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





spacer image spacer image

Funeral Industries (State) Reviewed Award 2008
  
Date02/27/2009
Volume367
Part2
Page No.359
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6916
CategoryAward
Award Code 363  
Date Posted02/27/2009

spacer image spacer image

spacer image Click to download*
spacer image
(363)

(363)

SERIAL C6916

 

Funeral Industries (State) Reviewed Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 666 of 2008)

 

Before Commissioner Bishop

11 November 2008

 

REVIEWED AWARD

 

PART A

 

1. Arrangement

 

PART A

 

Clause No. Subject Matter

 

1. Arrangement

2. Anti-Discrimination

3. Hours - Part I

4. Rosters and Days Off Duty

5. Wages - Part I

6. Overtime - Part I

7. Carrying of Caskets

8. Special Cases

9. Hours - Part II

10. Wages - Part II

11. Overtime - Part II

12. Sunday and Holiday Rates

13. Tool Allowance

14. Definitions

15. Meal Times, Crib Times and Meal Allowances

16. Saturday and Sunday

17. Holidays

18. Annual Leave

19. Annual Holidays Loading

20. Long Service Leave

21. Long Service Leave Allowance

22. Sick Leave

23. Termination of Employment

24. Personal/Carer’s Leave

25. Rest Pause

26. Provision of Clothing, Gloves, Etc.

27. Funeral Vehicles

28. Compassionate Leave

29. Jury Service

30. Payment of Wages

31. Union Meetings

32. Parental Leave

33. Interchange of Employees

34. Entering Premises

35. Right of Entry

36. Sydney Chevra Kadisha

37. Embalming

38. Redundancy

39. Superannuation

40. Casual Conversion

41. Dispute Avoidance and Grievance Procedures

42. Traineeships

43. Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2. Anti-Discrimination

 

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

 

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

 

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

 

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

 

(a) Any conduct or act which is specifically exempted from anti‑discrimination legislation.

 

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

 

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

 

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

 

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

 

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 the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

PART I

 

FUNERAL DIRECTORS

 

3. Hours

 

(i) Weekly Employees - Day Workers

 

(a) The ordinary working hours for all employees, other than Resident Managers, Relieving Managers, Non-Resident Officers and Duty Officers, shall be an average of 38 hours per week worked in accordance with the following provisions for a four-week work cycle.

 

(1) Subject to sub-paragraph 3, ordinary working hours shall be worked as a 20 day, four week cycle of eight hours each, Monday to Friday, inclusive, between the hours of 7.00 a.m. and 8.00p.m with 0.4 (2/5ths) of one hour each day worked accruing as an entitlement to take one day off during the four week cycle as a rostered day off, paid for as though worked.

 

(2) Subject to sub-paragraph 9, the rostered day off shall be taken within the four-week cycle, between Mondays to Friday, on a day allocated by the employer.

 

(3) Without limiting the right of an employer to stagger commencing and finishing times in accordance with sub-paragraph (1), an employer may enter into agreement with its employees, on an individual or collective basis, to provide for the alteration of commencing time earlier than 7.00 a.m. provided that the ordinary hours shall not exceed eight per day.

 

(4) In cases of emergency, the ordinary commencing and finishing times of work shall be alterable by giving at least 3 day's notice to the employee(s) concerned.

 

(5) Except as provided for in sub-paragraphs, (6), (7), or (8) of this paragraph, in cases where an employee, in accordance with sub-paragraph (1) hereof, is entitled to a day off during his/her work cycle such employee shall be advised by the employer at least 4 weeks in advance of the week day he/she is to take off.

 

(6) In the case of an emergency, and if at least one day's notice is given, an employer may substitute the employee's rostered day off for another day.

 

(7) An employee who is required by his/her employer to work on his/her rostered day off in circumstances other than those in sub-paragraph (6) shall be granted an alternative day off to be taken at a mutually agreed time.

 

(8) An individual employee, with the agreement of his/her employer, may substitute the day he/she is to take off for another day.

 

(9) An employer may hold up to a maximum of 5 days accrued in accordance with sub‑paragraph (1).

 

The accrued days are to be taken at a time mutually agreed between the employer and the employee, but within twelve months of the date the first rostered day off accrued under this sub-paragraph.

 

(10) In the absence of agreement being reached between an employer and its employees on any of the abovementioned matters, the Disputes Procedure of this Award shall be used to resolve the issue. Failing this, the parties shall refer the matter to the Industrial Commission of New South Wales for resolution.

 

(11) The ordinary hours of work of resident managers and relieving managers shall be in accordance with subparagraph (1) of this paragraph except that such hours may be worked Monday to Saturday, inclusive.

 

(12) The ordinary hours of work of non-resident officers and duty officers shall be in accordance with subparagraph (1) of this paragraph; provided that such hours shall be worked between the hours of 7.00 a.m. and 10.00 p.m.; and provided further that all ordinary hours worked by non-resident officers and duty officers which commence at 12 noon or thereafter shall be paid for at the ordinary rate of wage as provided for in subclause (i) of Clause 5 - Wages, of this award, plus 15 per cent.

 

(13) A resident manager may, by agreement between the employee and the employer, take a Sunday off in lieu of a rostered day off.

 

(ii) Casual Employees

 

(a) The ordinary working hours of casual employees shall be a minimum of four hours per day.

 

(b) Commencing and ceasing times:

 

(1) Casuals may work ordinary hours between 7.00 a.m. and 8.00 p.m. Monday to Saturday inclusive.

 

(2) During ordinary hours, Casuals shall work a minimum four hours for each start. Outside of ordinary hours Casuals shall work a minimum of two hours for each start.

 

(iii) Afternoon Shift Workers

 

(a) The ordinary hours of work for afternoon shift workers shall be worked as a twenty‑day, four‑week cycle of eight hours each, Monday to Friday, inclusive, between the hours of 11.00 a.m. and 8.00 p.m., and shall be paid for at the ordinary rate of wage as provided for in subclause (i) of Clause 5 - Wages, of this award, plus 15 per cent, with a meal break of not less than forty-five minutes nor more than one hour on each day worked, to be taken when required by the employer with 0.4 (2/5) of one hour each day worked accruing as an entitlement to take one pre-determined day as a day off paid for as though worked, provided that such day off shall be taken in accordance with subparagraph (2) of paragraph (a) of subclause (i) of this clause and provided further that no hours shall be accrued in respect of any overtime worked, whether worked on an ordinary working day or on an overtime day.

 

(iv) For the purposes of subclauses (i) and (iii) of this clause, the words "each day worked" shall include each day of annual leave taken but shall not include any day taken on any other form of leave whether or not the other form of leave is paid or unpaid leave.

 

4. Rosters and Days Off Duty

 

(i) Every employer shall, by legible notice which shall bear the date when it is fixed, exhibit and shall keep exhibited in a place accessible to employees, the starting and finishing times for each employee, other than casual, for each day of the week within the span of hours in Clause 3 - Hours, of this award. Except as provided for in sub-paragraphs 3 and 4 of Clause 3 - Hours, Clause 15 - Meal Times, Crib Times and Meal Allowances, of this award, as to meal breaks, such roster shall not be changed unless not less than seven days notice is given by posting such alteration in the yard.

 

(ii)

 

(a) All Resident Managers and Resident Arranging Officers working under this award shall be given at least one day off duty in each week. Such day off duty, excepting in the circumstances mentioned in subclauses (vii) and (viii) of this clause, shall be a full 24 hours' duration. Such day off duty shall be a rostered day, Monday to Saturday, inclusive, provided that on ten occasions per year such rostered time off shall be for a period of 36 hours. Such 36-hour period off duty shall be arranged by agreement between the employer and the employee and shall be between 8.00 a.m. on the first day and 8.00 p.m. on the following day, subject to the availability of relief or other resident officers in the same organisation being not off duty. All other employees working in accordance with paragraph (b) of subclause (ii) of Clause 3 - Hours, of this award, shall be given at least one rostered day off duty in each week; provided that unless mutually agreed, relieving managers will be rostered off at least fifty per cent on Saturdays.

 

(b) Where an employee's rostered day off duty falls on any of the days specified as a holiday in Clause 17 - Holidays, of this award, and he/she is deprived of a day off, the employee shall be given another day off duty within fourteen days.

 

(iii) A roster shall be posted at each place of employment setting out days off duty not less than four weeks in advance and a register of days off duty actually taken shall be kept at each work place.

 

(iv) Redirection services may be utilised by an employer during those hours where a resident manager is on his/her rostered days off duty, on annual leave or absent from the premises for any other reason, if the employer does not consider a relieving manager necessary.

 

(v) It is the employer's prerogative to determine, after having considered all factors connected with a particular branch or head office, how he/she wants any particular premises attended to, i.e., by resident officers, relieving officers, non-resident officers, answer telephone or redirection signs or services or any combination of them.

 

(vi) Resident Managers, Resident Arranging Officers, Relieving Managers, Non-Resident Officers and Duty Officers shall, when required for relief work in accordance with this clause, participate in rosters and work overtime to meet the needs of the industry.

 

(vii) Notwithstanding anything elsewhere contained in this clause, where, through any emergency or unforeseen accident, proof whereof shall be upon the employer, the employer is unable to provide relief after 11.00 p.m., and where the employer considers it necessary to have an officer in attendance on the premises, by mutual arrangement the resident manager may be required to return to the premises at 11.00 p.m. In such cases the resident manager will be compensated by an additional half day off.

 

(viii) Notwithstanding anything elsewhere contained in this clause where, through any emergency or unforeseen accident, proof whereof shall be upon the employer, an employee is required by the employer to work on the rostered day off duty, shall be given another day off duty within fourteen days after he/she has worked on such day.

 

(ix) In addition to the days off prescribed in paragraph (a) of subclause (ii) of this clause, Resident Managers and Resident Arranging Officers shall be allowed an additional five days off duty in each year, such days off shall be between 8.00 a.m. and 5.00 p.m. and shall be taken as arranged between the Resident Arranging Officers and the employer.

 

(x) The spouse of the Resident Manager or Resident Arranging Officer shall be allowed the same days off duty.

 

(xi) An employee, when relieving a Resident Manager or Resident Arranging Officer on his/her 24 hours off duty, shall be paid the applicable overtime rates from the employee’s rostered finishing time for all time worked until 11.00 p.m.; provided that this clause shall not apply to a Resident Manager or Resident Arranging Officer relieving in accordance with paragraph (b) of subclause (x) of Clause 6 - Overtime, of this award.

 

(xii) An employee, when relieving a Resident Manager on his/her 24 hours off duty, who is required to remain on the premises overnight shall be paid the appropriate overtime rates from the employee’s rostered finishing time until 11.00 p.m.; provided that this provision shall not apply to a Resident Manager relieving in accordance with paragraph (b) of subclause (x) of Clause 6 - Overtime, of this award. For the period 11.00 p.m. until 8.00 a.m., he/she will be paid the appropriate stand-by rate as provided in subclause (vi) of Clause 6 - Overtime, of this award; provided that subclause (iii) of Clause 6 - Overtime, of this award shall not apply.

 

(xiii) An employee, when relieving a Resident Manager or Resident Arranging Officer who is off duty on a Sunday or holiday will be given a day off in lieu at a time mutually agreed between the employer and the employee for being in attendance at head office or a branch from 8.00 a.m. until 5.00 p.m. on such day. The provisions of subclauses (xi) and (xii) of this clause shall apply to any time worked after 5.00 p.m.

 

5. Wages

 

(i) The rates of pay shall be the minimum to be paid to weekly employees in the classifications as set out in Table 1 of Part B of this award:

 

The rates of pay in this award include the adjustments payable under the State Wage Case 2006, the State Wage Case 2007 and the State Wage Case 2008. These adjustments may be offset against:

 

(a) any equivalent overaward payments, and/or

 

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

 

(ii) Casuals

 

(a) Casuals may be employed in any of the classifications in subclause (i) of this clause, and shall be paid one thirty‑eighth of the weekly rate for the appropriate classification plus 15 per cent.

 

(b) Casual employees are also entitled to be paid 1/12th of the employee’s ordinary pay, as defined in the Annual Holidays Act 1944 to pay for the employees’ annual holiday entitlement.

 

(c) All sums payable to casual employees shall be paid to them at the termination of their engagement.

 

(iii) Juniors

 

(a) The minimum weekly rates of pay to be paid to juniors shall be the following percentages of the minimum rate of pay for the appropriate classification as set out in subclause (i) of this clause:

 

 

Percentage

 

%

18 years and under 19 years

48

19 years and under 20 years

60

20 years and under 21 years

72

21 years and over

100

 

(iv) Relieving Manager

 

An employee relieving a resident manager on annual leave or on days off if required to reside on the premises shall be paid a weekly wage at the rate of a resident manager, a living-away allowance as set out in Item 1 of Table 2 except as provided for in subclauses (xi), (xii) and (xiii) of Clause 4 - Rosters and Days Off Duty, of this award.

 

(v)

 

(a) A Resident Manager who is required by his/her employer to perform the general cleaning of a business section of head office or branch premises outside the employee’s normal rostered hours shall be paid a cleaning fee at the rate as set out in Item 2 of Table 2.

 

(b) Such payment shall not apply to the cleaning of flower petals and like from a chapel and vestibule after a funeral service.

 

(c) Work shall not be considered to have been performed for the purpose of this clause unless a claim therefore is made in the daily or weekly time sheets or otherwise within fourteen days after the performance of such work.

 

(v) Each Resident Manager shall, for the due performance of the employee’s duties, reside at the premises of which the employee is manager and shall be provided therewith quarters which include necessary floor coverings and blinds and with fuel and lighting.

 

(vi) An employee shall carry out all duties, as directed by the employer, which are within the limits of the employee's skill, competence and training.

 

(vii) Part Time Work

 

(a) An employee may be engaged on a part time basis. A part time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee.

 

(b) A part time employee is entitled to a minimum start per occasion of 3 continuous hours, except:

 

(i) where the employer and the employee concerned agree that there shall be a start of 2 continuous hours on 2 or more days per week, provided that:

 

1. a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, which must be specified, or

 

2. the place of work is within a distance of 5 kilometres of the employee’s place of residence

 

(c) A part time employee may work up to 38 hours per week without the payment of overtime.

 

(d) A part time employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a full time employee of the same classification contained in Table 1 of Part B Monetary Rates of this Award.

 

(e) Any hours worked by a part time employee outside the ordinary hours of work as set out in Clause 1, or in addition to the 38 hours per week shall be paid at overtime rates.

 

(f) Subject to this clause, all the provisions of the award shall apply to a part time employee on a pro rata basis.

 

6. Overtime

 

(i) All employees shall be paid in accordance with the following provisions:

 

(a) Time and One-Half

 

(1) Monday to Friday, inclusive, for all time worked in excess of the ordinary hours of work between 7.00 a.m. and the ordinary commencing time and for the first two hours after the ordinary ceasing time.

 

(2) Saturday for the first two hours worked in excess of the ordinary hours of work and double time thereafter.

 

(3) On Saturday for all time worked by Resident Managers and Relieving Managers on their Saturday on duty in excess of the ordinary rostered hours of work between 7.00 a.m. and 6.00 p.m.; provided that for all funeral, removal or delivery work by Resident Managers, Relieving Managers, Non-Resident Officers and Duty Officers, during their ordinary rostered hours on duty on a Saturday one-half time in addition to their ordinary pay shall be paid.

 

(4) All engagements for funeral work on Saturday shall commence not later than 10.00 a.m.

 

(b) Double Time

 

(1) Sunday for all time worked between 7.00 a.m. and 10.00 p.m.

 

(2) Monday to Friday, inclusive, for all time worked two hours after the ordinary ceasing time.

 

(3) Saturday for all time worked from midnight Friday to 7.00 a.m. Saturday on all work and after the first two hours of work on a Saturday morning, for hours in excess of ordinary hours as prescribed by this award.

 

(c) Double Time and One-Half

 

(1) For all time worked between 7.00 a.m. and 10.00 p.m. on holidays.

 

(2) For all time worked between midnight Saturday and 7.00 a.m. on Sunday.

 

(3) For all time worked between 10.00 p.m. and midnight on a Sunday.

 

(4) For all time worked during an employee's ordinary rostered hours of work on a holiday shall be paid for at the rate of double time and one-half in addition to the ordinary weekly wage.

 

(d) Treble Time

 

(1) For all time worked between the hours of midnight and 7.00 a.m. on a holiday.

 

(2) For all time worked between 10.00 p.m. and midnight on a holiday.

 

(ii)

 

(a) An employee called upon to work overtime within paragraphs (b), double time, and (c), double time and one-half and (d), treble time, of subclause (i) of this clause, shall, if he/she works less than two hours, be paid for a minimum of two hours' work at the appropriate rates.

 

(b) An employee shall, in relation to all functions of his or her classification, make himself or herself available to work reasonable overtime to meet the needs of the employer having regard to the nature of the industry.

 

(c) An employee engaged on Saturday morning for funeral work shall be paid for a minimum of four hours at the appropriate rate. Such an employee may be required to perform mixed functions or any of the duties of his or her classification, during such four-hour period.

 

(d) For the purposes of the performance of overtime work on Saturday mornings the employees located at an establishment of an employer shall arrange a roster amongst themselves to ensure that the minimum requisite number of employees required by the employer on such occasions shall be available for each Saturday if such overtime eventuates.

 

(iii) Each day shall be deemed to commence at midnight and finish at midnight.

 

(iv) In computing overtime the rate shall be calculated on the basis of 30 minutes so that any portion of one half hour being less than one half hour shall be reckoned as thirty minutes.

 

(v) An employee, recalled to work overtime in accordance with subclause (i) of this clause, after leaving his/her employer's premises, whether notified before or after leaving the employer's premises, shall be paid for a minimum of two hours at the appropriate overtime rate for each time he/she is so recalled.

 

(vi) When an employee is requested and does so to hold himself or herself in readiness for a call for work after ordinary hours he/she shall be paid as set out in Item 6 of Table 2, Monday to Friday, as set out in Item 7 of Table 2, Saturday and Sunday, and for all days mentioned in subclause (i) of Clause 17 - Holidays, of this award as set in Item 8 of Table 2.

 

(vii) Any employee or person employed or engaged to look after a head office or premises of a funeral director and the business connected therewith shall be granted the same conditions and overtime rates as those provided for Resident Managers or Arranging Officers excepting as provided for in subclauses (iv) and (vi) of Clause 5 - Wages, of this award.

 

(viii) When an employee is working overtime which terminates at a time when his/her usual means of transport to his/her place of residence is not available the employer shall provide him/her with suitable transport, free of charge.

 

(ix)

 

(a) A Resident Manager and Resident Arranging Officer shall not be entitled to overtime rates for time spent in his/her branch or in arranging funerals connected with his/her branch outside his/her ordinary working hours.

 

(b) A Resident Manager may be required to be in attendance at head office or to relieve at the branch of another resident manager on the latter's fixed weekly day off duty up to 11.00 p.m. on not more than one day in any one week without payment of overtime; provided that employees covered by Clause 33, Interchange of Employees, may be required to be in attendance at the premises of an associate company; provided that a resident manager on such occasions shall be paid one hour's travelling time at ordinary rates.

 

(c) A Resident Manager who is called away from his/her branch outside his/her ordinary working hours to do any work not connected with his/her branch (except in the circumstances referred to in paragraph (b) of this clause), or having attended head office or relieved another Resident Manager up to 11.00 p.m. as provided in paragraph (b) of this clause, is then required to remain after that time or carries out any removal or delivery outside his/her ordinary hours whether connected with his/her branch or otherwise shall be paid overtime at the appropriate rates for all time so occupied.

 

7. Carrying of Caskets

 

Employees are prohibited from the carrying of coffins/caskets containing a deceased person at shoulder height or above whilst engaged in funeral duties except where it is not practical to do so.

 

(i) For the loading and unloading of a casket, the following shall apply:

 

(a) Body of a person over 5 years of age - two people;

 

(b) Body of a person over twelve years of age - three people;

 

(c) Body contained in a rectangular American type casket where the inside length exceeds 1.67 metres (66 inches) or the inside width exceeds 508 mm (20 inches) - four people;

 

(d) Heavy body - one additional person if reasonably required.

 

Provided that where a removal is carried out by means of a stretcher, only two people shall be used. Not more than one body shall simultaneously be carried on a stretcher. This proviso shall not apply to person five years of age or under.

 

(ii) Where employees are engaged in the loading or unloading of a body of a person contained in a leaden casket, the number of employees to be used for such work shall be:

 

(a) under three years - two;

 

(b) between three and fifteen years - four;

 

(c) fifteen years and over - six.

 

(iii) Where the distance from the funeral vehicle to the place of interment or cremation is less than 182.8 metres (two hundred yards) under no circumstances shall less than two people be engaged on the work of loading or unloading of a deceased person over five years of age and not exceeding twelve years of age nor less than three people when the deceased person is over twelve years of age; provided that not less than four people shall be engaged in the work of carrying a rectangular American type casket when the inside length of the casket exceeds 1.67 metres (sixty-six inches) and in the work of carrying a casket containing a body so heavy as reasonably to require an additional person.

 

(iv) When the distance is greater than 182.8 metres (two hundred yards), there shall be one person extra in all of the cases referred to in subclause (iii) of this clause.

 

(v) The manning requirements on the loading or unloading of caskets prescribed by this clause do not apply to the manning levels on a funeral, as defined by Clause 14 of this Award, when, except for funeral services followed by cortege from a church or chapel, only one person will be required for each funeral.

 

8. Special Cases

 

(i) An employee required to do any work in connection with an exhumation shall receive an allowance as set out in paragraphs (a), (b), (c) and (d) of this subclause for each body exhumed in addition to his/her ordinary wage.

 

(a) Where a body has been buried for 14 days or less as set out in Item 13 of Table 2.

 

(b) Where a body has been buried for more than 14 days but less than 7 years and has been arterially embalmed and sealed in a metal, polythene or other approved plastic container ‑ as set out in Item 14 of Table 2.

 

(c) Where a body has been buried for more than 14 days but less than 7 years and has not been arterially embalmed and sealed in a metal, polythene or other approved plastic container - as set out in Item 15 of Table 2.

 

(d) Where a body has been buried in excess of 7 years - as set out in Item 16 of Table 2.

 

(ii) The provisions of this clause shall not operate so as to be cumulative in respect of one or more of the provisions of subclauses (i) to (vi), inclusive, of this clause.

 

PART II

 

CASKET AND/OR MANUFACTURING

 

9. Hours

 

(i) Weekly Employees

 

The ordinary working hours shall be 38 hours per week worked in accordance with the following provisions for a four week work cycle, the ordinary working hours shall be worked as a 20 day, four week cycle of eight hours each on Monday to Friday, inclusive, between the hours of 6.30 a.m. and 5.30 p.m., with 0.4 (2 fifths) of an hour each day worked accruing as either an entitlement to take one day off during the four week cycle as a rostered day off paid for as though worked or by agreement between the employee and the employer , an employee can work a four and a half day week.

 

(ii) The rostered day off shall be within the four-week cycle between Monday to Friday on a day allocated by the employer.

 

(iii) Where an employee in accordance with subclause (i) hereof, is entitled to a day off during their work cycle, such employee shall be advised by the employer at least four weeks in advance of the week day that is to be taken off.

 

(iv) An employer may hold up to a maximum of five days accrued in accordance with subparagraph (i). The accrued days are to be taken at a time mutually agreed between the employer and the employee, but within 12 months of the date the first rostered day off accrued under this subparagraph. Upon termination, any untaken accrued days shall be paid to the employee.

 

(v) In the absence of agreement being reached between an employer and its employees on any of the abovementioned matters, the dispute procedure of this award shall be used to resolve the issue. Failing this, the parties shall refer the matter to the Industrial Commission of New South Wales for resolution.

 

(vi) Casual Employees

 

The ordinary working hours of casual employees shall be eight hours per day or four hours per half day, between the hours of 6.30 a.m. and 5.30 p.m.

 

(vii) Every employer shall, by legible notice, which shall bear the date when it is fixed, exhibit and shall keep exhibited, in a place accessible to the employees, the starting and finishing times for each employee, other than casuals, for each day of the week within the span of hours prescribed by this clause. Except as provided for in Clause 15 - Meal Times, Crib Times and Meal Allowances, of Part III, General, of this award, as to meal breaks, such roster shall not be changed unless not less than seven days' notice is given by posting such alteration.

 

10. Wages

 

(i) The following rates of pay shall be the minimum to be paid to weekly employees in the classifications as set out in Table 1 of Part B.

 

(ii) The minimum weekly rates of pay to be paid to juniors shall be the following percentages of the minimum rates of pay for a Casket Maker:

 

 

Percentage of Casket Maker Rate

 

%

17 years and under

40

18 years of age

48

19 years of age

60

20 years of age

72

 

(iii) Consequent upon any change in the wage fixation principles of the Industrial Commission of New South Wales, arising out of any State Wage Case or Inquiry, leave is reserved for the parties to re‑submit the question of wages.

 

(iv) Casuals

 

(a) Casuals may be employed in classifications (h) and (i) only, of subclause (i) of this clause, and shall be paid one 38th of the weekly rate for the appropriate classification plus 15 per cent with a minimum of four hours for each start.

 

(b) All Casuals should be employed for a minimum of four hours.

 

(c) All sums payable to casual employees shall be paid to them at the termination of their engagement.

 

(v) An employee should carry out all duties as directed by the employer, which are within the limits of the employee's skill, competence and training.

 

(vi) The rates of pay in this award include the adjustments payable under the State Wage Case 2006, the State Wage Case 2007 and the State Wage Case 2008. These adjustments may be offset against:

 

(a) any equivalent overaward payments, and/or

 

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

 

(vii) Part Time Work

 

(a) An employee may be engaged on a part time basis. A part time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee.

 

(b) A part time employee is entitled to a minimum start per occasion of 3 continuous hours, except:

 

(i) where the employer and the employee concerned agree that there shall be a start of 2 continuous hours on 2 or more days per week, provided that:

 

1. a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, which must be specified, or

 

2. the place of work is within a distance of 5 kilometres of the employee’s place of residence

 

(c) A part time employee may work up to 38 hours per week without the payment of overtime.

 

(d) A part time employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a full time employee of the same classification contained in Table 1 of Part B Monetary Rates of this Award.

 

(e) Any hours worked by a part time employee outside the ordinary hours of work as set out in Clause 1, or in addition to the 38 hours per week shall be paid at overtime rates.

 

(f) Subject to this clause, all the provisions of the award shall apply to a part time employee on a pro rata basis.

 

11. Overtime

 

(i) All time worked outside the spread of hours prescribed by Clause 3 - Hours, of this award, or in excess of eight hours, Monday to Friday, inclusive, shall be paid for at the rate of time and one‑half for the first two hours and double time thereafter.

 

(ii) All time worked on a Saturday shall be paid for at the rate of time and one‑half for the first two hours and double time thereafter; provided that work performed after 12 noon on a Saturday shall be paid at double time.

 

(iii) Casual employees shall be paid the same rates as permanent employees of the same classification.

 

(iv) An employee recalled to work overtime shall be paid a minimum of two hours for each time he/she is so recalled. Payment shall be in accordance with the rates prescribed in Clause 7 - Overtime, of Part I of this award.

 

(v) In computing overtime, any portion of an hour being less than one hour shall be reckoned as one hour and the hourly rate shall be taken to the nearest cent. In calculation of overtime, any amount not exceeding one-half cent shall be disregarded, provided that, for the purpose of this subclause, any period of ten minutes or less may be disregarded.

 

12. Sunday and Holiday Rates

 

(i) Except as provided for in subclause (iv), of Clause 6 - Overtime, of this award, all time worked on Sunday shall be paid for at the rate of double ordinary rates.

 

(ii) Except as provided for in subclause (iv) of Clause 6 - Overtime, of this award, all time worked on public holidays shall be paid for at the rate of double time and one-half in addition to the ordinary weekly wage.

 

13. Tool Allowance

 

The employer shall provide and keep in efficient condition all tools and/or equipment which he/she requires the employee to use or alternatively where an employee engaged in casket manufacturing is required to use his/her own tools and/or equipment, he/she shall be paid a tool allowance as set out in Item 20 of Table 2.

 

PART III

 

GENERAL

 

14. Definitions

 

(i) Head Office shall mean the premises which are fitted as a Funeral Parlour and the principal place of business of a Funeral Director. Where a Funeral Director has only one funeral parlour those premises shall be the Head Office.

 

(ii) A Branch shall be any Funeral Parlour other than Head Office or any Agency.

 

(iii) An Agency shall be any premises other than a Head Office or a Branch.

 

(iv) Resident Manager at Head Office

 

At the Head Office of a Funeral Director incorporating a chapel, funeral parlour or workshop, a Resident Manager may be employed and if so employed shall reside on the premises and shall be paid the same wages and shall enjoy the same conditions of employment as a Branch Manager.

 

(v) Resident Manager at a Branch shall mean a weekly employee required to look after, and who resides at a branch and who may be employed in any capacity in the funeral industry covered by this award, and except where otherwise provided for therein, shall be paid overtime rates and shall be entitled to all other conditions of this award applying to other employees. Any person temporarily relieving the resident manager at head office or a branch on his/her time off duty shall be granted the same conditions and overtime rates as those provided for Resident Managers but both must not be on duty at the same time.

 

(vi) Relieving Manager shall mean a weekly employee who may be employed in any capacity in the funeral industry covered by this award and who is regularly employed to relieve a Resident Manager during his/her time off duty. Such employee, whilst relieving a Resident Manager shall, except where otherwise provided for herein, be granted the same conditions and overtime rates as those provided for Resident Managers, but both must not be on duty at the same time.

 

(vii) Non-Resident Officer and Duty Officer

 

Non-Resident Officer or Duty Officer may be employed at Head Office or a Branch. His/Her ordinary working hours and limitation on work during normal hours will be as provided in subparagraph (3) of paragraph (a) of subclause (i) of Clause 3 - Hours, of Part I - Funeral Directors, of this award. Where a Non-Resident Officer or Duty Officer is employed under this category a Resident Manager need not be employed. They may be employed in any capacity in the funeral industry covered by this award.

 

(viii) Resident Arranging Officer shall mean a weekly employee residing at branch premises fitted for use as a funerals chapel or parlour, and who acts in the arranging of funerals, the carrying out of any receptionist duties or any administrative functions connected with the arranging or planning of funerals and the supervision of viewing and other duties connected with the administrative conduct of that branch, but shall not be employed to do any other work in the funeral industry covered by this award.

 

(ix) Arranging Officer shall mean a weekly employee required to make funeral arrangements, the carrying out of any receptionist duties or any administrative functions connected with the arranging or planning of funerals and the supervision of viewing and other duties connected with the conduct of any office of branch, but shall not be employed to do any other work in the funeral industry covered by this award.

 

(x) Embalmer shall mean a weekly employee or a duly qualified casual employee engaged for more than half of his/her working time in the work of sterilisation and/or preservation of human remains and who may be employed also in any other capacity in the undertaking industry covered by this award.

 

(xi) Conductors shall mean an employee engaged for more than half of his/her working time to supervise the carrying out of funerals from any place to a cemetery or crematorium and the return there from.

 

(xii) Trainee Embalmer shall mean an employee engaged to perform the duties of a Shopman, as defined, and who in addition to body preparation, will perform invasive procedures under supervision of a qualified embalmer.

 

(xiii) Shop person shall mean a weekly or casual employee engaged in the making, trimming, polishing or finishing of coffins, wholly or partially, and who may also be employed in any capacity in the undertaking industry covered by this award.

 

(xiv) Casket Maker shall mean any employee, other than a shop person, wholly or partially engaged in the making, spraying, staining, lacquering, varnishing, and/or polishing of caskets and/or crematoria urns by hand or any mechanical process. He/She shall not be employed in any other capacity in the undertaking industry covered by this award.

 

(xv) Labourer is an employee engaged to perform routine labouring duties in and about casket making production facilities.

 

(xvi) Casket without limiting its general meaning, shall include any casket irrespective of the material used in its construction and manufactured for the purpose of the transfer, cremation or interment of a deceased person.

 

(xvii) Funeral shall mean the conveying of a casket containing the body of a deceased person from any place direct to a cemetery, crematorium or mausoleum for the purpose of interring, cremating or entombment of the remains.

 

No employee shall be required or permitted to deliver a deceased person to a cemetery, crematorium or mausoleum for the purpose of interring, cremating, entombment or committal of such deceased persons more than eight hours (8) prior to the commencement of service or committal for such deceased person and such employee shall not be required or permitted to deliver a deceased person to a crematorium for the purpose of cremation other than to the crematorium chapel.

 

(xviii) Transfer shall mean the conveying of a deceased person from one place to another other than for the purpose of interment, cremation or entombment.

 

(xix) Union shall mean The Funeral and Allied Industries Union of New South Wales.

 

15. Meal Times, Crib Times and Meal Allowance

 

(i) All employees, excluding non-resident officers and duty officers whose ordinary working hours commence at or after 12 noon, but including full day casuals, shall be allowed not less than forty‑five minutes nor more than one hour for a meal, between the hours of 11.00 a.m. and 2.30 p.m. on each day, Monday to Friday.

 

(ii)

 

(a) Non‑resident officers and duty officers whose ordinary working hours commence between 12 noon and 2.00 p.m. shall be allowed not less than forty‑five minutes nor more than one hour as an unpaid meal break at a time as close as practicable to the middle of their hours worked, Monday to Saturday, inclusive.

 

(b) Non‑resident officers or duty officers whose ordinary working hours commence at 2.00 p.m. shall be allowed twenty minutes as a crib time which shall be counted as time worked, Monday to Saturday, inclusive.

 

(iii) Any employee who commences work before 7.00 a.m. and who continues to work up to and including the ordinary commencing time for that day shall, in addition to the meal time prescribed in subclause (i) of this clause, be allowed twenty minutes as a crib time which shall be counted as time worked and shall be taken before commencing his/her ordinary duties.

 

(iv) Half day casuals shall not be allowed a meal break.

 

(v) Any employee who is not notified on or before the time he/she ceases duty on the previous day that he/she will be required to take his/her meal period at some other place than his/her recognised depot or workshop shall be paid the sum as set out in Item 21 of table 2 of Part B, to provide for a meal provided that on a Monday or a day succeeding a public holiday such notification may be given at the last known address of the employee not later than the time reasonably necessary for the employee to travel from his/her home to his/her recognised depot or workshop. The allowance prescribed herein shall be paid for on a daily basis.

 

(vi) Within six hours after his/her actual commencing time or within five hours after his/her ordinary rostered commencing time an employee shall be granted a meal break and if the employee is not granted a meal break, in accordance with subclause (i), of this clause, he/she shall, before commencing a new job, be granted a crib break of twenty minutes which shall be counted as time worked.

 

(vii) An employee required to work overtime for more than two hours immediately after his/her ordinary ceasing time shall be allowed a crib break of twenty minutes which shall be counted as time worked.

 

(viii) Employees required to commence work at or before 6.00 a.m. or who are required to work overtime for more than two hours after the ordinary ceasing time shall be paid a meal allowance as set out in Item 22 of Table 2. This subclause shall not apply in respect to removals or deliveries performed at or before 6.00 a.m. and shall not apply in cases where an employee is recalled for overtime on a particular day.

 

(ix) Employees required to work after 7.00 p.m. on Saturdays, Sundays and public holidays shall be paid a meal allowance as set out in Item 23 of Table 2.

 

16. Saturday and Sunday

 

(i) The only work permitted on a Saturday after 12 noon and on a Sunday shall be arranging funerals, transfers, deliveries, coffining, trimming and making of caskets, preservation work and/or wet cleaning or dusting of vehicles. This clause shall not apply to funerals which commence before 12 noon on a Saturday.

 

(ii) On a Saturday, a Sunday or a public holiday within six hours of his/her actually commencing work or not later than five hours after his/her rostered starting time fixed for week days in accordance with subclause (i), of Clause 4 - Rosters and Days Off Duty (Part I), of this award, an employee if he/she is required to work continuously thereafter, shall be granted a meal break of not less than forty‑five minutes. If an employee is not granted such meal break he/she shall be allowed a crib break of twenty minutes which shall be counted as time worked.

 

17. Holidays

 

(i) The following day or days observed as such shall be holidays, viz., New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day or Eight Hour Day, Christmas Day, Boxing Day and all days proclaimed or observed as holidays for the State..

 

(ii) All days mentioned in subclause (i) of this clause shall be closed days, with the exception of Easter Monday, Easter Saturday and Queens Birthday and shall be free from work except arranging transfers, removals, deliveries, coffining, trimming and/or preservation work; provided that when the observance of Boxing Day results in there being four consecutive holidays then on that occasion Boxing Day shall not be a closed day.

 

(iii) Every employee allowed a holiday specified herein shall be deemed to have worked, in the week in which the holiday falls, the number of ordinary working hours he/she would have worked had the day not been a holiday and shall be paid at the appropriate rate of pay prescribed by this award.

 

(iv) An employee required to work on a holiday shall be so notified not later than 5.00 p.m. on the day preceding the holiday.

 

(v) A relieving manager shall be paid for all holidays specified in this clause if they occur whilst he/she is relieving in a branch or head office or be given another day off in lieu of each such holiday within 14 days from the termination of his/her relief duty.

 

(vi) Employees will not be entitled to the payment specified in subclause (iii) for holidays prescribed in subclause (i) of this Clause if the employee has not complied with the requirements of subclause (iv)(d) of Clause 22 of this Award.

 

18. Annual Leave

 

(i) For annual holidays all employees, other than Branch Managers, Resident Managers and Resident Arranging Officers, see Annual Holidays Act 1944.

 

(ii) Branch Managers, Resident Managers and Resident Arranging Officers shall, at the end of each year of employment by an employer, become entitled to an annual holiday of five working weeks on ordinary pay; provided that when a holiday specified in Clause 17 - Holidays, of this award, falls within the Branch Manager's, Resident Manager's and Resident Arranging Officer's annual leave period an additional day shall be added to his/her annual leave for each such holiday.

 

(iii) The carrying on of the branch during the Branch Manager's, Resident Manager's and Resident Arranging Officer's annual leave shall be by mutual arrangement between the employer, Branch Manager or Resident Arranging Manager and Resident Arranging Officer going on leave. In the event of the parties being unable to agree the matter shall be referred to the Funeral Industry (State) Conciliation Committee.

 

(iv)

 

(a) In the event of a Branch Manager, Resident Manager or Resident Arranging Officer being dismissed or leaving his/her employment, and that period of employment is less than twelve months, his/her annual leave entitlement shall be at the rate of 5/47ths of his/her ordinary rate of pay for the number of weeks he/she was so employed. Payment shall be made by the employer at the termination of the employee's services.

 

(b) Only in the circumstances mentioned in paragraph (a) of this subclause shall an employer make payment in lieu of annual holidays, and only under the same circumstances shall an employee receive such payment. For the purposes of administering this clause the term (ordinary pay) shall be as defined in the Annual Holidays Act 1944.

 

19. Annual Holidays Loading

 

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

 

(ii) Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his/her 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 (vi), of this clause.)

 

(iii) 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.

 

(iv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each such separate period.

 

(NOTE: See subclause (vi) as to holidays taken wholly or partly in advance.)

 

(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate per week of 17 per cent of the appropriate ordinary weekly time rate of pay prescribed by Clause 5 - Wages, and Clause 10 - Wages, of this award, for the classification in which the employee was employed immediately before commencing his/her annual holiday together with the leading hand allowance where applicable but shall not include any other allowances, penalty or disability rates, overtime rates or any other payments prescribed by this award.

 

(vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she 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 (v) of this clause applying the award rates payable on the day.

 

(vii) 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:

 

(a) 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 (v) of this clause.

 

(b) 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 to him under the Act such proportion of the loading that would have been payable to him under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

 

(viii)

 

(a) Where the employment of an employee is terminated by his/her 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 he/she becomes entitled the employee shall be paid a loading calculated in accordance with subclause (v), of this clause, for the period not taken.

 

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

 

20. Long Service Leave

 

See Long Service Leave Act 1955.

 

21. Long Service Leave Allowance

 

(i) All employees after five years continuous service with one employer shall be paid in addition to the rates prescribed by Clauses 5 and 10 - Wages of this award, a long service bonus of the amount as set out in Items 24, 25, 26 and 27 of Table 2.

 

(ii) Payment due under this clause shall be made on the usual pay day, when other payments under this award are made.

 

(iii) For the purpose of this clause continuous service shall not be deemed to have been broken by absence whilst a member of the Defence Forces of the Commonwealth in time of war. Continuous service shall not be deemed to have been broken by absence from the industry not exceeding six months in the aggregate or absence on account of illness or with the consent of the employer.

 

22. Sick Leave

 

(i) All employees other than casuals, with not less than 2 months' continuous service in the industry covered by this award who are absent from their work by reasons of personal illness or injury, not being from an injury arising out of or in the course of employment, shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

 

(a) the employee shall, within 24 hours of the commencement of such absence, inform the employer of his/her inability to attend for duty and, as far as practicable, state the nature of his illness or injury and the estimated duration of the absence;

 

(b) the employee shall furnish to the employer such evidence as the employer may desire that he/she was unable, by reasons of such illness or injury, to attend for duty on the day or days for which sick leave was claimed;

 

(c) the employee shall not be entitled in any year, whether in the employ of one employer or several in the aforesaid industry in such year, to leave in excess of 38 hours of ordinary time (to accrue on the basis of 3.16 hours per month) for his/her first year of service, or to leave in excess of 76 hours of ordinary time (to accrue on the basis of 6.34 hours per month) for the second and subsequent years of continuous employment.

 

(ii) Where an employee is absent from employment on the working day or part of the working day immediately preceding or immediately following:

 

(a) a Holiday as defined by Clause 17 of this Award; or

 

(b) before or after a period of annual leave during which a holiday or holidays occur as defined without reasonable excuse, the employer's consent, or such other evidence as the employer may require, the employee shall not be entitled to payment for such holiday or holidays.

 

(iii) If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year provided that an employer shall not be bound to credit an employee for sick leave which accrued more than twelve years before the end of the last completed year of service.

 

23. Termination of Employment

 

(i) In order to terminate the employment of an employee, other than a Branch Manager, Resident Manager and Resident Arranging Officer, the employer shall give to the employee the following notice or payment in lieu of 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

 

(ii) In the case of a Branch Manager, Resident Manager and Resident Arranging Officer the Employer must give a minimum of 3 weeks notice of termination of employment for Branch Manager’s, Resident Manager’s and Resident Arranging Officer’s with less than 5 years continuous service and 4 weeks notice of termination to a Branch Manager, Resident Manager and Resident Arranging Officer’s with more than 5 years continuous service, to enable them to seek alternative accommodation.

 

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

 

24. 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 24(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 22, 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;

 

(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 the 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 41, Dispute Avoidance and Grievance 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 24(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) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at time or times agreed with the employer within 12 months of the said election.

 

(b) 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.

 

(c) 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.

 

(d) 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 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

 

(a) Subject to the evidentiary and notice requirements in 24(1)(b) and 24(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 24(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.

 

(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 to engage a casual employee are otherwise not affected.

 

25. Rest Pause

 

Where practicable employees shall be allowed ten minutes in the morning and ten minutes in the afternoon, to be taken at a convenient time for the purpose of refreshment; such periods to count as working time.

 

26. Provision of Clothing, Gloves, Etc

 

(i) Uniforms are to be provided and maintained by employer as follows- employer’s to provide 4 shirts or blouses and wet weather clothing including raincoat each year. The laundering of uniforms is the responsibility of the employee. All items of clothing remain the property of the employer.

 

(ii)

 

(a) All permanent employees required by the employer to wear a driver's uniform consisting of a coat, trousers, and raincoat shall be supplied with such items of clothing by the employer. The uniform supplied by the employer shall also be maintained by the employer. This maintenance shall be deemed to include dry cleaning where the employee has not wilfully or carelessly treated the said uniform.

 

(b) Casual employees who are required by their employer to supply and maintain their own uniform shall be paid a clothing allowance as set out in Item 28 of Table 2 for each half day or part thereof they attend for work.

 

(c) All employees covered by subclauses (viii) and (ix) of this clause shall be supplied by the employer with a minimum of four shirts per annum of the type stipulated by the employer, two of which shall be supplied at the commencement of the employment in the case of employees engaged after the coming into force of this award. Maintenance and laundering shall be the responsibility of the employee

 

(d) The ownership of all items of clothing or any apparel of whatsoever nature supplied to any employee under this section shall be vested in the employer and shall be deemed to belong to the employer and the employee will hold himself or herself responsible for the due care of all such items of clothing or apparel and shall forthwith return all such items of clothing and apparel supplied to him/her by the employer on termination of his/her employment.

 

(iii) All employees who are required to wash, clean, polish or service vehicles shall be provided with overalls or other protective clothing which shall remain the property of the employer. Such clothing shall, upon request, be renewed if the employer is satisfied that they are worn out or are unusable through damage not caused by the employee's default.

 

(iv) All employees required to wash motor vehicles shall be provided by the employer with rubber boots when requested by the employee.

 

(v) All casket makers and polishers shall be supplied with overalls by the employer;

 

(vi) All casket makers shall be provided with a suitable hand cream.

 

27. Funeral Vehicles

 

Transfer vehicles shall be so divided between the driver's compartment and the compartment carrying the remains as to provide reasonable isolation for the employees. This may be achieved by a fixed partition, a rigid or flexible canopy, or other approved methods.

 

28. Compassionate Leave

 

(i) An employee, other than a casual employee, shall be entitled to a maximum of three days compassionate leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause.

 

(ii) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide, to the satisfaction of the employer proof of death.

 

(iii) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of Clause 24 - State Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of compassionate 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) Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said subclause 24. 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 28(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 24(1)(c)(ii) of clause 24, 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.

 

29. Jury Service

 

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

 

An employee shall notify his/her employer as soon as possible of the date upon which he/she is required to attend for jury service. Further, the employee shall give his/her employer proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.

 

30. Payment of Wages

 

All wages shall be paid on a Thursday during ordinary working hours by cash, cheque or electronic funds transfer. Each pay envelope shall be endorsed with the gross amount payable to the employee and an itemised statement of the amounts and reasons for deductions.

 

31. Union Meetings

 

Employees shall be entitled to be paid for two meetings for the purpose of discussing matters affecting the award each calendar year, subject to the following:

 

(i) The meeting shall be called by the secretary of the union, who shall notify at least 14 days in advance of such meeting the Australian Business Industrial and Employers First™ and The Funeral Directors' Association of New South Wales Limited.

 

(ii) The maximum time allowed away from work for each meeting shall be of not more than 4 hours including travelling time. Employees shall attend for duty for any part of the rostered day occurring before or after the meeting.

 

(iii) Employees shall produce satisfactory proof that they attended the meeting.

 

(iv) Such meetings shall commence not earlier than 1.00 p.m.

 

(v) Such meetings shall not be convened:

 

(a) on a day immediately preceding or immediately following a day on which a meeting of members of the union bound by the Crematoria Employees (State) Award or of members of the Union bound by the Cemetery Employees (Cumberland, Northumberland, Wollongong and Central Illawarra) Award has been called for or is held; nor

 

(b) on a Monday or a Friday; nor

 

(c) on a weekday immediately preceding or immediately following a holiday within the meaning of Clause 17 - Holidays, of this award or on a day gazetted in lieu of a public holiday.

 

32. 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).

 

33. Interchange of Employees

 

Where two or more persons, firms or companies are carrying on business in association with interchange of employees every permanent employee shall upon engagement, be supplied with a written notification stating the name of his/her employer.

 

34. Entering Premises

 

An employee shall not enter the employer's premises before the time specified as the starting time for work shown on the roster, nor remain on the premises after the ceasing time unless he/she is required to do so by the employer for the purpose of working overtime.

 

35. Right of Entry

 

See Industrial Relations Act 1996.

 

36. Sydney Chevra Kadisha

 

This award shall apply to and shall be binding upon Sydney Chevra Kadisha, its successor or assignee, subject to the following conditions:

 

(i) The provisions of the said award applying to Sunday shall be observed on Saturday.

 

(ii) For the words Monday to Saturday or Monday to Friday, wherever appearing in this award, read the words Sunday to Friday or Sunday to Thursday, as the case may be.

 

(iii) The employee who resides on the Society's premises situated at Oxford Street, Woollahra, shall, for the purposes of this award, be regarded as a Branch Manager and the conditions of employment and wages prescribed by this award for Branch Managers shall apply to that employee.

 

(iv) The following days shall be substituted for the holidays specified in Clause 17 - Holidays, of this award, viz:

 

the first and seventh days of Passover;

 

the first day of Pentecost;

 

the first day of the Jewish New Year;

 

the day of Atonement;

 

the first and eighth days of Tabernacles.

 

(v) Notwithstanding this Clause, during any of the following:

 

(a) The Jewish New Year;

 

(b) The Day of Atonement;

 

(c) The Days of Tabernacles;

 

(d) The Jewish Feast of Passover; and

 

(e) The Jewish Pentecost

 

Funeral. Services Can be Carried Out on the Sunday at the Appropriate Rates.

 

37. Embalming

 

Embalming must be carried out under the supervision of a person who holds an approved qualification and in proper clinical and hygienic conditions.

 

38. Redundancy

 

(i) Application

 

(a) This clause shall apply in respect of full-time and part-time employees.

 

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(c) 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.

 

(d) 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.

 

(ii) Introduction of Change

 

(a) Employer’s duty to notify

 

(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or 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.

 

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

 

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(b) Employer’s duty to discuss change

 

(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.

 

(3) For the purpose 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.

 

(iii) Redundancy

 

(a) Discussions before terminations

 

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this subclause 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 the employees concerned.

 

(3) 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 workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iv) Termination of Employment

 

(a) Notice for changes in production, programme, organisation or structure

 

This 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 subclause (ii) (a)(1) above.

 

(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of Continuous Service

Period of Notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

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

 

(3) 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.

 

(b) 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 subclause (ii)(a)(1) above:

 

(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

(2) 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.

 

(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act, 1955, the Annual Holidays Act, 1944, or any Act amending or replacing either of these Acts.

 

(c) Time off during the notice period

 

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

 

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(d) Employee leaving during 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.

 

(e) Statement of employment

 

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

 

(f) Notice to Centrelink

 

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

 

(g) Centrelink 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 Centrelink.

 

(h) Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, 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 rates for the number of weeks of notice still owing.

 

(v) Severance Pay

 

(a) Where an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Under 45 Years of Age

Years of Service Age Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(2) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

45 Years of Age and over entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(3) ‘Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

 

(b) 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 (a) above.

 

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

 

(c) Alternative Employment

 

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 (a) above if the employer obtains acceptable alternative employment for an employee.

 

39. Superannuation

 

(i) Superannuation Legislation

 

The subject of superannuation is 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). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

(ii) Subject to the requirements of this legislation, superannuation contributions may be made to:

 

(1) ARF (Australia Retirement Fund);

 

(2) ASSET (Australian Superannuation Savings Employment Trust); or

 

(3) Such other funds that comply with the requirements of the legislation.

 

40. Secure Employment

 

(a) Objective of this Clause

 

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

 

(b) Casual Conversion

 

(i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of 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.

 

(ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c) Occupational Health and Safety

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(d) Disputes Regarding the Application of this Clause

 

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

 

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

 

41. Dispute Avoidance and Grievance Procedure

 

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps.

 

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

 

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

 

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

 

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

 

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

 

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

 

(f) The employer may be represented by an Industrial Organisation of Employers and the employee may be represented by an Industrial Organisation of Employees for the purpose of each procedure.

 

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

 

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

 

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

 

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

 

(d) The employer may be represented by an Industrial Organisation of Employers and the employee may be represented by an Industrial Organisation of Employees for the purpose of each procedure.

 

42. Traineeships

 

As to traineeships for person covered by this award, see the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569) or any successor thereto.

 

43. Area, Incidence and Duration

 

(a) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Funeral Industries (State) Award published 22 July 2005 (352 I.G. 657), as varied.

 

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

 

(b) It shall apply to all persons employed in the classifications prescribed by Clause 5 - Wages, of Part I - Funeral Directors and Clause 10, Wages, of Part II ‑ Casket Manufacturing, of this award, excluding the County of Yancowinna, within the jurisdiction of the Funeral Industry (State) Conciliation Committee.

 

(c) 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 11 November 2008.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

PART 1 - FUNERAL DIRECTORS

 

Classification

Base

New Base

Hourly

New Base

Hourly

New Base

Hourly

 

Rate

Rate as at

Rate

Rate as at

Rate

Rate as at

Rate

 

 

2006 SWC

 

2007 SWC

 

2008 SWC

 

 

 

Variation

 

Variation

 

Variation

 

 

$

$

$

$

$

$

$

Resident Manager

645.85

665.85

17.52

685.85

18.05

713.30

18.77

Embalmer

635.95

655.95

17.26

675.95

17.79

703.00

18.50

Resident Arranging

623.15

643.15

16.93

663.15

17.45

689.70

18.15

Officer

 

 

 

 

 

 

 

Relieving Manager

623.15

643.15

16.93

663.15

17.45

689.70

18.15

Non Resident &

623.15

643.15

16.93

663.15

17.45

689.70

18.15

Duty Officer

 

 

 

 

 

 

 

Arranging Officer

620.55

640.55

16.86

660.55

17.83

686.95

18.08

Conductor

623.15

643.15

16.93

663.15

17.45

689.70

18.15

Shop Person

611.25

631.25

16.61

651.25

17.14

677.30

17.82

Trainee Embalmer

611.25

631.25

16.61

651.25

17.14

677.30

17.82

1st

 

 

 

 

 

 

 

Trainee Embalmer

619.65

639.65

16.83

659.65

17.36

686.05

18.05

2nd

 

 

 

 

 

 

 

Trainee Embalmer

627.95

647.95

17.05

667.95

17.58

694.65

18.28

3rd

 

 

 

 

 

 

 

Qualified Embalmer

635.95

655.95

17.26

675.95

17.79

703.00

18.50

 

PART II - CASKET MANUFACTURING

 

Classification

Base

New Base

Hourly

New Base

Hourly

New Base

Hourly

 

Rate

Rate as at

Rate

Rate as at

Rate

Rate as at

Rate

 

 

2006 SWC

 

2007 SWC

 

2008 SWC

 

 

 

Variation

 

Variation

 

Variation

 

 

$

$

$

$

$

$

$

Labourer

525.85

545.85

14.36

565.85

14.89

588.50

15.49

Process Worker

574.75

594.75

15.65

614.75

16.18

639.35

16.82

Grade 1

599.45

619.45

15.30

639.45

16.83

665.05

17.50

Grade 2

611.25

631.25

16.61

651.25

17.14

677.30

17.82

 

Junior Employees

Percentage of Grade 2

17 Years and under

40%

18 Years of age

48%

19 Years of age

60%

20 Years of age

72%

 

Table 2 - Other Rates And Allowances

 

Item

Clause

Brief Description

Amount as at

Amount as at

Amount as at

No.

No.

 

2006 SWC

2007 SWC

2008 SWC

 

 

 

Variation

Variation

Variation

 

 

 

$

$

$

1

5 (iv)

Living-away Allowance -

 

 

 

 

 

Relieving Manager

76.39 per week

79.45 per week

82.63 per week

2

5 (v)(a)

Cleaning (outside normal

 

 

 

 

 

hours) - Resident Manager

12.25 per hour

12.74 per hour

13.25 per hour

3

6 (vi)

Stand by Monday to Friday

10.96 per day

11.40 per day

11.86 per day

6 (vi)

Stand by Saturday/Sunday

21.13 per day

21.98 per day

22.86 per day

6 (vi)

Ready for after hours work

39.50 per day

41.08 per day

42.72 per day

13

8(vi)(a)

Exhumation -14 days or less

59.26

61.63

64.10

14

8(vi)(b)

Exhumation - (embalmed)

 

 

 

 

 

14 days to 7 years

71.01

73.85

76.80

15

8(vi)(c)

Exhumation - (not

 

 

 

 

 

embalmed) 14 days to 7 years

118.29

123.02

127.94

16

8(vi)(d)

Exhumation - in excess of

 

 

 

 

 

7 years

59.26

61.63

64.10

20

13

Tool Allowance

4.45 per week

4.45 per week

4.63 per week

21

15(v)

Meal at other than usual

 

 

 

 

 

place (without notification)

10.28

10.68

11.14

22

15(viii)

Meal Allowance

10.28

10.68

11.14

23

15(ix)

Meal Allowance - Saturdays,

 

 

 

 

 

Sundays, Holidays

10.28

10.68

11.14

24

21(i)

Long Service Bonus - 5 and

 

 

 

 

 

under 10 years

7.21 per week

7.50 per week

7.80 per week

25

21(i)

Long Service Bonus - 10 and

 

 

 

 

 

under 15 years

13.81 per week

14.36 per week

14.93 per week

26

21(i)

Long Service Bonus -15 and

 

 

 

 

 

under 20 years

18.57 per week

19.31 per week

20.08 per week

27

21 (i)

Long Service Bonus - 20

 

 

 

 

 

years and over

29.88 per week

31.08 per week

32.32 per week

28

26(ix)

Clothing Allowance - casuals

2.20 per half

2.27 per half

2.32 per half

 

 

 

day or part

day or part

day or part

 

 

 

thereof

thereof

thereof

 

The 2006 and 2007 State Wage Case variations contained in Part B of this award shall take effect from the beginning of the first pay period to commence on or after 3 October 2008.

 

The 2008 state wage case variations contained in Part B of this award shall take effect from the beginning of the first pay period to commence on or after 3 October 2009.

 

Funeral Industry (State) Conciliation Committee

 

Industries And Callings

 

Undertakers, undertakers' assistants, branch managers, shopmen employed in making, trimming or polishing coffins, and coffin‑makers and yardmen, coachmen, motor‑drivers and horse‑drivers (including casual employees), employed in connection therewith in the State, excluding the County of Yancowinna.

 

 

 

 

E. A. R. BISHOP, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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