time and one-half for the first two hours and double time thereafter:

(b) However, a person employed on shift work required to work overtime after finishing the said person’s normal shift on a Saturday in accordance with paragraph (b) of subclause (viii) of clause 5, Rates of Pay, shall be paid double time for such overtime.

(iii) An employee required to work in place of a shift worker, after having completed the employee’s own shift, shall be paid overtime rates for such time worked. Provided that

(a) Where an employee performs such overtime the employer shall make every effort to relieve the said employee before a 12 hour period of engagement is exceeded.

(b) Where overtime is required, it shall be subject to:

(1) The employer and the employee(s) concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 hour shifts.

(2) Proper health monitoring procedures.

(3) Suitable rostering arrangements being made.

(4) Proper supervision being provided by the employer.

(iv)

(a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

(b) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day so that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates until released from duty for such period; and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(d) The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

(1) for the purpose of changing shift rosters; or

(2) where a shift worker does not report for duty and a day worker or shift worker is required to replace such shift worker; or

(3) where a shift is worked by arrangement between the employees themselves.

(v) The roster of an employee shall not be changed from one shift to another without 48 hours' notice of such change being given and in the absence of such notice overtime rates shall be paid until the expiry of such notice.

(vi) An employee required to work any period of overtime on a Saturday shall receive a minimum payment of four hours at overtime rates

(vii) Reasonable Overtime

(a) Subject to paragraph (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.

(1) any risk to employee health and safety;

(2) the employee's personal circumstances including any family and carer responsibilities;

(3) the needs of the workplace or enterprise;

(4) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(5) any other relevant matter.

13. Time Off in Respect of Overtime Worked

(i) Subject to genuine agreement between an employer and employee(s), an employee may elect to take time off in lieu of payment for hours worked outside and/or in excess of the ordinary hours of work prescribed by this award.

(ii) In such cases the time off shall be calculated on the basis of the penalty prescribed for work outside and/or in excess of the ordinary hours of work prescribed by this award.

(iii) Provided that such time off shall be taken within four weeks of becoming due or payment for such work shall be made by the employer.

(iv) Provided further that the time of taking the time off in lieu is subject to mutual agreement between the employer and employee and where agreement cannot be reached the matter shall be dealt with via clause 32, Disputes Procedure.

14. Meal Breaks

(i) An employee shall be given a period of at least thirty minutes for a meal on each day worked. No person shall work more than five hours without being given a break for a meal, excepting:

(a) an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary pay without a meal break. Such arrangement must be by agreement between an employer and each individual employee and/or the majority of employees in the enterprise or work section or sections concerned.

(ii) Where an employee is required to work beyond five hours, or beyond the agreed time as set out in paragraph (a) of subclause (i) of this clause, such work shall be paid for under the award overtime rates, as set out in paragraph (a) of subclause (i) of clause 12, Overtime. Payment at overtime rates shall continue until such time as the employee is allowed an uninterrupted meal break of thirty minutes.

(iii) Subject to subclause (i) of this clause, the time of taking a meal break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

15. Meal Allowances

(i) Any employee required to work overtime for any period in excess of one hour after the usual ceasing time either shall be supplied with a meal by the employer or shall be paid as set out in Item 5 of Table 2 - Other Rates and Allowances of Part B. If an employee is required to work in excess of four hours' overtime that employee shall either be supplied with a further meal or shall be paid the sum as set out in Item 5.

(ii) This clause shall not apply when an employee has been notified the previous day of the intention to work overtime.

(iii) If such an employee is notified on the previous day that the employee will be required to work overtime and by reason of such notice has provided himself or herself with a meal and such overtime is cancelled, the employee shall be allowed the sum set out in the said Item 5.

16. Sunday and Holiday Rates

(i) For all work performed on Sunday, an employee shall be paid at the rate of double time with a minimum payment of four hours' work.

(ii) For all work performed on the holidays prescribed by clause 18, Holidays, an employee shall be paid at the rate of double time and one-half with a minimum payment of four hours' work.

17. Recall

(i) An employee recalled from home to work overtime after having left the premises of the employer shall be paid a minimum of four hours at overtime rates.

18. Holidays

(i)

(a) The following days shall be holidays, namely:

New Year's Day,

Australia Day,

Good Friday,

Easter Saturday,

Easter Monday,

Anzac Day,

Queen's Birthday,

Labour Day,

Christmas Day,

Boxing Day,

and any other days which may be proclaimed as public holidays and observed as such; provided that the day on which the Newcastle Show is held may be worked at ordinary rates even though such day be proclaimed as a public holiday.

(b) The first Monday in March each year also shall be a holiday as the picnic day of The Australian Workers' Union, New South Wales Branch, provided that a picnic is held.

(c) An employer may require from an employee evidence of attendance at the picnic and the production of the butt of the picnic ticket issued for the picnic shall be sufficient evidence of attendance. Where such evidence is requested by the employer payment need not be made unless the evidence is produced

(ii) No deduction shall be made from the wages of employees for such holidays; provided, however, that an employee absent the day before or the day after a holiday without reasonable excuse or without the employer's consent shall not be entitled to payment for such holiday.

19. Sick Leave

An employee who, having completed three months continuous service, is unable to attend for duty during ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workers’ Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998 or any successor legislation), not due to the employee’s own serious and wilful misconduct, shall be entitled to be paid at the ordinary time rate of pay for such absence, subject to the following:

(i) The employee shall, as far as practicable;

(a) Inform the employer of any inability to attend for duty within twenty four hours of the commencement of such absence, and

(b) state the nature of the injury or illness and the estimated duration of the absence.

(ii) The employee shall prove to the satisfaction of the employer, by the production of a medical certificate or other satisfactory evidence, that the employee was unable, on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

(iii) Subject to paragraphs (iv) and (v) of this clause, an employee shall be entitled to the following sick leave:

(a) An employee in the first year of service shall be entitled to five days' sick leave per year.

(b) An employee in the second year of service and thereafter shall be entitled to ten days' sick leave per year.

(iv) The rights under this clause shall accumulate from year to year so long as the employment continues with the employer so that any part of the sick leave entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions described by this clause, in a subsequent year of continued employment. Any rights which accumulate pursuant to this subclause shall be available to the employee for an unlimited period.

(v) When a new employee has completed three months continuous service that employee shall be entitled retrospectively to sick leave taken in accordance with this clause during that three months continuous service.

20. Personal/Carer's Leave

(i) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 20(i)(c)(2) 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 19, 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.

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

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

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

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

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

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

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

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

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

Where the parties are unable to reach agreement the disputes procedure at clause 32, Dispute Procedure, should be followed.

(ii) 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 20(i)(c)(2) above who is ill or who requires care due to an unexpected emergency.

(iii) 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.

(iv) Time Off in Lieu of Payment for Overtime

(a) For the purpose only of providing care and support for a person in accordance with subclause (i) of this clause, and despite the provisions of clause 13, Time Off in Respect of Overtime Worked, the following provisions shall apply.

(b) 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.

(c) 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.

(d) 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.

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

(v) Make-up Time

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

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

(vi) 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 for 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.

(vii) Personal Carers Entitlement for casual employees -

(1) Subject to the evidentiary and notice requirements in 20(i)(b) and 20(i)(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 20(i)(c)(2) 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.

20A. 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.

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).

21. Bereavement Leave

(i) An employee, other than a casual employee, shall be entitled to two days bereavement leave without deduction of pay, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia the employee shall be entitled to two days bereavement leave where the employee travels outside Australia to attend the funeral.

(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 (2) of paragraph (c) of subclause (i) of clause 20, Personal/Carer's Leave, provided that, for the purposes of bereavement leave, the employee need not have been granted other leave.

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

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv) and (v) of the said clause 20. 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 21(i) 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 20(i)(c)(2) of clause 20, 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.

22. Jury Service

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

23. Annual Leave

(i) See Annual Holidays Act 1944.

(ii) Seven-day Shift Workers:

(a) In addition to the annual leave benefits prescribed by subclause (i) of this clause with regard to an annual holiday of four weeks, an employee who during the year of employment with the employer with respect to which the employee becomes entitled to the said annual holidays works as a continuous seven-day shift worker shall be entitled to the additional leave as hereunder specified.

(1) If, during the year of employment, the employee has served the employer continuously as such seven-day shift worker the additional leave with respect to that year shall be one week.

(2) Subject to subparagraph (4) of this paragraph if during the year of employment the employee has served for only a portion of it as such seven-day shift worker, the additional leave shall be one day for every thirty-six ordinary shifts worked as a seven-day shift worker.

(3) Subject to subparagraph (4) of this paragraph, the employee shall be paid for such additional leave at the same rate and under the same conditions as provided in subparagraph (1) of this paragraph for the annual holiday of four weeks.

(4) Where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall be discharged by payment only and such payment shall be at the rate outlined in subparagraph (3) of this paragraph.

(5) In this clause reference to one week and one day shall include holidays and non-working days.

(a) Where the employment of a worker has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday, with respect to a period of employment, the employee also shall be entitled to an additional payment for three and one-third hours at the annual leave rate of pay with respect to each twenty-one shifts of service as such seven-day shift worker which the employee has rendered during such period of employment.

(b) In the case of an employee who was, at the commencement of annual leave, employed as a seven-day shift worker, as defined herein, one day shall be added to the annual leave period in respect of any holiday prescribed by this award which falls within the period of annual leave to which the employee is entitled under this award.

In addition to the foregoing a seven-day shift worker who regularly works the 21st shift of the said employee’s roster, shall be paid the equivalent of time worked on that day when proceeding on annual leave.

(iii) In addition to the entitlement accruing under subclauses (i) and (ii) of this clause, during a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by clause 5, Rates of Pay.

The loading shall be calculated as follows:

(a) Day Workers - An employee who would have worked on day work only had that employee not been on leave - a loading of 17.5 per cent.

(b) Shift Workers - An employee who would have worked on shift work had that employee not been on leave - a loading of 17.5 per cent.

However, where the employee would have received shift loadings, Saturday penalties and/or Sunday penalties as prescribed by this award had the employee not been on leave during the relevant period, and such loadings would have entitled the employee to a greater amount than the loading of 17.5 per cent, then the shift loadings shall be added to the rate prescribed by the said clause 5, in lieu of the 17.5 per cent loading.

And further, that if the shift loadings would have entitled the employee to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wages prescribed by the said clause 5, in lieu of the shift loading.

24. Long Service Leave

See Long Service Leave Act 1955.

25. Payment of Wages

(i) Wages shall be paid weekly on a day other than a Saturday, Sunday or holiday during working hours, such day not to be later than a Thursday; however, should such pay day fall on a Thursday which is a public holiday then such pay day shall be not later than one day prior to the Thursday. If wages are paid during the usual meal time, such time so occupied shall be added to the actual meal time.

(ii) The pay period shall close not more than two working days before the recognised pay day. Any employee required to wait after the usual ceasing time to receive wages shall be paid at ordinary rates for all time kept waiting to be paid.

(iii) Payment by the employer may be made by cash or cheque or by the employer transferring the amount due into an individual employee's account at the bank, or other recognised financial institution, of the employee's choice, in the following cases:

(a) where the majority of employees and the employer agree;

(b) by individual agreement between an employer and any particular employee;

26. Termination of Employment

(i) Full Time and Part Time Employment -

(a) Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wages, as the case may be. Provided that during the first month of full-time or part-time employment the contract of employment shall be of a probationary nature.

(b) This shall not affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.

(ii) Abandonment of Employment - The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer and without reasonable cause shall be prima facie evidence that the employee has abandoned their employment. Provided that:

(a) If, within a period of fourteen days from the last attendance at work or the date of the last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that the employee was absent for reasonable cause, the employee shall be deemed to have abandoned employment.

(b) 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 in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

(iii) Standing Down of Employees

(a) Notwithstanding anything expressed or implied in this award an employer has the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

(b) Notwithstanding any provision of this award, the standing down pursuant to this subclause of any employee shall be treated as not having broken the continuity of employment of that employee. The period or periods of stand-down shall not be considered a period of absence from duty for the purposes of any provision of the award providing for or in relation to annual leave or long service leave.

(1) A full-time or part-time employee who is required to attend for work on any day and who works on that day shall be paid the ordinary pay for the time worked or for four hours, whichever is the greater. However, if the employee works for not less than 75% of the ordinary hours for the day, the employee shall be paid ordinary pay for a full day.

(2) A casual employee who is required to attend for work on any day and who attends and who, pursuant to these stand-down provisions, is not required to work shall be paid for that day the ordinary pay for one hour plus the casual allowance as set out in subclauses (i) and (ii) of clause 6, Casual Labour.

(d) An employee who, pursuant to these provisions, is not required to work for any period shall be deemed to have worked for that period for all purposes related to leave of any kind whether prescribed by any Act or this award or related to entitlement to any holiday, prescribed by this award . However, an employee who by this clause is deemed to have worked on a public holiday shall be paid at ordinary time for such day or days.

(e) An employee to whom the company proposes to apply these stand-down provisions may, with the consent of the company, elect to take any period of an annual holiday in lieu of being stood down; provided that this clause shall be read and construed subject to the provisions of the Annual Holidays Act 1944, to the intent that any provision of this clause inconsistent with any provision of that Act shall be deemed to be of no force and effect.

(f) The company shall daily make and preserve and keep a true and accurate record of the name of each employee to whom the company applies these stand-down provisions and of the days and times when the employee was, because of the said application of these provisions, not required to work, and shall make such record available for inspection by the secretary of the industrial union concerned at any time that is reasonable in the circumstances.

27. First-Aid and Safety

(i) Adequate first-aid facilities shall be provided by the employer. (See Occupational Health and Safety Regulation 2001.)

(ii) Where an employee is required by the employer to act as a first-aid attendant the employee shall be paid as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per day or shift in addition to ordinary rates.

(iii) Not less than two employees shall be employed hand-stacking drums of 200 litre capacity more than one metre high unless lifting gear is used.

(iv) Employees under the age of 18 years shall not be employed in the manufacture of soap powder or soap containing silica.

(v) The proportion of junior employees to adults in the manufacture of candles shall not exceed one junior to two adults.

28. Amenities

The employer shall provide adequate dressing room, washing and toilet accommodation in accordance with the requirements of the Factories, Shops and Industries Act 1962, or any relevant successor legislation.

29. Protective Clothing

(i) Gloves and suitable footwear shall be provided for employees engaged in handling caustic or acids. Suitable footwear shall be provided for employees engaged in removing soda from troughs. Such gloves and footwear shall remain the property of the employer.

(ii) When the need arises, cold cream and sticking plaster shall be provided for the use of employees for their hands.

(iii) Suitable goggles, mask or respirator shall be provided by the employer for the employees, where necessary, which appliances shall remain the property of the employer.

(iv) Suitable waterproof coats shall be provided, free of cost, by the employer for the use of employees required to work in the open in wet weather. Such coats, when provided, shall remain the property of the employer.

(v) Suitable protective clothing in the form of overalls, boots or shoes shall be supplied to an employee where the nature of the work requires such protective clothing to be worn.

All protective clothing supplied under this clause shall remain the property of the employer and if an employee leaves the employment of such employer without returning such protective clothing, the employer may deduct from any moneys owing at the time of termination an amount representing the value of such protective clothing not returned.

30. Redundancy

(i) Application

(a) This clause shall apply in respect of full-time and part-time persons under this award in the classifications set out in Table 1 - Wages, of Part B, Monetary Rates.

(b) In respect to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of paragraph (a) of subclause (iv) of this clause.

(c) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be not 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 award, 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, programme, organisation, structure, mechanisation or technology that are likely to have significant effect on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

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

Provided that, where this award makes provision for alteration of any of the matter 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) of this subclause, 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 discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (a).

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

(iii) Redundancy

(a) Discussions before Terminations

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

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

(iv) Termination of Employment

(a) Notice for Changes in Production, Programme, Organisation or Structure

This paragraph 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 subparagraph (1) of paragraph (a) of subclause (ii) of this clause.

(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 notice, with not less than two years' continuous service, shall be entitled to an additional week’s notice.

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

(b) Notice of Technological Change

This paragraph sets out the notice provision to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph (1) of paragraph (a) of subclause (ii) of this clause.

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

(2) Payment in lieu of 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.

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

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

(e) Statement of Employment

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

(f) Notice to Centrelink or the Appropriate Government Agency

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 employees likely to be affected and the period over which the terminations are intended to be carried out.

(g) Centrelink Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink or the appropriate government agency.

(h) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in subparagraph (1) of paragraph (a) of subclause (ii) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks' notice still owing.

(v) Severance Pay

(a) Where the employment of an employee is to be terminated pursuant to subclause (iv) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, 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) "Week’s 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 paid in accordance with this award.

(b) Incapacity to Pay

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

The 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 the said paragraph (a) will have on the employer.

(vi) Savings Clause

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

31. Anti Discrimination

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

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

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

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

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

(b) Offering or providing junior rates of pay to persons under 21 years of age.

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

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

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

Note:

1. Employers and Employees may also be subject to commonwealth anti-discrimination legislation.

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

"Nothing in the Act effects...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."

32. Disputes Procedure

The procedure for the resolution of industrial disputation will be in accordance with the Industrial Relations Act 1996. These procedural steps are:

(i) Procedure relating to a grievance of an individual employee:

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

(b) A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussions and resolution at higher levels of authority.

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

(e) If the matter remains unresolved, it should be referred to the appropriate tribunal under the Industrial Relations Act (NSW) 1996

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

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

(ii) Procedure for a dispute between an employer and the employees:

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

(b) Reasonable time levels must be allowed for discussion at each level of authority.

(c) If the matter remains unresolved, it should be referred to the appropriate tribunal under the Industrial Relations Act (NSW) 1996.

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

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

33. Training Wage

See the AWU Training Wage (State) Award 2002 published 5 April 2002 (332 I.G. 522), as varied, or any successor industrial instrument.

34. Superannuation

(i) The subject of superannuation contributions is dealt with extensively by legislation, including the Industrial Relations Act 1996, the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

(ii) The employer shall be a participating employer in any of the following funds:

Australian Public Superannuation (APS);

Australian Superannuation Savings Employment Trust (ASSET); or

any other Registered Fund agreed to by the employer and the employee

and shall participate in accordance with the Trust Deed of that fund.

(iii) The employer shall contribute to the Fund in accordance with the legislation provided that employer contributions do not fall below 3% of ordinary time earnings:

Notation: Employer contributions under relevant legislation are set at 9% from 1 July 2002.

(iv) The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund within 14 days.

(v) An employee may make contributions to the fund in addition to those made by the employer.

(vi) An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.

(vii) An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation.

(viii) All contributions shall be made at the completion of each calendar month.

(ix) Ordinary time earnings shall be defined as including:

(a) Award classification rate.

(b) Over-award payment.

(c) Shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime.

(d) Casual loading in respect to casual employees including 1/12th Annual Holiday Loading.

35. Deduction of Union Membership Fees

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

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

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

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

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

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

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

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

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

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

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

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

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

(viii) The above variations shall take effect:

(a) In the case of employers who currently deduct Union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first full pay period to commence on or after 17 March 2003;

(b) In the case of employers who do not fall within paragraph (a) above, but who currently make deductions, other than Union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions), from employees' pay, or have in place facilities to make such deductions, from the beginning of the first full pay period to commence on or after 17 June 2003.

36. Area, Incidence and Duration

This award shall apply to Soap and Candle Makers and Detergent Makers and their assistants in the State, excluding the County of Yancowinna, within the jurisdiction of the Soap and Candle Makers (State) Industrial Committee.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Soap and Candle Makers (State) Consolidated Award published 6 July 2001 (325 I.G. 1033) as varied.

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 16 April 2008.

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

PART B

MONETARY RATES

Table 1 - Wages

Classification	SWC 2006	SWC 2007	SWC 2007
	Amount	Adjustment	Amount
	$	$	$
Group I -	536.50	20.00	556.50
Employee in charge of soap
Making Chemithon Plant Operator
Group II -	525.40	20.00	545.40
Soap Boiler, including the finishing of Soap Pan
Tower Operator
Granulation Plant Operator
Fork Lift Operator
Group III -	517.20	20.00	537.20
Employees working at Pans
Kettle
Operator Amalgamator and Mill
Operator Glycerine Room
Operator Wrapping Machine
Operator Automatic Stamping Machine
Operator Liquid Detergents
Operator Mixing (Non-soap Detergents
Operator Screens and Dosing
Operator Soap Dryer
Operator Tallow Beaching
Machine Adjuster, all locations
Chemithon Assistant Operator
Weight Controller
Group IV -	511.50	20.00	531.50
Malleys Dust Collector
Jet Room Operator
Employees engaged in mechanical and/or hand crushing
Employee melting out oils and fats
Employee pumping oil to soap pans and kettles
Treatment - hand, glycerine
Assistant mixer operator, non-soapy detergent
Powder Reclaiming Operator
Group V -	505.70	20.00	525.70
Employees engaged in open air stacking, handling and
receiving raw materials
Employee filing, trucking, weighing, etc.
Employee on automatic sealing machine
Soda Boiler
Employee not elsewhere classified
Stearine and Candles -
Candle Maker	512.30	20.00	532.30
Stillman	510.10	20.00	530.10
Candle Moulder	506.70	20.00	526.70
Stearine Press Operator	504.40	20.00	524.40
Employees concentrating candle crude glycerine	504.40	20.00	524.40
Operator in charge of flat splitting plant	510.10	20.00	530.10

General Hand not elsewhere classified	504.40	20.00	524.40
Candle Manufacturer	504.40	20.00	524.40
All others	505.70	20.00	525.70

Table 2- Other Rates and Allowances

Item	Clause	Brief Description	SWC 2006	SWC 2007
No.	No.		Amount	Amount
			$	$
1	5(iv)	Leading Hand Allowance -
		In charge of 3 to 6 employees	21.65	22.50
		In charge of 7 to 10 employees	27.30	28.40
		In charge of 11 to 15 employees	32.30	33.60
		In charge of more than 15 employees	40.00	41.60
2	5(v)	Employees engaged in cleaning pits, tanks, vats and/or
		stumps and/or evaporator tubes	0.84	0.87
3	5(vi)	Employees required to empty bags of soda ash by hand	0.83	0.86
4	5(vii)	First-aid Attendant	2.80	2.90
	27(ii)
5		Meal Allowance	9.35	9.70
	15(i) and	Overtime in excess of four hours
	15(iii)	Notified of overtime

"Note": These allowances are contemporary for expense related allowances as at 30 March 2007 and for work related allowances are inclusive of adjustment in accordance with the June 2007 State Wage Case Decision of the Industrial Relations Commission of New South Wales.

E. A. R. BISHOP, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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