Coachmakers, &c., Road and Perambulator Manufacturers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1530 of 2007)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Definitions

3.        Contract of Employment

3A      Secure Employment

4.        Payment of Wages

5.        Wage Rates - Adults

6.        Junior Employees Other than Apprentices

7.        Apprenticeships

8.        Adult Apprenticeships

9.        Special Rates and Allowances

10.      Hours of Work

11.      Meal Breaks

12.      Rates for Shift Workers

13.      Rates for Sunday Work

14.      Rates for Holiday Work

15.      Overtime

16.      Mixed Functions

17.      Holidays

18.      Annual Leave

19.      Annual Leave Loading

20.      Sick Leave

21.      Personal/Carer's Leave

22.      Bereavement Leave

22A.   Parental Leave

23.      Long Service Leave

24.      Travelling Time, Accommodation and Meals

25.      Jury Service

26.      Clothing, Equipment and Tools

27.      Time and Wages Record

28.      Right of Entry

29.      Shop Stewards

30.      Notice Board

31.      Redundancy and Retrenchment Provisions

32.      Grievance Procedure

33.      Anti-Discrimination

34.      Superannuation

35.      Traineeships

36.      Training

37.      Supported Wage

38.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

Table 3 - Weekly Rates - Industry/Skill Level A

Table 4 - Weekly Rates - Industry/Skill Level B

Table 5 - Weekly Rates - Industry/Skill Level C

 

Appendix A - Industry Skill Levels

 

2.  Definitions

 

(a)      "Act" means the Industrial Relations Act 1996.

 

(b)      "Accessory" means any accessory or product which is installed, attached to, or fitted in or on a vehicle which was not installed, attached to or fitted in or on a vehicle at the point of manufacture and includes tow bars, bullbars, radios, tape or CD players, telephones, glass tinting, and other items not requiring a tradesperson's skills or knowledge for their attachment, installation or fitment, but does not include the fitment of natural or LPG gas conversions.

 

(c)      "Accessory Fitter" means a person, not being a tradesperson, who assembles and fits and/or applies accessories to vehicles.

 

(d)      "Automotive Serviceperson and/or Checker" means an adult employee, not being a tradesperson, engaged in checking and adjusting in the processes of pre-delivery or after sales service in accordance with the manufacturer's periodic service procedures, excluding any function requiring a tradesperson's skill and knowledge.

 

(e)      "Bodymaker - 1st Class" means a tradesperson engaged on the building, rebuilding, altering, without the aid of jigs, repairing or customising of passenger and/or commercial vehicle bodies, trailers and other vehicle bodies, or chassis in wood/metal and other substitute material.

 

(f)       "Bodymaker - 2nd Class" means an adult employee engaged on the building of bodies constructed with the aid of jigs.

 

(g)      "Commission" means the Industrial Relations Commission of New South Wales.

 

(h)      "Detailer" means an employee, not being a tradesperson, whose work includes that of a paint shop assistant and/or polisher and/or cutter using buff or wet and dry rubber and/or painter - brush and/or spray on mechanical and/or chassis components, in addition to the cleaning and polishing of new and/or used vehicles.

 

(i)       "Exhaust Repairer" means a person who repairs and/or replaces exhaust systems on motor vehicles, but does not include the repair, removal or replacement of any mechanical, electrical system or circuit or any electronic device associated with a motor vehicle, or any component of the engine or any other skill which falls into a trade classification.

 

(j)       "Inspector" means an employee who, in the course of their employment, is required to inspect the work of other employees.

 

(k)      "Motor Body Developer" means a tradesperson required to develop and mark up tooling work from body drafts, but does not include an employee performing work normally done by pattern makers, toolmakers, template makers, jig makers or body makers.

 

(l)       "On the Line" means sectionalised body building and assembling in which bodies in the course of building are moved on from one operative or group of operatives to another operative or group of operatives.

 

(m)     "Painter Tradesperson" means a tradesperson who is required to mix, match and apply paint and apply general trade experience.

 

(n)      "Paint shop Assistant" means an adult employee generally assisting in paint shop work, including stopping up, rubbing down, masking, cleaning up and/or applying other than finish coats.

 

(o)      "Panel Beater - 1st Class" means a tradesperson who repairs structural components, frames or panel work of motor vehicles constructed in whole or part from metal, metal alloys or substitute material and includes the formation of panels by hand or process.

 

(p)      "Precision Measurements" means measurement of a finer accuracy than is possible with the naked eye, from calliper, measuring scale or rule.

 

(q)      "Process Worker" means an employee engaged:

 

(i)       on repetition work on any automatic, semi-automatic or single purpose machine or any machine fitted with jigs, gauges or other tools rendering operations mechanical (and in connection with which the employee is not responsible for the setting up of the machine or for the dimensions of the products other than by checking with gauges which are unadjustable or, if adjustable, shall not be set by the operator); or

 

(ii)      in the assembling of parts or mechanical appliances or other articles so made in which no fitting or adjustment requiring skill is required; or

 

(iii)      in specialised processes not requiring the use of hand tools except hammers, pliers, screwdrivers, spanners and files and such tools as are necessary for deburring or removing rags or edging.

 

(r)       "Radiator Repairer - First Class" means a tradesperson working to prints or drawings or measurements applying general trade experience or knowledge to the repair or recore of radiators, heating or cooling equipment and the repair of fuel tanks and the custom building of special radiators and fuel tanks.

 

(s)       "Radiator Repairer - Other" means a person who repairs radiators, heating equipment thermostats, or fuel tanks of motor vehicles.

 

(t)       "Repairer" means an employee who repairs individual vehicles or parts of vehicles.

 

(u)      "Smith - Tradesperson" includes coachsmith, wheelwright smith, angle-iron smith and motor smith.

 

(v)      "Tradesperson" means an adult employee who, in the course of their employment, works from drawings or prints required to be scaled and/or measured from drawings or prints, or makes precision measurements, or applies general trade experience and includes locksmith and 1st Class Machinist.

 

(w)     "Trimmer - Tradesperson" means a tradesperson who is required to perform developmental work and/or work on used vehicles, and/or work on custom built units, and/or each and every function of production trim operations or such several thereof as directed by the employer.

 

(x)      "Union" means the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

 

(y)      "Welder - Tradesperson" means a tradesperson using electric arc or acetylene blow-pipe or coal gas cutting plant on work other than filling castings, cutting scrap metal using jigs and includes re- welding by hand processes.

 

(z)       "Wood Machinist - 1st Class" means a machinist who in the course of their employment is called upon to grind and set knives only or to braze, set and sharpen jig saws and to set and sharpen circular saws or to set up machines operated by other machinists or to grind knives for and set up and operate or to set and operate one or more of the following machines:  shaper spindle, linderman machine, router, tenoner, still hinge and other gainer machines.

 

"School based apprentice" is an employee who is undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.  The school based apprenticeship may commence upon the completion of the Year 10 School Certificate exams.  Such school based apprenticeships are undertaken at a minimum Certificate III Australian Qualifications Framework (AQF) qualification level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001.

 

3.  Contract of Employment

 

(a)      Full-time, Part-time or Casual Hire

 

Except as hereinafter provided, employment shall be either on a full-time, part-time or casual basis. An employee, other than a casual, engaged for the first time shall, for the first three weeks of such engagement, be employed on a probationary basis from day to day at the appropriate weekly rate fixed by this award and terminable on a day's notice.

 

(b)      Performance of Work

 

An employee shall perform such work under this award as the employer shall, from time to time, reasonably require.

 

(c)      Absence from Duty

 

(i)       An employee failing to attend for duty shall not be entitled to pay for the time of such non-attendance, except as provided for in clauses 17, Holidays, 18, Annual Leave, 20, Sick Leave, 21, Personal/Carer's Leave, 22, Bereavement Leave, 23, Long Service Leave, and 26, Clothing, Equipment and Tools, permitted by this award.

 

(ii)      Where an employee is absent from work for up to 30 minutes on any day which does not entitle the employee to payment of wages, the employer and employee can agree that such absence can be made up with work after or before normal commencing times, up to the equivalent of the said absence, which will not be subject to overtime or other penalty rates.

 

(d)      Termination of Employment

 

(i)       Notice of Termination by Employer

 

An employee, other than a casual, engaged for the first time shall, for the first three weeks of such engagement, be employed on a probationary basis from day to day at the appropriate weekly rate fixed by this award and terminable on a day's notice.  Provided that an employee who has previously served a probationary period of one week shall not be employed for a second probationary period by the same employer.

 

(1)      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.

 

(2)      For the purposes of this subclause, such notice may be given at any time but shall expire at the ordinary finishing time of a working day or shift.  Notice given before the commencement of a day's work or shift shall be deemed to have been given at the end of the previous day's work or shift, and notice given during a day's work or shift shall be deemed to be given at the end of that day's work or shift.

 

(3)      Where an employer gives an employee notice of termination of employment, the parties may mutually agree to the employment ending at any time after the giving of the notice and before expiration of the period of the notice and, in such a case, wages shall be paid only up to the time of the agreed termination.

 

(4)      Payment in lieu of the notice prescribed in subparagraphs (1) and/or (2) of this paragraph 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.

 

(5)      In calculating any payment in lieu of notice, an employee shall be paid the appropriate wages at the rate applicable as prescribed by clauses 5, Wage Rates - Adults, 6, Junior Employees Other than Apprentices, and 7, Apprenticeships, which is appropriate to the employee.

 

(6)      The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency, neglect of duty or misconduct, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

 

(7)      Where an employer gives an employee notice of termination of employment, the employee shall, at any time after having been given such notice, be entitled to give notice to the employer of the termination of their employment, but in such circumstances the employee shall pay or forfeit wages for the balance of the notice period.

 

(8)      Subject to subparagraphs (6) and (7) of this paragraph, where an employer has given notice to an employee as aforesaid, the employee shall continue in their employment until the date of the expiration of such notice.

 

(9)      For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by the Long Service Leave Act 1955.

 

(ii)      Notice of Termination by Employee

 

(1)      The notice of termination required to be given by an employee shall be the same as that required of an employer.

 

(2)      For the purpose of this subclause, such notice may be given at any time but shall expire at the ordinary finishing time of a working day or shift.  Notice given before the commencement of a day's work or shift shall be deemed to have been given at the end of the previous day's work or shift, and notice given during a day's work or shift shall be deemed to have been given at the end of that day's work or shift.

 

(3)      If an employee fails to give or work out the appropriate notice, the employer shall have the right to withhold wages due to the employee, with a maximum amount equal to the ordinary time rate of pay for the period or balance of notice.

 

(4)      Where an employee gives notice of the termination of employment the parties may mutually agree to the employment ending at any time after the giving of the notice and in such a case wages shall be paid only up to the time of the agreed termination.

 

(5)      Where an employee has given notice of the termination of employment, the employee shall, at any time after giving such notice, be entitled to give notice to the employer of the immediate termination of their employment but, in such cases, the employee shall pay or forfeit wages for the balance of the notice period.

 

(6)      Subject to subparagraphs (4) and (5) of this paragraph, where an employee has given notice as aforesaid the employee shall continue in their employment until the expiration of such notice, notwithstanding subparagraph (3) of this paragraph.

 

An employee who, having given notice as aforesaid, is absent from work during such notice period without reasonable cause (proof whereof shall be upon the employee) shall be deemed to have abandoned their employment and shall not be entitled to payment for work done by the employee within that notice period.

 

(7)      For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by the Long Service Leave Act 1955.

 

(iii)      Time Off During Notice Period

 

Where an employer has given notice of termination to an employee for reason of redundancy, the employee shall be allowed up to seven hours and 36 minutes time off without loss of pay for the purpose of seeking other employment.  The time off shall be taken at times that are convenient to the employee after consultation with the employer.

 

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

 

(v)      Summary Dismissal

 

Notwithstanding the provision of subparagraph (3) of paragraph (i) of subclause (d) of this clause, the employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency, neglect of duty or misconduct, and in such cases the wages shall be paid up to the time of dismissal only.

 

(vi)     Unfair Dismissal

 

Termination of employment by an employer shall not be harsh, unjust or unreasonable. For the purposes of this clause, termination of employment shall include terminations with or without notice. Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the grounds of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

 

(vii)     Disputes Settlement Procedure - Unfair Dismissal

 

Subject to the provisions of Part 6 of Chapter 2 of the Industrial Relations Act 1996, any dispute or claim arising under paragraph (vi) of this subclause should be dealt with in accordance with clause 32, Grievance Procedure.

 

(e)      Casual Employment

 

(i)       A casual employee is one engaged and paid as such.  The maximum period for which a casual employee can work continuously on a full-time basis (i.e., the total daily and weekly hours elsewhere prescribed in this award) shall be one month. In any case where such full-time employment extends beyond one month, the employee shall thereafter be deemed to be employed on a full-time or part-time basis.

 

(ii)      A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the work which the employee performs, plus 15 per cent.

 

(f)       Part-time Employment

 

(i)       An employee may be engaged by the week to work on a part-time basis. For the purposes of this Award, part-time work is work of a lesser number of hours than constitutes full-time work under this Award, other than casual work.

 

(ii)      To the extent that any provision of this Award is based on an employee engaged on a full-time basis, the provision is to apply pro-rata to part-time work under this Award.

 

3A.  Secure Employment

 

(a)      Objective of this Clause

 

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

 

(b)      Casual Conversion

 

(i)       For the avoidance of any doubt this clause does not apply to casuals who work continuously on a full time basis. The right of casual employees who work on a full time basis to convert to another type of employment is set out in clause 3 (e)(i).

 

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

 

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

 

(iv)     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.

 

(v)      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.

 

(vi)     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.

 

(vii)     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.

 

(viii)    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.

 

(ix)     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.  Payment of Wages

 

(a)

 

(i)       All wages shall be paid weekly or, with the agreement of the majority of employees working under the terms of this award, fortnightly.  Such wages shall be paid in cash or, with the agreement of the majority of employees working under the terms of this award, by cheque or direct transfer into a bank account or financial institution nominated by the employee.  Where wages are paid by direct transfer, the employer will pay any bank or other charges associated with such method of payment.

 

(b)      An established pay day and/or pay period shall not be changed except by not less than four weeks' notice by the employer to the employees, but, subject to agreement between the employer and the majority of the employees working under the terms of this award, this period of notice can be less.

 

(c)      Wages shall be paid in the employer's time not later than Thursday in any pay week, provided that wages shall be paid if possible not later than Wednesday in a week in which a holiday falls on the Thursday or Friday.

 

(d)      Where wages are paid after 1.30 p.m. on pay day, the employer shall not keep more pay in hand than has accrued to an employee in respect of work performed on such pay day and the preceding day. Where wages are paid before 1.30 p.m. on pay day, the employer shall not keep more pay in hand than has accrued to an employee in respect of work performed on such pay day and the two preceding days.

 

(e)      Upon termination of the employment, the employer shall pay wages due to an employee:

 

(i)       on the day of such termination; or

 

(ii)       by forwarding such wages to the employee by post on the next working day; or

 

(iii)      at the employer's place of business on a stated day not later than seven days after such termination.  If the employer requires the employee to visit such place of business to collect their wages then, in addition to the amount of moneys due, the employer shall pay the employee an additional four hours' ordinary pay.

 

(f)       Subject to Section 118 of the Industrial Relations Act 1996, an employer may for a lawful purpose deduct from wages due to an employee such amount as is authorised in writing by the employee, provided that an employee may give written notice of withdrawal of such authority.

 

(g)      Subject to clause 7 of Division 1 of Part 4 of the Industrial Relations (General) Regulation 2001, on or prior to pay day an employer shall state to each employee in writing the:

 

(1)      date of payment;

 

(2)      employee's classification;

 

(3)      gross amount of  wages, including overtime and  other earnings;

 

(4)      the amount paid as overtime or such information as will enable the amount paid as overtime to be calculated by the employee;

 

(5)      the amount deducted for taxation purposes;

 

(6)      the particulars of all other deductions;

 

(7)      the net amount paid.

 

5.  Wage Rates - Adults

 

(a)      Subject to the exceptions and exemptions provided for in this award, an adult employed in a classification or on a class of work specified in subclause (b) of this clause (other than an apprentice) or Junior Employees shall be paid the minimum classification rate, as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(b)      For the purpose of subclause (a) of this clause, the following classifications shall apply:

 

Classification	Wage Group Level
Accessory Fitter	4
Airhammer Operator	3
Assembler when not on the line (other than a process
worker or a 1st or 2nd class bodymaker) or other tradesperson	3
Assembler of accessories	4
Assembler of bodies or parts of bodies on the line	4
Automotive Dismantler	3
Automotive Serviceperson and/or Checker	4
Bodymaker - 1st class	5
Bodymaker - 2nd class	4
Dent Knocker	4
Detailer - defined	3
Detailer - other	2
Exhaust Repairer	4
Labourer-Janitor	1
Metal Finisher	4
Motor Body Developer	7
Painter - brush and/or spray	4
Paintshop Assistant	3
Painter - Tradesperson	5
Panel Beater - 1st class	5
Plastics Developer - 1st class	7
Polisher and/or Cutter using buff or wet and dry rubber	3
Power Press Operator	3
Process Worker	2
Radiator Repairer - 1st class	5
Radiator Repairer - other	4
Sewing Machinist	3
Signwriter	5
Smith - Tradesperson	5
Spotter and/or toucher up - not requiring trade skill	4
Steam Cleaner and/or Proof Coater	3
Stopper-up	3
Tradesperson Marker-off (a tradesperson the greater part
of whose time in any weekly pay period is occupied in marking off)	6
Trimmer - other, including cutter by hand	4
Trimmer - sectional	4
Trimmer - Tradesperson as defined	5
Washer - vehicle and/or vehicle components	2
Welder - Tradesperson	5
Welder - electric spot and butt	3
Welder - oxy-acetylene and/or electric arc (other than tradesperson)
including employee cutting by means of hand or machine torch	4
Wheelwright and Wheelmaker	5
Wood Turner and Woodwork Machinist - 1st class	5

 

(c)      Leading Hands

 

In addition to the rates elsewhere prescribed in this award, leading hands shall be paid the rates as set out in Items 1, 2 and 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(d)      Inspectors

 

An inspector shall receive an amount as set out in Item 4 of the said Table 2.

 

(e)      Tool Allowance - Tradespersons and Apprentices

 

(i)       A tradesperson required by the employer to supply their own hand tools shall be paid, in addition to the rates elsewhere prescribed, an allowance as set out in Item 5 of Table 2 for supplying and maintaining tools ordinarily required in the performance of work as a tradesperson.

 

(ii)      Notwithstanding anything elsewhere contained in this award, such tool allowance shall not be subject to overtime, shift premium or other penalty additions or annual leave loading.

 

(iii)      This allowance shall apply to apprentices on the same percentage basis as set out in paragraph (i) of subclause (i) of clause 7, Apprenticeships, and rounded to the nearest ten cents.

 

(iv)     Any tradesperson who is not in receipt of a tool allowance as prescribed by the said subclause (i) shall be provided by their employer with all tools necessary for the performance of the employee's duties.

 

(v)      Notwithstanding paragraph (i) of this subclause, an employee shall provide:

 

(1)      all necessary power tools, special purpose tools, precision measuring instruments and snips used in the cutting of stainless steel or similar hard metals;

 

(2)      for woodworkers, where required, bench, bench vice, cramps above 100 millimetres, files (including saw files), rasps, hand  drills, hacksaw frames and blades, bits and parallel shank drills up to 6.3 millimetres and snips.

 

(vi)     Tradespersons shall replace or pay for any tools so supplied by their employer if lost through their negligence.

 

(vii)     Any dispute arising as to the operation of this subclause shall apply the procedures as prescribed in clause 32, Grievance Procedure.

 

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

 

(i)       any equivalent overaward payments, and/or

 

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

 

6.  Junior Employees Other Than Apprentices

 

(a)      Except as provided in paragraph (i) of subclause (d) of this clause and subject to clause 7, Apprenticeships, unapprenticed junior workers may be employed in any occupation covered by this award.

 

(b)

 

(i)       The minimum weekly wage rate for an unapprenticed junior employee shall be an amount equal to the undermentioned relevant percentage of the ordinary weekly wage prescribed by this award for an adult Process Worker:

 

Age	Percentage
	%
Under 16 years of age	35
16 years of age	45
17 years of age	55
18 years of age	65
19 year of age	78.5
20 years of age	95

 

(ii)      The above percentages shall be calculated in multiples of ten cents, amounts less than five cents being taken to the lower multiple and amounts of five cents or more being taken to the higher multiple.

 

(c)      Proof of Age

 

An employee whom the employer has reasonable grounds for suspecting is under the age of 21 years shall, if required, furnish proof of age by means of a birth certificate or other proof satisfactory to the employer or statutory declaration by parent or guardian. The employer shall be entitled to rely upon such proof.

 

(d)      Prohibited Work

 

(i)       An unapprenticed junior employee (other than a probationer for apprenticeship) shall not be employed in a trade listed in clause 7, Apprenticeships.

 

(ii)      A junior employee under the age of 16 years shall not be employed on oil or gas burners or fires used for heating of small articles, or use electric arc or oxy-acetylene blow pipe.

 

(iii)      A junior employee under the age of 18 years shall not be employed as a furnaceman or assistant furnaceman or as an operator of a power-driven guillotine or on die-setting work on a power press.

 

(iv)     A junior employee under the age of 18 years shall not be employed between the hours of 9.00 p.m. and 6.30 a.m.

 

(v)      No junior employee under the age of 18 years shall be left working on their own between the hours of 7.00 p.m. and 6.30 a.m.

 

7.  Apprenticeships

 

(a)

 

(i)       An employer shall not employ minors in the following trades or occupations, otherwise than under a contract of apprenticeship as hereinafter provided:

 

Bodymaker - 1st class;

 

Painter - tradesperson;

 

Signwriter;

 

Smith, including coachsmith, springmaker, and springfitter, wheelwright smith and general smith;

 

Panel Beater - 1st class;

 

Trimmer tradesperson;

 

Welder - tradesperson;

 

Wood turner and Woodwork Machinist - 1st class.

 

(ii)      Nothing in this subclause shall in any way control, restrict or prohibit the engagement of a minor as an apprentice in any other trade which may from time to time be proclaimed, specified or prescribed as an apprenticeship trade.

 

Indentured Apprentices

 

(1)      Within 14 days of employment of a probationer, the employer shall notify the Commissioner for Vocational Training thereof and apply in the form prescribed for approval to establish an apprenticeship.

 

(2)      On receipt of a notification and application pursuant to subparagraph (1), the Commissioner shall cause inquiries to be made as to whether approval should be given to the application and may approve of the application or refer the application to the Vocational Training Tribunal which may approve the application or make such order as it considers appropriate to the particular case, including an order that the probationer be no longer employed by the applicant.

 

(3)      Where an application under subparagraph (1) has been approved, the Commissioner shall notify the applicant accordingly and, on the expiration of the period of probation or as soon as practicable thereafter, shall forward an indenture of apprenticeship to the employer for completion.

 

(4)      An employer to whom an indenture of apprenticeship is forwarded for completion shall arrange for the completion and return thereof to the Commissioner who shall retain the indenture during the term of apprenticeship to which it relates.

 

(5)      During the period of probation, whether or not a notification of the employment of the probationer has been forwarded to the Commissioner, the terms of an award applying to apprentices in the industry in which the probationer is employed shall, with the necessary changes, apply to and in respect of the employment of the probationer during the probationary period as if the employee were an apprentice.

 

(6)      An employer who terminates the employment of a probationer shall forthwith notify the Commissioner, in writing, of that termination.

 

(a)      Contract of Apprenticeship

 

(i)       Every contract of apprenticeship made after the publication of this award shall be in accordance with the Apprenticeship and Traineeship Act 2001.

 

(ii)       An employer, apprentice or probationer shall have the right to make application to the Commissioner for Vocational Training on any matter affecting the apprenticeship.

 

(iii)      Subject to the approval of the Commissioner for Vocational Training, but not otherwise, an employer may transfer an apprentice and place the apprentice temporarily with another employer for training purposes.

 

(iv)      An employer of a probationer apprentice shall advise the probationer and the probationer’s parents or guardian of the intention to proceed or not with the indenturing at least two weeks before the expiry date of the probation period.

 

(c)      Proportion

 

(i)       Unless otherwise agreed between the employer and a representative of the union, or the Commissioner in the case of disagreement, the proportion of apprentices that may be taken by an employer shall be one apprentice to every two or fraction of two tradespersons in each section of the industry.

 

(ii)       The number of tradespersons shall be deemed to be the average number working within the trade classification during the immediately preceding six months.

 

(iii)      A person who, for a period not exceeding two years, is taking practical training in a workshop in continuance of a course of training for professional work, shall not be taken into account in calculating the proportion of apprentices to tradespersons.

 

(d)      Form of Apprenticeship

 

(i)       The term of apprenticeship shall be for a period of four years, calculated from the commencement of the probationary period.

 

(ii)       The apprentice, at the end of the calendar period of any year in which the apprentice has given service to the employer upon less than the ordinary working days prescribed in the award for the trade or on which the apprentice has unlawfully absented himself/herself without the employer's consent may, for every day short of the said number of working days and for every day of each absence, be required by the employer to serve one day, in which case the calendar period of the succeeding year of the apprentice’s service shall not be deemed to begin until the said additional day or days shall have been served.  Provided that, in calculating the extra time to be so served, the apprentice shall be credited with time which has been worked during the relevant year in excess of the ordinary hours.

 

(iii)      The employer shall, in addition to the obligations prescribed in paragraph (ii) of this subclause, notify the appropriate apprenticeship authority in writing of the intention to require the apprentice to serve an additional day for each day not served within the year.

 

(e)      Credits

 

If the apprentice is indentured and the Vocational Training Board is satisfied that the apprentice:

 

(i)       Has had experience relevant to the trade concerned by having successfully completed a pre-apprenticeship trade course in any one of the trades referred to in clause 5, Wage Rates - Adults, at a recognised technical college and is indentured to that trade, the apprentice shall be credited with one month for each month to a maximum of six months so served in the trade indentured to.

 

(ii)       For the purposes of determining wages payable to an apprentice under this award for a four-year term, the credit to which an apprentice is entitled or granted pursuant to paragraph (i) of this subclause shall be counted as part of the apprenticeship term completed.

 

(iii)      Where an apprentice who received a credit towards the period of apprenticeship pursuant to this subclause fails, in the opinion of the Vocational Training Board, to make satisfactory progress, the Vocational Training Board may require the apprentice to serve such additional period as it determines, not exceeding the amount of the credit.

 

(f)       Probationary Period

 

A person desirous of becoming an indentured apprentice shall be first employed as a probationer apprentice for three months, or for such longer period, not exceeding six months in all, as the apprenticeship authority may, on application by the employer, approve, and where a probationer becomes an indentured apprentice, the probationary period shall be counted as part of the term of apprenticeship.  An employer shall, within 14 days of employing a probationer, notify the Commissioner for Vocational Training of the employment of such probationer to any of the trades mentioned herein.

 

(g)      Dismissal, Suspension, Termination

 

(i)       On the signing of the indenture of apprenticeship by all the parties thereto, the employer party to the indenture shall neither dismiss nor suspend the apprentice without the approval of the -

 

(a)      Commissioner for Vocational Training in the case of dismissal; or

 

(b)      Commissioner for Vocational Training in the case of suspension, or

 

(c)      by the mutual consent of the parties where the employer is unable to find suitable employment for an apprentice caused through the lack of orders or financial difficulties following notification to the Commissioner for Vocational Training.

 

(ii)       Any covenant in an indenture inconsistent with the provisions of this clause shall be null and void and of no force or effect while this award remains in force and applies to the parties of the indenture.

 

(h)      Instruction in Welding - The training of apprentices shall include instruction in electric welding and/or oxy-acetylene welding or other forms of welding developed for the fusion of metal and/or other material as far as it is practicable with the facilities in the establishment in which they are being trained.

 

(i)       Wages

 

(i)       Except as provided in paragraph (iii) of this subclause, the minimum weekly rate of wage for apprentices shall be an amount equal to the undermentioned relevant percentage of the ordinary weekly wage prescribed by this award for a Bodymaker - 1st Class and, in all contracts of apprenticeship hereinafter made, the employer shall covenant to pay not less than such rate.

 

Year of Term	Percentage
	%
1st yea	44.50
2nd year	58.25
3rd year	77.25
4th year	89.00

 

(ii)       The above percentages shall be calculated in multiples of ten cents, amounts of five cents or more being taken to the higher multiple and amounts of less than five cents being taken to the lower multiple.

 

(iii)      An employee at the expiration of the apprenticeship who thereafter works as a minor in the occupation to which the employee has been apprenticed shall be paid at not less than the adult rate prescribed by this award for that classification.

 

(j)       Hours

 

(i)       The ordinary hours of employment of apprentices in each workshop shall not exceed those of the tradesperson.

 

(ii)       Holidays, Annual Leave, Sick Leave and Bereavement Leave - An apprentice shall be entitled to holidays, annual leave, sick leave, personal/carer's leave and bereavement leave in accordance with the provisions of clauses 17, Holidays, 18, Annual Leave, 20, Sick Leave, 21, Personal/Carer's Leave, and 22, Bereavement Leave, respectively.

 

(k)      Payment by Results

 

An apprentice shall not work under any system of payment by results.

 

(l)       Computation of Time Spent in Classes

 

Any time occupied by an apprentice during working hours in attendance at a technical college or in carrying out a correspondence course, as required by the terms of an award (including time actually spent in travelling to and from a technical college) shall:

 

(i)       be counted as and included as part of the apprentice’s term of apprenticeship; and

 

(ii)       shall be deemed to be time worked for the purpose of calculating wages to be paid to the apprentice under any award.

 

(m)     The Commissioner - Definition

 

For the purpose of this clause, "the Commissioner" shall mean the Commissioner for Vocational Training.

 

(n)      Wages for school based apprentice

 

(i)       The hourly rates for full time apprentices as set out in this Award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the job training.

 

(ii)       For the purposes of subclause (a) of this clause, where a school based apprentice is a full time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week. The wages paid for training time may be averaged over the school term or year.

 

(iii)      Where this Award specifies a weekly rate for full time apprentices the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

(o)      Progression through Wage Structure

 

(i)       School based apprentices progress through the wage scale at the rate of 12 months’ progression for each two years of employment as an apprentice.

 

(ii)       The rates of pay are based on a standard apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

 

(p)      Conversion from a school based to a full time apprenticeship

 

Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full-time apprentice counts for the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the progression achieved as a school based apprentice.

 

(q)      Conditions of Employment

 

Except as provided by this award, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

(r)       Disputes and Disciplinary Matters

 

The provisions of the Apprenticeship and Traineeship Act 2001 shall apply for the resolution of disputes and disciplinary matters. 

 

8.  Adult Apprenticeships

 

(a)      Definitions

 

An "adult apprentice" means an adult person at the time of entering into an indenture to one of the trades in clause 5, Wage Rates - Adults.

 

(b)      Contract of Indenture

 

(i)       A suitable contract of indenture shall be drawn up between the adult apprentice and the employer stipulating:

 

(1)      the names of the parties;

 

(2)      a statement of the trade or trades to which the adult apprentice is to be bound and which the adult apprentice is to be taught during the course and for the purpose of the apprenticeship;

 

(3)      the duration of the contract;

 

(4)      the credits to be granted in accordance with paragraph (ii) of this subclause;

 

(5)      the details of the training to be successfully completed in order to gain recognition as a tradesperson;

 

(6)      a covenant by the employer to teach and instruct or cause the adult apprentice to be taught or instructed in the trade to which the adult apprentice is bound;

 

(7)      a covenant that for the duration of the contract of indenture the adult apprentice shall be of good conduct and shall diligently pursue their course of instruction;

 

(8)      the date on which the apprenticeship is to commence or from which it is to be calculated;

 

(9)      all other conditions of apprenticeship.

 

(ii)      The training to be completed by an adult apprentice under a contract of indenture will be determined by the relevant State Training Authority through its approved agencies, based upon training credits being granted for the relevant working experience and educational standard obtained by the apprentice.

 

(c)      Wage Rate

 

(i)       Where a person was employed by an employer in the vehicle or metal and engineering industry immediately prior to becoming an adult apprentice with that employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming indentured.  For the purposes of fixing a rate of pay, the adult apprentice shall continue to receive the rate of pay that is from time to time applicable to the classification or class of work specified in clause 5, Wage Rates - Adults, and in which the adult apprentice was engaged immediately prior to entering into the contract of indenture.

 

(ii)      Subject to paragraph (i) of this subclause, the rate of pay of an adult apprentice shall be the wage prescribed by Table 1 - Wages, of Part B, Monetary Rates, except where such a rate is lower than the rate of a corresponding year for an apprentice.

 

(d)      Proportion

 

An adult apprentice shall not be taken into account in determining the ratio of apprentices to tradespersons.

 

(e)      Preference

 

(i)       Preference of employment as an adult apprentice should be given to an applicant who is currently employed by the employer so as to provide for genuine career path development.

 

(ii)      Adult apprentices shall not be employed at the expense of other apprentices.

 

9.  Special Rates and Allowances

 

In addition to the wages prescribed elsewhere in the award, the special rates and allowances hereinafter appearing shall be paid to an employee.

 

(a)      Confined Spaces

 

An employee, other than one working on a vehicle or parts of a vehicle, working in a confined space or place the dimensions of which necessitate the employee working in a stooped or otherwise cramped position or without proper ventilation, shall be paid an amount as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(b)      Dirty Work

 

(i)       An employee doing work which a foreperson and the employee shall agree is of an unusually dirty or offensive nature shall be paid an amount as set out in Item 7 of Table 2.

 

(ii)      In any case coming within this subclause, the minimum payment on any day or shift shall be an amount as set out in Item 8 of Table 2; provided, however, that the said minimum payment of an amount as set out in Item 6 of Table 2 shall not be payable in respect of a specific job when other higher special rates are payable for that job on the same day or shift and such higher rate exceeds an amount as set out in the said Item 6 on the particular day or shift.

 

(iii)      In the case of disagreement between the foreperson and the employee, the employee or shop steward on their behalf shall be entitled, within 24 hours, to ask for a decision on the employee's claim by the employer's industrial officer (if there be one) or otherwise by the employer or the executive officer responsible for the management or superintendence of the plant concerned. In such a case a decision shall be given on the employee's claim within 48 hours of its being asked for (unless that time expires on a non-working day, in which case it shall be given during the next working day) or else the said allowance shall be paid.

 

(iv)     In any case where a union alleges that an employer or their representative is unreasonable or capricious in relation to such a claim, it shall have the right to bring such a case before the Industrial Registrar pursuant to section 130 of the Industrial Relations Act 1996.

 

(c)      Height Money

 

An employee working on structures at a height of 15 metres or more directly above the nearest horizontal plane shall be paid an amount as set out in Item 9 of Table 2.

 

(d)      Hot Places

 

(i)       Employees working for more than one hour in the shade:

 

(1)      in places where the temperature is raised by artificial means to between 35 degrees Celsius and 55 degrees Celsius shall be paid an amount as set out in Item 10 of Table 2;

 

(2)      in places where the temperature exceeds 55 degrees Celsius shall be paid an amount as set out in Item 11 of Table 2.

 

(ii)      Where work continues for more than two hours in temperatures exceeding 55 degrees Celsius, an employee shall also be entitled to 20 minutes' rest after every two hours' work without deduction of pay.

 

(iii)      The temperature shall be decided by the foreperson of the work after consultation with the employee who claims the extra rate.

 

(e)      Glass or Slag Wool

 

(i)       An employee handling loose slag wool, loose insulwool, or other material of a like nature used for providing insulation against heat, cold or noise on the construction, repair or demolition of furnaces, walls, floors, and/or ceilings shall be paid an amount as set out in Item 12 of Table 2.

 

(ii)      Fibreglass Work

 

(1)      An employee required to grind, drill, file or saw fibreglass shall be paid an additional amount as set out in Item 13 of Table 2.

 

(2)      In any case coming within this subclause the minimum payment shall be an amount as set out in Item 14 of Table 2 where the disability occurs during the second half of the day or shift, and an amount as set out in Item 14A of Table 2 where the disability occurs during the first half of the day or shift.

 

(f)       Drivers Handling Garbage

 

An employee employed as a driver of a vehicle handling garbage shall be paid an amount as set out in Item 15 of Table 2.

 

(g)      Livestock Transport

 

An employee working on the underside or the body of the stock compartment of a vehicle which has been regularly used in the carriage of livestock and which has not been cleaned down immediately before service shall be paid an amount as set out in Item 16 of Table 2.

 

(h)      First-Aid Qualifications

 

(i)       An allowance of an amount as set out in Item 17 of Table 2 shall be paid to employees with the first-aid responsibility and where satisfactory qualifications are held.

 

(ii)      This extra rate is not subject to the limitation prescribed by paragraph (i) of this subclause but is payable in addition to any other rate or allowance prescribed by this clause.

 

(i)       Special Rates Not Cumulative

 

Where more than one of the disabilities entitling an employee to extra rates exists on the same job, the employer shall be bound to pay only one rate, namely the highest, for the disabilities so prevailing.  Provided that, where an employee suffers more than one disability at the same time and such disabilities provide for the payment of extra rates for dirty work, working at heights or in confined spaces, the employee shall be entitled to receive extra rates in respect of each of the aforesaid disabilities so suffered.

 

(j)       Rates Not Subject to Penalty Additions

 

The special rates and allowances prescribed by this clause shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.

 

10.  Hours of Work

 

(a)      Hours of Work shall be an average of 38 per week to be worked on one of the following bases:

 

(i)       38 hours within a work cycle not exceeding seven consecutive days; or

 

(ii)      76 hours within a work cycle not exceeding 14 consecutive days; or

 

(iii)      114 hours within a work cycle not exceeding 21 consecutive days; or

 

(iv)     152 hours within a work cycle not exceeding 28 consecutive days.

 

(b)      The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday, and between 7.00 a.m. and noon on Saturday. In localities where the recognised half-holiday is on a day other than Saturday, the day so recognised may be substituted for Saturday for all purposes of this award.

 

(c)      The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 a.m. and 6.00 p.m.  Provided that the spread of hours may be altered by mutual agreement between an employer and the majority of employees in the plant or section or sections concerned.

 

Provided further that work done prior to the spread of hours fixed in accordance with this subclause for which overtime rates are payable shall be deemed for the purpose of this subclause to be part of the ordinary hours of work.

 

(d)      The ordinary hours of work prescribed herein shall not exceed ten on any day, provided that:

 

(i)       in any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between an employer and the majority of employees in the plant or work section or sections concerned; and

 

(ii)      by arrangement between an employer, the majority of employees and the union, where applicable, in the plant or work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked, subject to:

 

(1)      the employer and the employees 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 being introduced;

 

(3)      suitable roster arrangements being made; and

 

(4)      proper supervision being provided.

 

(e)      Five-Day Week

 

(i)       In any case in which the ordinary week's work of 38 hours can be performed on five days as aforesaid without:

 

(1)      detriment to the public interest;

 

(2)      loss in the value of goods handled or to be handled;

 

(3)      reducing the efficiency of production; or

 

(4)      reducing the efficiency of the necessary service, and a majority of the employees in such workshop or establishment desire to work their ordinary hours in five days as aforesaid, the employer shall adopt a five-day week in such workshop or establishment.  Any dispute as to whether the ordinary hours of work can in any case or cases be worked in five days without detriment, loss or reduction, as aforesaid, shall be determined by the Industrial Relations Commission of New South Wales upon application made by or on behalf of the employees.  Upon such an application, proof that the working of a five-day week will result in such detriment, loss or reduction as aforesaid shall be upon the employer.

 

(ii)      It is a condition of the allowing of a five-day week hereunder that, if required, employees shall comply with the reasonable and lawful orders of the employer as to working overtime, including the working of overtime on Saturday.

 

(f)       Except as provided in subclauses (g) and (h) of this clause, the method of implementation of the 38-hour week may be any one of the following:

 

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

 

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

 

(iii)      by fixing one weekday on which all employees will be off during a particular work cycle; or

 

(iv)     by rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

 

(g)      Subject to the provision of subparagraph (1) of paragraph (iv) of subclause (a) of clause 12, Rates for Shift Workers, the employer and the majority of employees in the plant or section or sections concerned may agree that the ordinary working hours are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

 

(h)      Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the plant or establishment concerned.

 

(i)       Notice of Days Off

 

Except as provided in subclause (j) of this clause, in cases where, by virtue of arrangement of the ordinary working hours, an employee, in accordance with paragraphs (iii) and (iv) of subclause (f) of this clause, is entitled to a day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to take off.

 

(j)       Substitute Day

 

(i)       An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with the said paragraphs (iii) and (iv) of subclause (f) of this clause, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

 

(ii)      An individual employee, with the agreement of the employer, may substitute the day to be taken off for another day.

 

(k)

 

(i)       Notwithstanding any other provision in this clause an employer, to suit any special circumstances, may reach agreement  with an individual employee or a group or section of employees, to defer the taking of up to five days of accumulated time off.

 

(ii)      An individual employee, with the agreement of the employer, may defer the taking of time off up to a maximum of five days.

 

(iii)      Where agreement has been reached in accordance with paragraphs (i) and (ii) of this subclause, accumulated time off must be taken within six months of the date on which agreement to defer was reached.

 

11.  Meal Breaks

 

(a)      Meal breaks shall be for a period of not less than 30 minutes and not more than 60 minutes.

 

(b)      An employee shall not be required to work for more than five hours without a break for a meal, provided that:

 

(i)       in cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours, an employee shall not be required to work for more than six hours without a break for a meal; and

 

(ii)      by agreement between an employer and the majority of employees in the plant, work section or sections concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.

 

(c)      The time of taking a scheduled meal break or rest 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.

 

(d)      An employer may stagger the time of taking a meal and rest break to meet operational requirements.

 

(e)      Subject to the provision of subclause (a) of this clause, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while such plant is idle.

 

(f)       Except as provided in subclauses (b), (c) and (d) of this clause, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

 

12.  Rates for Shift Workers

 

(a)      Continuous Work Shifts

 

(i)       For the purposes of this clause, the expression "continuous work" means work carried on with consecutive shifts of employees throughout 24 hours of each of at least five consecutive days without interruption except during breakdowns or meal breaks (if any).

 

(ii)      An employee working on continuous work shifts shall work thereon such number of shifts up to six per week as may be required.

 

(iii)      This subclause shall apply to shift workers on continuous work as hereinbefore defined.  The ordinary hours of shift workers shall average 38 per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days. Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days. Subject to the following conditions, such shift workers shall work at such times as the employer may require.

 

(iv)     A shift shall consist of not more than ten hours inclusive of crib time, provided that:

 

(1)      in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned; and

 

(2)      by agreement between an employer, the majority of employees and the union where applicable, in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked, subject to:

 

(a)      the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12-hour shifts;

 

(b)      proper health and monitoring procedures being introduced;

 

(c)      suitable roster arrangements being made; and

 

(d)      proper supervision being provided;

 

(3)      except at the regular changeover of  shifts an employee shall not be required to work more than one shift in each 24 hours;

 

(4)      twenty minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked.

 

(v)      The ordinary hours prescribed by this subclause shall be worked continuously.

 

(b)      Shifts Other than Continuous Shift Work

 

This subclause shall apply to shift workers not upon continuous work as hereinbefore defined. Subject to subclauses (f) to (k), of clause 10, Hours of Work, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

 

(i)       38 hours within a period not exceeding seven consecutive days; or

 

(ii)      76 hours within a period not exceeding 14 consecutive days; or

 

(iii)      114 hours within a period not exceeding 21 consecutive days; or

 

(iv)     152 hours within a period not exceeding 28 consecutive days.

 

(v)      The ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

(vi)     Provided that:

 

(1)      the ordinary hours of work prescribed herein shall not exceed ten hours on any day;

 

(2)      in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned; and

 

(3)      by agreement between an employer, the union or unions concerned and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

 

(a)      the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12-hour shifts;

 

(b)      proper health and monitoring procedures being introduced;

 

(c)      suitable roster arrangements being made;

 

(d)      proper supervision being provided.

 

(vii)     Provided that the ordinary hours of work prescribed herein shall not exceed 10 hours on any day. Provided that if any arrangement of ordinary working hours is to exceed eight on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

 

(c)      Variation of Working Shifts

 

The method of working shifts may in any case be varied by agreement between the employer, the employee/s or the union, where applicable, to suit the circumstances of the establishment or, in the absence of agreement, by seven days' notice of alteration given by the employer to the employees concerned and thereafter shall only be altered in like manner.

 

Any disputes arising in relation to this subclause shall be subject to the provisions of clause 32, Grievance Procedure.

 

(d)      Commencing and Finishing Times

 

Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

(e)      Prohibition on Juniors

 

No employee under the age of 16 years shall be required or permitted to work on afternoon or night shift.

 

(f)       For the purpose of this clause:

 

(i)       "Afternoon Shift" means a shift commencing not later than 6.00 p.m. on any day.

 

(ii)      "Night Shift" means a shift commencing any time after 6.00 p.m. on any day.

 

(g)      An employee on an afternoon or night shift (other than a continuous work shift) as defined in subclause (f):

 

(i)       which does not continue for five successive working afternoons or nights or more in a five-day workshop or six successive afternoons or nights or more in a six-day workshop or for at least the number of ordinary hours prescribed by one of the alternative arrangements  in subclauses (a) and (b) of this clause shall be paid at the rate of time and one-half for each such shift;

 

(ii)      which has been in operation for five successive afternoons or nights or more in a five-day workshop or six successive afternoons or nights or more in a six-day workshop shall be paid, in addition to their ordinary rate, an amount equal to the following relevant percentage of their ordinary rate:

 

(1)      30 per cent for working on night shift only;

 

(2)      18 per cent for working on alternating night and afternoon shifts;

 

(3)      12.5 per cent for the night shift, working on alternating day and night shifts;

 

(4)      18 per cent for working on afternoon shift only;

 

(5)      12.5 per cent for the afternoon shift, working on alternating day and afternoon shifts; and

 

(6)      12.5 per cent for the afternoon and night shifts, working on alternating day, afternoon and night shifts.

 

(h)      The extra rates prescribed by subparagraphs (2), (5) and (6) of paragraph (ii) of subclause (g) shall be payable only when shifts are changed once in every three weeks or shift cycle agreed pursuant to paragraph (iii) of subclause (a) or paragraph (i) of subclause (b); otherwise the extra rates prescribed by subparagraphs (1) and (4) of paragraph (ii) of subclause (g) shall apply.

 

(i)       An employee working continuous work shifts shall, whilst on an afternoon or night shift, be paid in addition to their ordinary rate an amount equal to ten per cent of their ordinary rate.

 

(j)       The minimum rate to be paid to a night shift only worker for work performed between midnight on Friday and midnight on a Saturday shall be time and one quarter, such rate to be in substitution for and not cumulative upon the shift premiums prescribed in subclauses (g) and (h) of this clause.

 

Payments prescribed by this clause shall stand alone and shall not be included for any other purposes of this award.

 

13.  Rates for Sunday Work

 

Work performed on Sundays shall be paid for at the rate of double ordinary time, with a minimum payment for one hour.

 

14.  Rates for Holiday Work

 

Work performed on public holidays and union picnic day shall be paid for at the rate of two and one-half times the ordinary rate, with a minimum payment for one hour.

 

15.  Overtime

 

(a)      For all work done outside ordinary hours the rates of pay shall be time and a half for the first three hours and double time thereafter, to continue until the completion of the overtime work. The same provisions and conditions shall apply to juniors and apprentices.  Except as provided in this subclause and subclause (b) of this clause, in computing overtime each day's work shall stand alone.

 

(b)      When overtime 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.  An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of ordinary work on the next day 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 they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If, on the instructions of their employer, such an employee resumes or continues work without having had such consecutive hours off duty, the employee shall be paid at double rates until they are released from duty for such period and they 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.

 

(c)      An employee recalled to work overtime after leaving their employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours' work at the appropriate rate for each time the employee is so recalled.  Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job they were recalled to perform is completed within a shorter period.  This subclause shall not apply in cases where it is customary for an employee to return to their employer's premises to perform a specific job outside the employee's ordinary hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause (b) of this clause where the actual time worked is less than three hours on such recall or on each of such recalls.

 

(d)      Subject to any custom now prevailing under which an employee is required to regularly hold themselves in readiness for a call back, an employee required to do so after ordinary hours shall, until released, be paid standing- by time at ordinary rates from the time from which the employee is so required.

 

(e)      For work done during meal hours and thereafter until a meal break is allowed, time and a half rates shall be paid. An employee shall not be compelled to work for more than six hours without a break for a meal.

 

(f)       An employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle.

 

(g)      An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.  An employee required to work overtime for more than one and a half hours (or, in the case of an employee engaged in production, for more than two hours) shall before starting overtime after working ordinary hours be allowed a meal break of 20 minutes which shall be paid at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

 

(h)      An employee required to work overtime for more than two hours without being notified the previous day or earlier that they will be so required to work shall either be supplied with a meal by the employer or be paid an amount as set out in Item 18 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each meal, but such payment need not be made to an employee living in the same locality as the workshop who can reasonably return home for meals.  Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed.

 

If an employee, pursuant to notice, has provided a meal or meals and is not required to work overtime or is required for less than the amount advised, the employee shall be paid as above prescribed for meals which the employee had provided but which are surplus.

 

(i)       When an employee, after having worked overtime or a shift for which the employee has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide to the employee a conveyance home, or pay current wage for the time reasonably occupied in reaching home.

 

(j)       Where practicable, no apprentice under the age of 18 years shall be required to work overtime or shift work; provided that no apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent the apprentice attending technical college or when the apprentice would be unsupervised.

 

(k)      Time off in lieu of payment for overtime may be provided if an employee so elects and it is agreed to by the employer.

 

Such time off in lieu must be taken at a mutually convenient time and within four weeks of the overtime being worked.

 

Time off in lieu must equate to the overtime rate, i.e., if the employee works one hour overtime and elects to clear time off in lieu of payment, the time off would be equal to time and one-half.

 

Provided that where an employee's employment is terminated or the employee resigns or the entitlement has not been taken, the entitlement shall be paid out at the rate at which it was accrued.

 

16.  Mixed Functions

 

An employee engaged for more than half of one day or shift on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for such day or shift.  If engaged for less than half of one day or shift, they shall be paid the higher rate for the time so worked.

 

17.  Holidays

 

(a)      Employees on weekly hiring shall be entitled to the following public holidays without loss of pay, except as herein provided: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Labour Day, Anzac Day, Sovereign's Birthday, Bank Holiday, Christmas Day, Boxing Day, or such other day as is generally observed in the locality as a substitute for any of the said days, respectively, together with such other days as may be proclaimed or gazetted as public holidays in the district in which the employee is employed.

 

(b)      For the purpose of this award:

 

(i)       Where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively.

 

(ii)      Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day.

 

(iii)      Where New Year's Day falls on a Saturday or Sunday, the following Monday shall be observed as New Year's Day.

 

(iv)     Where Anzac Day falls on a Saturday or Sunday, the following Monday shall be observed as Anzac Day, and the said Saturday and/or Sunday shall be deemed not to be holidays.  By agreement between the employer and the majority of employees in a particular workplace, other days may be substituted for the said days or any of them as to that workplace.

 

(v)      The day on which the annual picnic of the union is held shall be a holiday (without pay if such a day is a day other than one mentioned in subclauses (a) and (b) of this clause); provided that the Secretary or Branch Secretary of the union shall give written or printed notice of the intention to hold the picnic. Such notice shall be sent by prepaid letter to each employer concerned not less than three weeks or more than six weeks prior to the date on which the picnic is to be held.

 

18.  Annual Leave

 

See Annual Holidays Act 1944.

 

19.  Annual Leave Loading

 

(a)      In this clause, the Annual Holidays Act 1944 is referred to as "the Act".

 

(b)      Before an employee is given and takes their annual holiday, or where by agreement between the employee and employer the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause.  (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (f)).

 

(c)      The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

(d)      The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE:  See subclause (f) as to holidays taken wholly or partly in advance).

 

(e)      The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (d) at the rate per week of 17.5 per cent of the appropriate ordinary weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual holiday.

 

(f)       No loading is payable to an employee who takes annual leave holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (e) of this clause applying the award rates of wages payable on that day.

 

(g)      Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(i)       An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (e) of this clause.

 

(ii)      An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable under the Act, such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the close- down as the employee’s qualifying period of employment in completed weeks bears to 52.

 

(h)

 

(i)       When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (e) for the period not taken.

 

(ii)      Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee's employment.

 

20.  Sick Leave

 

(a)      An employee, other than a casual, who is absent from work on account of personal illness or on account of injury by accident, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(i)       The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

 

(ii)      The employee shall, within four hours of the commencement of such absence, inform the employer of their inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

(iii)      The employee shall prove to the satisfaction of the employer (or, in the event of dispute, the Industrial Committee) that they were unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

(iv)     The employee shall not be entitled in the first 12 months of employment with an employer to leave in excess of 38 hours of working time but thereafter shall be entitled to leave up to 60.8 hours of working time each year, subject to paragraphs (v) and (vi) hereafter.

 

(v)      The employee shall not be entitled to sick leave during the first month of employment.

 

(vi)     In the case of an employee with not less than three months' continuous service, continuity of employment for the purposes of this clause shall not be affected by reason of the employee being stood off on account of seasonal fluctuations for any period not exceeding three months in any sick leave year.  For the purposes of this paragraph, seasonal fluctuations include:

 

(1)      the termination of an employee's services owing to completion of contracts or finalisation of body models; or

 

(2)      completion of or changes in production or tooling programs.

 

(vii)     All medical certificates shall comply with the following criteria:

 

(1)      Certification shall be legible and state that the employee is unfit for duty on account of personal illness or injury by accident and the expected duration of the disability.

 

(2)      Certificates shall be on pre-printed notepaper and include the name of the medical practitioner and the address of the surgery.

 

(3)      Certificates shall show the date of the medical examination and the name of the patient examined.

 

(4)      Retrospective or altered certificates are unacceptable.

 

(b)      Single Day Absences

 

An employee shall not be entitled to single days of paid sick leave on more than two occasions in any one year of service unless the employee produces to the employer a certificate from a qualified medical practitioner to the effect that the employee is unfit for duty on account of personal illness or injury by accident. Nothing in this subclause shall limit the employer's rights under paragraph (iii) of subclause (a) of this clause.

 

(c)      Cumulative Sick Leave

 

Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (iv) of subclause (a) or in subclause (c) of this clause which has in any year not been allowed to an employee by the employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates pursuant to this subclause shall not exceed 576 hours and shall be available to an employee for a period of nine years, but for no longer, from the end of the year in which it accrues.

 

(d)      Transmission of Business

 

Where an employer is a successor or assignee or transmittee of a business and if an employee was in the employ of the employer's predecessor at the time when the employer became such successor or assignee or transmittee, the employee in respect of the period during which the employee was in the service of the predecessor shall, for the purpose of this clause, be deemed to be in the service of the employer.

 

(e)      Leave Granted Without Entitlement

 

Where an employee claims sick leave in circumstances where, under the terms of this clause, the employee has no entitlement and the employer, at the request of the employee, grants paid leave, such paid leave shall be debited against the employee's entitlement to sick leave.

 

(f)       Definition of Year

 

For the purposes of this clause "year" means the period between 1 June in each year and the next 31 May.

 

(g)      Part-Day Absences

 

In the case of employees whose hours of work are fixed in accordance with paragraphs (iii) or (iv) of subclause (f) or subclause (g) of clause 10, Hours of Work, sick pay entitlement for part-day absences shall be calculated on a proportionate basis as follows:

 

Duration of sick leave absence		Appropriate
ordinary hours normally worked that day	X	weekly rate
		5

 

In the case of employees whose hours of work are fixed in accordance with paragraphs (i) or (ii) of subclause (f) of the said clause 10, sick pay entitlement for part-day absences shall be calculated on a proportionate basis as follows:

 

Duration of sick leave absence		Appropriate
ordinary hours normally worked that day	X	weekly rate
		38

 

(h)      Sickness on Day Off

 

Where an employee is sick or injured on the weekday the employee is to take off in accordance with paragraphs (iii) or (iv) of subclause (f) or subclause (g) of the said clause 10, the employee shall not be entitled to sick pay nor will the employee's sick pay entitlement be reduced as a result of the employee’s sickness or injury that day.

 

21.  Personal/Carer's Leave

 

(1)      Use of Sick Leave

 

(a)      An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 21(1)(c)(ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 20, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(b)      The employee shall, if required,

 

(1)      establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(2)      establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(c)      The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)       the person concerned being:

 

(a)      a spouse of the employee; or

 

(b)      a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)      a child or an adult child (including an adopted child, a step child, a foster child or 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.

 

(2)      Unpaid Leave for Family Purpose

 

(a)      An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 21(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

(3)      Annual Leave

 

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

 

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

 

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

 

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

 

(4)      Time Off in Lieu of Payment for Overtime

 

(a)      For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause and despite the provisions of subclause (k) of clause 15, Overtime, 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.

 

(5)      Make-Up Time

 

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

 

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

 

(6)      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.

 

(7)      Personal Carers Entitlement for casual employees -

 

(1)      Subject to the evidentiary and notice requirements in 21(1)(b) and 21(1)(d) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 21(1)(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

22.  Bereavement Leave

 

(i)       An employee, other than a casual employee, shall be entitled to up to three days bereavement leave without deduction of pay, on each occasion of the death 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, after one month’s continuous service with the employer, shall be entitled to a maximum of two days bereavement leave where the employee travels outside Australia to attend the funeral. Provided further that, by agreement with the employer, additional days may be granted without pay on request of the employee.

 

(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/carers leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 21, Personal/Carers Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)      Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 21. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vi)      Bereavement entitlements for casual employees

 

(a)      Subject to the evidentiary and notice requirements in 22(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 21(1)(c)(ii) of clause 21, 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.

 

22A.  Parental Leave

 

(1)      Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(2)      An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)      the employee or employee's spouse is pregnant; or

 

(b)      the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)      Right to request

 

(a)      An employee entitled to parental leave may request the employer to allow the employee:

 

(i)       to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)       to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)      to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(b)      The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)      Employee's request and the employer's decision to be in writing

 

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(d)      Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(4)      Communication during parental leave

 

(a)      Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)      The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)      The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

 

23.  Long Service Leave

 

See Long Service Leave Act 1955.

 

24.  Travelling Time, Accommodation and Meals

 

(a)

 

(i)       An employee who on any day or from day to day is required to work at a job away from their accustomed workshop or depot shall, at the direction of the employer, present themselves for work at such job at the usual starting time; but for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from the employee’s home to such workshop or depot and returning) the employee shall be paid travelling time and also any fares reasonably incurred in excess of those normally incurred in travelling between their home and such workshop or depot.

 

(ii)      An employee who, with the approval of the employer, uses their own means of transport for travelling to or from outside jobs shall be paid the amount of excess fares which the employee would have incurred in using public transport unless the employee has an arrangement with their employer for a regular allowance.

 

(b)      An employee:

 

(i)       engaged in one locality to work in another; or

 

(ii)      sent, other than at the employee’s own request, from their usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence,

 

(iii)      shall be paid travelling time whilst necessarily travelling between such localities and, for a period not exceeding three months, expenses.  Provided that such expenses shall cease after the employee has taken up permanent residence or abode at the new location.

 

(c)      An employee sent from their usual locality to another (in circumstances other than those prescribed in subclause (b) of this clause) and required to remain away from their usual place of abode shall be paid travelling time whilst necessarily travelling between such localities and expenses whilst so absent from the employees usual locality.

 

(d)      The rate of pay for travelling time shall be the ordinary rate, except on a Sunday or holiday referred to in clause 17, Holidays, when it shall be time and one half.

 

(e)      The maximum travelling time to be paid for shall be 12 hours out of every 24 hours or, when a sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.

 

(f)       "Expenses" for the purposes of this clause means:

 

(i)       all fares reasonably incurred and, for boat travel, the fares allowed shall be first class on coastal boats and on interstate boats where there is no second class distinct from steerage and, for rail travel, second-class except where all- night travelling is involved when they shall be first class with sleeping berth where available;

 

(ii)      reasonable expenses incurred whilst travelling, including a meal allowance for each meal taken of an amount as set out in Item 19 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates;

 

(iii)      a reasonable allowance to cover the cost incurred for board and lodging.

 

25.  Jury Service

 

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

 

An employee shall notify their employer as soon as possible of the date upon which they are required to attend for jury service. Further, the employee shall give the employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

26.  Clothing, Equipment and Tools

 

(a)      Employees engaged in working with acids shall be supplied with rubber gloves.

 

(b)      Employees engaged in wet rubbing shall be provided with rubber aprons and rubber boots.

 

(c)      Reasonable washing and sanitary conveniences shall be provided by the employer.

 

(d)      Suitable mica or other goggles shall be provided by the employer for each employee using emery wheels or, where used by more than one employee, such goggles shall be sterilised before being used by another employee.

 

(e)      Suitable canvas or leather gloves shall be provided by the employer for the operators of pneumatic hammers.

 

(f)       The employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an appropriate first- aid outfit and appliances as required by clause 20 of the Occupational Health and Safety Regulation 2001.

 

(g)      Employers shall provide boiling water for employees at meal time.

 

(h)      Employers shall provide, for the use of employees in workshops, a sufficient supply of wholesome cool drinking water from bubble taps or other suitable drinking fountains.

 

(i)       Employers shall provide adequate ventilation in workshops and facilities for the free circulation of air. (See also clause 53 of the Occupational Health and Safety Regulation 2001.)

 

(j)       Compensation to the extent of the damage sustained shall be made where, in the course of the work, clothing or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances.  Provided that the employer's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.

 

27.  Time and Wages Record

 

An employer shall keep a record from which can be readily ascertained the name of each employee and their occupation, the hours worked each day and the wages and allowances paid each week.

 

28.  Right of Entry

 

See Part 7 of Chapter 5 of the Industrial Relations Act 1996.

 

29.  Shop Stewards

 

An employee appointed shop steward in the shop or department in which the employee is employed shall, upon notification thereof to the employer, be recognised as the accredited representative of the union to which they belong, and shall be allowed the necessary time during working hours to interview the employer or the employer’s representative on matters affecting employees whom the shop steward represents.

 

30.  Notice Board

 

An employer shall permit the erection in a prominent position on their premises of a notice board of reasonable dimensions or a number of such notice boards reasonable in the circumstances, upon which an accredited representative of a union bound by this award shall be permitted to post formal union notices signed by the Secretary or organiser of the union concerned or by the representative posting them.  Any notice posted on a board not so signed may be removed by an accredited representative of the union concerned or by the employer.

 

31.  Redundancy

 

(1)      Application

 

(i)       These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified by clause 5, Wage Rates - Adults.

 

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

 

(iii)      Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

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

 

(2)      Introduction of Change

 

(i)       Employer's duty to notify

 

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

 

(b)      "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 matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)      Employer's duty to discuss change

 

(a)      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 (i) 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/or the union in relation to the changes.

 

(b)      The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the charges referred to in the said paragraph (i).

 

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

 

(3)      Redundancy

 

(i)       Discussions before terminations

 

(a)      Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (a) of paragraph (i) of subclause (2), Introduction of Change, 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.

 

(b)      The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provision of subparagraph (a) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on employees concerned.

 

(c)      For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of 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.

 

(4)      Termination of Employment

 

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

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subparagraph (a) of paragraph (i) of subclause (2) of this clause.

 

(a)      In order to terminate the employment of an employee the employer shall give 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

 

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

 

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

 

(ii)      Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subparagraph (a) of paragraph (i) of subclause (2) of this clause.

 

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

 

(b)      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.

 

(c)      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.

 

(iii)      Time off during the notice period

 

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

 

(b)      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.

 

(iv)     Employee leaving during the notice period

 

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

 

(v)      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.

 

(vi)     Notice to Relevant Government Employment Authority

 

Where a decision has been made to terminate employees, the employer shall notify the Relevant Government Employment Authority thereof as soon as possible, giving the relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(vii)     Relevant Government Employment Authority Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Relevant Government Employment Authority.

 

(viii)    Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subparagraph (a) of paragraph (i) of subclause (2) 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 of notice still owing.

 

(5)      Severance Pay

 

(i)       Where the employment of an employee is to be terminated pursuant to subclause (4), 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:

 

(a)      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

 

(b)      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

 

(c)      "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, overaward payments, shift penalties and allowances paid in accordance with this award.

 

(ii)      Incapacity to Pay

 

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

 

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

 

(iii)      Alternative Employment

 

Subject to application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause if the employer obtains acceptable alternative employment for an employee.

 

(6)      Savings

 

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

 

32.  Grievance Procedure

 

(a)      Disputes, grievances and safety issues between the company and its employees shall be settled in accordance with the following procedures:

 

(i)       First Step

 

The employee(s) is required to notify (in writing or otherwise) their immediate supervisor as to the substance of the grievance, request a meeting with the supervisor for bilateral discussions and state the remedy sought. This meeting shall take place as soon as practicable.  The employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an industrial organisation of employees for the purposes of each step of the procedure.

 

(ii)      Second Step

 

If settlement is not reached, the matter will be discussed between the immediate supervisor, the employer/proprietor and the employee(s).

 

(iii)      Final Step

 

If all attempts at the plant to resolve the grievance have failed, the matter shall be referred to the Industrial Relations Commission of New South Wales or the Industrial Committee.

 

(b)      Normal work will continue whilst a grievance is being processed, other than where immediate danger exists, and the parties shall be committed to the disputes procedure as the proper mechanism for resolving grievances in an orderly manner.

 

Whilst discussions are taking place in relation to safety issues the employees shall agree to perform any other work, within their classification, that can be carried out in a safe manner.

 

33.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTES:

 

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

 

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

 

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

 

34.  Superannuation

 

(a)      Definitions

 

(i)       "Act and Regulations" means the Occupational Superannuation Standards Act 1987 and Regulations pertaining thereto, as amended from time to time.

 

(ii)      "Employee" means any person employed under the terms of this award.

 

(iii)      "Employer" means any employer who is bound to observe the provisions of this award.

 

(iv)     "Ordinary-time Earnings" means the employee's actual wages for work performed in ordinary hours, including all-purpose allowances but excluding overtime.

 

(v)      "Superannuation fund" shall mean:

 

MTAA Industry Superannuation Fund; or

 

AustralianSuper; or

 

Labour Union Co-operative Retirement Fund; or

 

Australian Superannuation Savings Employment Trust; or

 

an "exempt fund" as defined in this clause.

 

(vi)     "Exempt fund" shall mean:

 

(1)      any fund specified by an award or registered industrial agreement which has application to the employees in the principal business of the employer where employees covered by  this award are the minority of award covered employees;

 

(2)      any fund nominated by a union into which the employer elects to pay  contributions on behalf of their employees, provided that such fund complies with the Act and Regulations; and

 

(3)      any other superannuation fund for which an employer, as at 1 January 1990 or at the date of becoming a respondent to this award, is already making contributions which satisfy the contribution requirements of subclause (c) of this clause.

 

(b)      Eligibility of Employees

 

(i)       All employees (other than casuals as defined in clause 3, Contract of Employment) shall become eligible for superannuation contributions as set out in subclause (c) of this clause.  Provided, however, that such employees be given a death and disability cover in accordance with the fund (at a cost not exceeding $2 per week) to provide cover to such employees during the first six weeks of employment.

 

A casual employee, once becoming eligible, shall not have to complete the six-week qualifying period if he/she regains employment with the same employer within six months.

 

(ii)      Casual employees who, in the case of juniors, work 18 or more hours per week or, in the case of adults, work 12 hours or more per week, shall become eligible for superannuation contributions as set out in subclause (c) of this clause.  Provided, however, that such employees be given death and disability cover in accordance with the fund (at a cost not exceeding $2 per week).

 

(c)      Contributions

 

(i)       Subject to subclauses (b), (d), (e) and (f) of this clause, an employer shall contribute to the superannuation fund on behalf of each eligible employee a superannuation contribution equivalent to three per cent of such employee's ordinary-time earnings from the beginning of the first full pay period to commence on or after 1 May 1990.

 

(ii)      Provided that no employer shall be compelled to contribute to more than one fund in respect of employees bound by this award.

 

(iii)      Provided that contributions shall be made upon completion of the qualifying periods specified in subclause (b) of this clause for eligible employees.

 

(iv)     Such contributions required by this clause will be made on the superannuation fund in the manner and at the times specified by the terms of the fund or in accordance with any agreement between the employer and the Trustees of the fund.

 

(v)      Provided further that such eligible employees be given death and disability cover in accordance with the superannuation fund (at a cost not exceeding $2 per week).

 

(d)      Fund Membership

 

(i)       On engagement, the employer shall make the employee aware of his/her entitlement under this clause and offer the employee the opportunity to become a member of the appropriate fund.  An employee shall be required to properly complete the necessary application forms to become a member of the appropriate fund in order to be entitled to the contributions prescribed in subclause (c) of this clause.

 

(ii)      The employer shall make contributions in accordance with subclause (c) hereof on behalf of all eligible employees once such employees complete the qualifying period as prescribed in subclause (b) and complete the necessary application form.

 

(iii)      Where an employee is not a member of the fund, but eligible to join the fund, the employer shall remind the employee, in writing, of his/her entitlements, within a period of a further six months from the date of becoming eligible for superannuation.

 

(e)      Exempt Fund Employers

 

(i)       Any employer making contributions to an exempt fund defined in subparagraph (3) of paragraph (vi) of subclause (a) of this clause shall notify the Industrial Relations Commission of New South Wales by no later than six months from the date of operation of this award.

 

(ii)      Leave is reserved to any employer to apply for exemption from this clause on the grounds of the standard of existing superannuation arrangements provided by the employer or the employer's financial capacity to pay.

 

(iii)      In circumstances where any organisation respondent to this award is concerned about the suitability of any exempt fund as defined in the said subparagraph (3), it may challenge the suitability of the fund before the Industrial Relations Commission of New South Wales within six months from the date of operation or the date of fund selection, whichever is the later.

 

(f)       Absence From Work

 

(i)       Paid Leave - Subject to the Trust Deed of the fund of which the employee is a member, absences from work will be treated in the following manner:

 

Contributions shall continue whilst a member of a fund is absent on paid leave such as annual leave, long service leave, public holidays, workers' compensation, jury service, sick leave and bereavement leave.

 

(ii)      Unpaid Leave

 

Contributions shall not be required to be made in respect of any absences from work without pay.

 

(iii)      Work Related Injury and Sickness

 

In the event of an eligible employee's absence from work due to work related injury or sickness, contributions shall continue for the period of the absence (subject to a maximum of 52 weeks total absence for each injury or sickness).

 

(g)      The subject of superannuation contributions is also dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). The legislation, as varied from time to time, also governs the superannuation rights and obligations of the parties.

 

35.  Traineeships

 

(1)      Application:

 

(a)      Subject to paragraph (c) of this subclause this award shall apply to persons who are undertaking a traineeship (as defined).

 

(b)      Notwithstanding paragraph (a), this clause shall apply provisionally for an interim period:

 

(i)       Starting upon the commencement date as recorded on a valid "Application to Establish a Traineeship" signed by both the employer and the Trainee, which has been lodged with the Relevant NSW Training Authority; and

 

(ii)       Ending upon the expiry of one calendar month period immediately following the employer’s receipt of the Indenture Papers from the Relevant NSW Training Authority.

 

In any case, the duration for which this clause may provisionally apply shall be no longer than two calendar months, or such longer period as may be required to accommodate a delay in processing the "Application to Establish a Traineeship" which is beyond the control of the employer.

 

(c)      The terms and conditions of this award shall apply, except where inconsistent with this clause.

 

(d)      Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer prior to the date of approval of a traineeship relevant to the employer, except where agreed upon between the employer and the relevant union(s).

 

(e)      This clause does not apply to the apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 27 April 1998 or in an award that binds the employer.

 

(f)       At the conclusion of the traineeship, this clause shall cease to apply to the employment of the trainee.

 

(2)      Objective:

 

The objective of this clause is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Nothing in this clause shall be taken to replace the prescription of training requirements elsewhere in the Award.

 

(3)      Definitions:

 

Structured Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant NSW Training Authority.  It includes training undertaken both on and off-the-job in a traineeship scheme and involves formal instruction, both theoretical and practical, and supervised practice.  The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification as set out in subclause (4)(f) of this clause.

 

Relevant Union means a union party to the making of the Parent Award and which is entitled to enrol the Trainee as a member.

 

Trainee is an individual who is a signatory to a training agreement registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job.  A trainee can be full-time, part-time or school-based.

 

Traineeship means a system of training which has been approved by the relevant NSW Training Authority, and includes full-time traineeships and part-time traineeships including school-based traineeships.

 

"Training Agreement" means an agreement made, subject to the terms of this award, between an employer and the trainee for a traineeship and which is registered with DET under the Apprenticeship and Traineeship Act 2001.

 

"Appropriate State Legislation" means the Apprenticeship and Traineeship Act 2001 or any successor legislation.

 

Training Plan means a programme of training which forms part of a Training Agreement registered with the Relevant NSW Training Authority.

 

School-Based Trainee is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.

 

Relevant NSW Training Authority means the Department of Education and Training, or successor organisation.

 

Year 10 For the purposes of this award any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

 

(4)      Training Conditions:

 

(a)      The Trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the Relevant NSW Training Authority in an accredited and relevant traineeship.

 

(b)      A Traineeship shall not commence until the relevant Training Agreement has been signed by the employer and the trainee and lodged for registration with the Relevant NSW Training Authority.

 

(c)      The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.

 

(d)      The employer shall provide a level of supervision in accordance with the Training Agreement during the traineeship period.

 

(e)      The employer agrees that the overall training program will be monitored by officers of the Relevant NSW Training Authority and that training records or work books may be utilised as part of this monitoring process.

 

(f)       Training shall be directed at:

 

(i)       the achievement of key competencies required for successful participation in the workplace (eg. literacy, numeracy, problem solving, team work, using technology) and an Australian Qualification Framework Certificate Level I.

 

This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

 

(ii)       the achievement of key competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies) as are proposed to be included in an Australian Qualification Framework Certificate Level II or above.

 

(5)      Employment Conditions:

 

(a)      A Trainee shall be engaged as a full-time employee for a maximum of one year's duration or a part-time trainee for a period no greater than the equivalent of one year full-time employment.

 

For example, a part-time trainee working 2½ days per week (including the time spent in approved training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.

 

In any event, unless the Relevant NSW Training Authority directs, the maximum duration for a traineeship shall be thirty-six months.

 

By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship.

 

(b)      A trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer.

 

(c)      Where the trainee completes the qualification in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.

 

(d)      An employer shall not terminate the employment of a trainee without first having provided written notice of termination to the trainee concerned and DET in accordance with the Training Agreement or the Apprenticeship and Traineeship Act 2001.

 

(e)      The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training in accordance with the Training Agreement.

 

(f)       Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any Parent Award or any other legislative entitlements.

 

(g)

 

(i)       The Traineeship Agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.

 

(ii)       No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of this Award.

 

(iii)      No Trainee shall work shiftwork unless the relevant parties to this Award agree that such shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.

 

(iv)      The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by this Award.

 

(h)      All other terms and conditions of the Award that are applicable to the Trainee or would be applicable to the Trainee but for this clause shall apply unless specifically varied by this clause.

 

(i)       A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the Traineeship shall not be entitled to any severance payment.

 

The following employment conditions apply specifically to part-time and school-based Trainees:

 

(j)       A part-time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full-time trainee.  All the provisions of this award shall apply to part-time trainees except as specified in this clause.

 

(k)      A part-time trainee may, by agreement, transfer from a part-time to a full-time traineeship position should one become available.

 

(l)       The minimum daily engagement periods applying to part-time employees shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:

 

(i)       a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, or

 

(ii)       the place of work is within a distance of 5km from the employee’s place of residence.

 

(m)     School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.

 

(n)      For the purposes of this award, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.

 

(6)      Wages:

 

(a)      Wages - Full-Time Trainees:

 

The weekly wages payable to full time trainees shall be as follows:

 

Industry/Skill Level A	Table 3
Industry/Skill Level B	Table 4
Industry/Skill Level C	Table 5
School-Based Trainees	Table 6

 

(b)      These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes approved training as defined in this Award.

 

(c)      The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.

 

(d)      The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:

 

(i)       any equivalent overaward payments; and/or

 

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

 

(e)      Appendix A sets out the rate of pay or level of a Traineeship. Where the actual traineeship is listed in Appendix A the rate of pay or skill level in respect of the traineeship is determinative of the actual rate of pay or skill levels (i.e. skill levels A, B or C) that are contained in the Traineeship. Where a new traineeship for the purpose of this award is established by the relevant authority, the determination of the appropriate rate of pay or skill level for the purpose of determining the appropriate wage rate is to be based on the following criteria:

 

(i)       Any agreement of the parties or submissions by the parties

 

(ii)       The nature of the industry

 

(iii)      The total training plan

 

(iv)      Recognition that training can be undertaken in stages

 

(v)      The exit skill level in the Parent Award contemplated by the traineeship.

 

A trainee engaged in a traineeship prior to 22 April 2002, who is paid rates of pay or receives conditions that are better than the rates of pay or conditions in this award, shall not be financially or otherwise disadvantaged through the introduction of this clause and shall maintain their existing rate of pay and/pr prior conditions until the cessation of their traineeship.

 

(f)       For the purposes of this provision, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:

 

(i)       include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

 

(ii)       include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10;

 

(iii)      not include any period during a calendar year in which a year of schooling is completed; and

 

(iv)      have effect on an anniversary date being January 1 in each year.

 

(g)      Wages for Part-time and School-Based Trainees:

 

This clause shall apply to trainees who undertake a traineeship on a part time basis by working less than full time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.

 

(h)      Table 7, Hourly Rates for Trainees Who Have Left School and Table 8, Hourly Rates for School-based Traineeships of Part B, Monetary Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training.  These rates are derived from a 38 hour week.

 

(i)       The hours for which payment shall be made are determined as follows:

 

(i)       Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part time trainee on-the-job.

 

(ii)       Where the approved training is undertaken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (ie. the same as for the equivalent full time traineeship):

 

(1)      If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

 

(2)      If the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

 

Note: 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full-time traineeships.

 

(iii)      Where the normal full time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full time hours.

 

(j)       For traineeships not covered by subclause (6)(h) above, the following formula for the calculation of wage rates shall apply:

 

The wage rate shall be pro-rata the full-time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula:

 

Wage  =	Full time wage rate	x	Trainee hours - average weekly training time
			30.4*

 

* Note: 30.4 in the above formula represents 38 ordinary full-time hours less the average training time for full time trainees (ie. 20%) a pro rata adjustment will need to be made in the case where the Award specifies different ordinary full-time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

 

(i)       "Full-time wage rate" means the appropriate rate as set out in Table 3 - Industry/Skill Level A, Table 4 - Industry/Skill Level B, Table 5 - Industry/Skill Level C and Table 6 - School-based Traineeships of Part B, Monetary Rates.

 

(ii)      "Trainee hours" shall be the hours worked per week including the time spent in approved training.  For the purposes of this definition, the time spent in approved vocational training may be taken as an average for that particular year of the traineeship.

 

(iii)      "Average weekly training time" is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:

 

Average Weekly Training Time	=	7.6  x  12
		length of the traineeship in months

 

Note 1: 7.6 in the above formula represents the average weekly training time for a full-time trainee whose ordinary hours are 38 per week, a pro rata adjustment will need to be made in the case where the Award specifies different ordinary time hours for example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.

 

Note 2: The parties note that the traineeship agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies. The parties also note that this would result in the equivalent of a full day’s on the job work per week.

 

(7)      Grievance Procedures

 

(a)      Procedures relating to grievances of individual trainees:

 

(i)       A trainee shall notify the employer as to the substance of any grievance and request a meeting with the employer for bilateral discussions in order to settle the grievance.

 

(ii)       If no remedy to the trainee's grievance is found, then the trainee shall seek further discussions and attempt to resolve the grievance at a higher level of authority, where appropriate.

 

(iii)      Reasonable time limits must be allowed for discussions at each level of authority.

 

(iv)      At the conclusion of the discussions, the employer must provide a response to the trainee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy. At this stage an employer or a trainee may involve an industrial organisation of employers or employees of which he/she is a member.

 

(v)      If no resolution of the trainee's grievance can be found, then:

 

(i)       if the dispute relates to issues of training then the matter may be referred to the NSW Commissioner for Vocational Training in accordance with the Apprenticeship and Traineeship Act 2001; or

 

(ii)       if the dispute relates to industrial issues then the matter may be referred to the Industrial Relations Commission of New South Wales by either the employer, an industrial organisation of employers or a union representing the trainee.

 

(vi)      While this grievance procedure is being followed, normal work shall continue.

 

(b)      Procedures relating to disputes, etc. between employers and their trainees:

 

(i)       A question, dispute or difficulty must initially be dealt with at the workplace level where the problem has arisen. If the problem cannot be resolved at this level, the matter shall be referred to a higher level of authority.

 

(ii)       If no resolution can be found to the question, dispute or difficulty, the matter may be referred to the Industrial Relations Commission by any party to the dispute or the industrial organisation representing any of the parties to the dispute.

 

(iii)      Reasonable time limits must be allowed for discussion at each level of authority.

 

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

 

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

 

36.  Training

 

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

 

(i)       developing a more highly skilled and flexible workforce;

 

(ii)      providing employees with career opportunities through appropriate training to acquire additional skills; and

 

(iii)      removing barriers to the utilisation of skills acquired.

 

(b)      Following proper consultation, such as through the establishment of a training committee, an employer shall develop a training program consistent with:

 

(i)       the current and future skill needs of the enterprise;

 

(ii)      the size, structure and nature of the operations of the enterprise;

 

(iii)      the need to develop vocational skills relevant to the enterprise and through courses conducted by accredited educational institutions and providers.

 

(c)      Where it is agreed a training committee be established, that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities; for example:

 

(i)       formulation of a training programme and availability of training courses and career opportunities to employees;

 

(ii)      dissemination of information on the training programme and availability of training courses and career opportunities to employees;

 

(iii)      the recommending of individual employees for training and reclassification;

 

(iv)     monitoring and advising management and employees on the ongoing effectiveness of the training.

 

(d)

 

(i)       Where, as a result of consultation it is agreed that additional training in accordance with the programme developed pursuant to subclause (b) of this clause should be undertaken by an employee, that training  may be undertaken either on or off the job; provided that, if the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

 

(ii)      Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure.  Provided that reimbursement shall be on an annual basis, subject to the presentation of reports of satisfactory progress.

 

(iii)      Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

 

(e)      Subclauses (b), (c), and (d) of this clause shall operate as interim provisions and shall be reviewed after nine months' operation.  In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (a) of this clause.

 

(f)       Employees will not be disadvantaged through their inability to participate in a particular method of training delivery.  A range of training options will be available where disability, family commitments or similar reasons affect a person's ability to participate in training.

 

(g)      Current employees who choose not to participate in further training to a higher level will be protected and will not suffer any disadvantage from their current position or status.

 

(h)      Any disputes arising in relation to subclauses (b) and (c) shall be subject to the provisions of clause 32, Grievance Procedure.

 

37.  Supported Wage

 

(a)      This clause defines the conditions, which will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this award.  In the context of this clause, the following definitions will apply:

 

(i)       "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability as documented in "Supported Wage System: Guidelines and Assessment Process".

 

(ii)      "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

 

(iii)      "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, or any successor to that scheme.

 

(iv)     "Assessment Instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

 

(b)      Eligibility Criteria

 

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a Disability Support Pension.

 

This clause does not apply to any existing employee who has a claim against the employer which is subject to the provision of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

 

This clause also does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Service Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under Sections 10 or 12A of the Act or, if a part only has received recognition, that part.

 

(c)      Supported Wage Rates

 

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work, which the person is performing, according to the following schedule:

 

Assessed Capacity	Percentage of Prescribed Award Rate
Subclause (d)
10%*	10%
20%	20%
30%	30%
40%	40%
50%	50%
60%	60%
70%	70%
80%	80%
90%	90%

 

(Provided that the minimum amount payable shall be not less than $66 per week.)

 

*Where a person's assessed capacity is ten per cent, they shall receive a high degree of assistance and support.

 

(d)      Assessment of Capacity

 

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument, by either:

 

(i)       the employer and a union party to the award, in consultation;

 

(ii)      the employer and an accredited assessor from a panel agreed upon by the parties to the award and the employee.

 

(e)      Lodgement of Assessment Instrument

 

(i)       All assessments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission of New South Wales.

 

(ii)      All assessment instruments shall be agreed upon and signed by the parties to the assessment, provided that where a union which is a party to the award is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

 

(f)       Review of Assessment

 

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review.  The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

 

(g)      Other Terms and Conditions of Employment

 

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award, paid on a pro rata basis.

 

(h)      Workplace Adjustment

 

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job.  Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

 

(i)       Trial Period

 

(i)       In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

 

(ii)      During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

 

(iii)      The minimum amount payable to the employee during the trial period shall be no less than $66 per week.

 

(iv)     Work trials should include induction or training as appropriate to the completion of the trial period and a further contract of employment shall be entered into based on the outcome of assessment under subclause (d) of this clause.

 

38.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Coachmakers, &c., Road and Perambulator Manufacturers (State) Award published on 21 December 2001 (330 IG 629), and all variations thereof.

 

The award published on 21 December 2001 took effect from the first full pay period to commence on or after 2 August 2001.

 

The changes made to the award pursuant to the Award Review under section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 7 March 2008.

 

This award shall apply to all persons of the classes herein mentioned in the State, excluding the County of Yancowinna, within the jurisdiction of the Coachmakers, &c., Road (State) and Perambulator Manufacturers Consolidated Industrial Committee.

 

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

 

INDUSTRIES AND CALLINGS

 

Vehicle builders, vehicle painters, vehicle trimmers, wheelwrights and other employees engaged in a process connected with or incidental to the making, servicing, preparing or repairing of vehicles running on roads as distinguished from those running on rails, and to the makers of perambulators or their component parts and all labourers and assistants employed in connection with such callings in the State, excluding the County of Yancowinna. excepting the employees of -

 

State Rail Authority of New South Wales;

 

Urban Transit Authority of New South Wales;

 

The Commissioner for Motor Transport;

 

South Maitland Railways Pty Limited;

 

Blue Circle Southern Cement Limited;

 

The Kandos Cement Company Limited;

 

The Council of the City of Sydney;

 

Sydney Electricity;

 

Shire and municipal councils;

 

The Electricity Commission of New South Wales, trading as Pacific Power;

 

The Broken Hill Proprietary Company Limited;

 

Australian Iron and Steel Proprietary Limited within the jurisdiction of the Iron and Steel Works Employees (Australian Iron and Steel Proprietary Limited) Industrial Committee and the Quarries (Australian Iron and Steel Pty Limited) Industrial Committee;

 

Australian Wire Industries Pty Ltd at its Newcastle Wiremill;

 

The Council of the City of Newcastle;

 

The Australian Gas Light Company;

 

The Water Board.

 

and excepting also

 

Employees in or about coal mines north of Sydney, in or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;

 

Employees within the jurisdiction of the County Councils (Electricity Undertakings) Employees Industrial Committee, the Smelting, &c. (Electrolytic R. & S. Company, &c.) Industrial Committee; the Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited) Industrial Committee, and the Cement Workers, &c. (State) Industrial Committee;

 

Employees for whom provisions are made under the terms of the Vehicle Industry (State) Industrial Committee;

 

Employees for whom provisions are made under the terms of the Parking Employees (State) Industrial Committee;

 

Employees for whom provisions are made under the terms of the Engineers, &c. (State) Industrial Committee.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

All adult employees of a classification specified herein employed in any of the Industries or section thereof to which this award applies shall, except as otherwise specified, be paid the rate specified in this table.

 

Wage Group Level	Total Award Wage Rate
	$
1	531.40
2	541.10
3	563.60
4	584.50
5	618.20
6	618.20
7	618.20

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	5(c)	Leading Hand allowance - Not less than 3 and not more
		than 10 employees	27.00 per week
2	5(c)	Leading Hand - More than 10 but not more than 20
		employees	40.80 per week
3	5(c)	Leading Hand - More than 20 employees	52.00 per week
4	5(d)	Inspectors	25.37 per week
5	5(e)	Own hand tools allowance	12.11 per week
6	9(a)	Confined space allowance	0.60 per hour
7	9(b)(i)	Dirty work allowance	0.47 per week
8	9(b)(ii)	Dirty work rates - minimum payment	1.86 per day or
			shift
9	9(c)	Height money allowance	0.35 per hour
10	9(d)(i)(1)	Hot places allowance - temperature raised to 35° Celsius	0.47 per hour
		to 55° Celsius.
11	9(d)(i)(2)	Hot places allowance - temperature exceeds 55° Celsius	0.59 per hour
12	9(e)(i)	Handling glass or slag wool	0.58 per hour
13	9(e)(ii)(1)	Fibreglass work	0.47 per hour
14	9(e)(ii)(2)	Disability rate - second half of the day, per day or shift	1.90
14A	9(e)(ii) (2)	Disabililty rate - first half of the day or shift	3.82
15	9(f)	Drivers handling garbage allowance	0.47 per hour
16	9(g)	Livestock transport allowance	0.47 per hour
17	9(h)(i)	First-aid qualifications allowance	12.43 per week
18	15(h)	Overtime meal allowance	10.20 per meal
19	24(f)(ii)	Travelling time meal allowance	10.20 per meal

 

Table 3 - Weekly Rates - Skill Level A

 

Skill Level A:  Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

 

 

Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rates is 20 per cent.

 

Table 4 - Weekly Rates Skill Level B

 

Skill Level B:  Where the accredited training course and work performed are for the purpose of generating skills which  have been defined for work at Skill Level B.

 

 

Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rates is 20 per cent.

 

Table 5 - Weekly Rates Skill Level C

 

Skill Level C:  Where the accredited training course and work performed are for the purpose of generating skills which  have been defined for work at Skill Level C.

 

 

Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rates is 20 per cent.

 

APPENDIX A

 

INDUSTRY SKILLS LEVELS

 

Skills Level A -

 

Office Clerical

 

Commonwealth Public Sector Clerical

 

State Public Sector Clerical

 

Local Government Clerical

 

Finance, Property and Business Services

 

Skills Level B -

 

Wholesale and Retail

 

Recreation and Personal Services

 

Transport and Storage

 

Manufacturing

 

Skills Level C -

 

Community Services and Health

 

Pastoral

 

Environmental

 

Wholesale and Retail - Vehicle Repair Services and Retail Sector

 

 

 

E. A. R. BISHOP, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.