Makers (State) Award
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1642 of 2008)
27 November 2008
subclause 17.8, of clause 17, Payment of Wages, of the award published 21
February 2003 (338 I.G. 393) and renumber existing subclauses 17.9, 17.10,
17.11, 17.12 and 17.13 to read as 17.8, 17.9, 17.10, 17.11 and 17.12
2. Insert the
following new paragraphs after subclause 17.9.10:
17.9.11 the name
and Australian Business Number of the employer;
17.9.12 the name
of the employer;
17.9.13 if the
remuneration of the employee is set by an industrial instrument-the
classification of the employee under that instrument;
17.9.14 the date
on which the payment was made;
period of employment to which the payment relates.
3. Delete the word
"his" wherever appearing in subclause 20.3 of clause 20, Allowances
and insert in lieu thereof the word "their" in each place.
4. Delete the
words ", and as set out in paragraph 21.7.2" from 21.2.1(b) of clause
5. Delete the word
"his" wherever appearing in subclause 27.1 of clause 27, Meal Breaks,
and Rest Periods, and insert in lieu thereof the word "their" in each
6. Delete the
words "but may not leave the premises" from paragraph 27.7.4 of
subclause 27.4 of the said clause 27.
7. Delete the word
"his" wherever appearing in paragraph 28.5.1 of subclause 28.5 of
clause 28, Overtime, and insert in lieu thereof the word "their" in
8. Delete the word
"he" wherever appearing in the said clause 28.5.1 and insert in lieu
thereof the word "she/he" in each place.
paragraph 28.8.8 of the said clause 28, and insert in lieu thereof:
28.8.8 Any untaken
accrued time off may be taken and paid for:
(i) as annual
(ii) as a mutually
agreed period of leave; or
10. Delete clause
29, Annual Leave and insert in lieu the following:
29. Annual Leave
29.1 Employees shall
be entitled to annual leave in accordance with the provisions of the Annual
Holidays Act 1944 (NSW).
29.2 During a period of
annual leave (including any period of leave allowed before due date) an
employee shall receive a loading calculated on the award rate of wage for the
occupation in which the employee was ordinarily employed immediately prior to
the commencement of the employee's leave. This loading, applicable to both time
workers and payment by results workers, shall be as follows:
(a) Employees on Day
Work - An employee who would have worked on day work had the employee not been
on leave shall receive a loading of 17.5 per cent.
(b) Employees on
shift work - An employee who would have worked on shift work had the employee
not been on leave shall receive a loading of 17.5 per cent.
Provided that where the employee would have received a
shift loading had the employee not been on leave during the relevant period and
such shift loading would have entitled the employee to a lesser amount than the
loading of 17.5 per cent, then such loading of 17.5 per cent shall be added to
the award rate of wage prescribed herein in lieu of the shift loading.
The loading prescribed by this paragraph is payable
when services terminate in the following circumstances and not otherwise:
(i) in respect of
any untaken part of a full entitlement to annual leave for which payment in
lieu is made; or
(ii) in respect of
any uncompleted twelve-month period for which proportionate leave on
termination is payable, if services are terminated by the employer for reasons
other than malingering, inefficiency, neglect of duty or misconduct, after 25
August in any year, or in the case of an employee who would not normally be
taking any annual leave over the Christmas/New Year period if such termination
by the employer is within four calendar months of the date the employee would
normally have taken the employee's annual leave.
11. Delete the words
"clause shall" from subclause 34.1, of clause 34, Payment for Work
Done on Holidays, and insert in lieu thereof the words "clause 33
subclause 51.7 of clause 51, Amenities and renumber existing subclause 51.8 to
read as 51.7.
subclauses 53.3 and 53.4 of clause 53, Area, Incidence and Duration and insert
in lieu thereof the following:
53.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 27 November 2008.
53.4 This award
remains in force until varied or rescinded, the period for which it was made
already having expired.
S. McKENNA, Commissioner
the authority of the Industrial Registrar.