Cemetery and Crematoria Employees (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 663 of 2008)
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Before Commissioner Bishop
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11 November 2008
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REVIEWED AWARD
PART A
1. Arrangement
The provisions of this award are arranged in the following
order:
PART A
Clause
No. Subject Matter
1. Arrangement
2. Anti-Discrimination
3. Hours
4. Shift Work - Crematoria
Employees
5. Meal Break
6. Wages
7. Superannuation
8. Leading Hand
9. Overtime
10. Time Off in Lieu of
Overtime
11. Tea Money
12. Saturday and Sunday
Work
13. Holidays
14. Sunday and Holiday
Roster
15. Annual Leave
16. Annual Leave Loading
17. Long Service Leave
18. Service Allowance
19. Bereavement Leave
20. Jury Service
21. Sick Leave
22. State
Personal/Carer’s Leave Case
22A. Parental Leave
23. Terms of Employment
24. Rest Pause
25. First-Aid Allowance
26. Dispute Avoidance
and Grievance Procedure
27. Union Meetings
28. Clothing - Cemetery
Provision
29. Protective Clothing
- Crematoria Provision
30. Secure Employment
31. Redundancy
31A. Traineeships
32. Area, Incidence and
Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - 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."
3. Hours
(1) Subject to subclause
(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 6.30 am and
6.00 pm, with 0.4 (2/5ths) of one hour each day worked accruing as an
entitlement to take one weekday off during the four week cycle as a rostered
day off, paid for as though worked.
(2) Subject to subclause
(9), the rostered day off shall be taken within the four week cycle, between
Monday 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 subclause (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 6.30 am provided that the ordinary hours shall not exceed
eight per day.
(4) The commencing and
finishing times of work shall be alterable by giving at least 1 day's notice to
the employee(s) concerned or by mutual agreement between the employer and such
employees.
(5) Except as provided
for in subclauses (6), (7) or (8) of this clause, in cases where an employee,
in accordance with subclause (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 weekday he/she is to take off.
(6) An employer may
substitute the day an employee is to take off for another day in the case of a
breakdown in machinery or a failure or shortage of electric power or some other
emergency situation.
(7) An individual
employee, with the agreement of his/her employer, may substitute the day he/she
is to take off for another day.
(8) An employer may hold
up to a maximum of 5 days accrued in accordance with subclause (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 subclause.
(9) In the absence of
agreement being reached between an employer and its employees on any of the
above mentioned 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.
4. Shift Work - Crematoria
Employees
(i) A crematoria
employee may be worked on an afternoon shift providing ordinary hours of work
finish no later than 8.00 p.m.
(ii) The ordinary
working hours of shift workers shall be an average of 38 per week worked (except for the spread of hours) as provided
in Clause 3 - Hours, of this award.
(iii) An afternoon shift
worker shall be paid 17.5 per centum more than the ordinary rate for such
shifts.
5. Meal Break
Day workers shall be allowed a meal break of not less than thirty
minutes nor more than one hour between the hours of 11.00 a.m. and 2.00
p.m. Provided that no employee shall be
required to work for more than 5 hours without a break for a meal.
6. 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) An employee not
engaged full-time in grave digging but engaged in grave digging for a day or
part of a day shall be paid at the rate of one-fifth of the weekly rate of an
"employee engaged in grave digging" for each day or part thereof so
engaged.
(iii) An employee
engaged for the day or part of the day to assist with transformer work shall be
paid at the rate of one-fifth of the weekly rate of a "transformer
hand" for each day or part thereof so engaged.
(iv) An employee
required to do any work in connection with an exhumation shall receive an
allowance for each body exhumed in addition to his/her ordinary wage as set out
in Table 2 of Part B of this award as follows:
(a) where a body has been buried for 14 days
or less, the amount set out in item 1
(b) where a body has been buried for more than
14 days but less than seven years and had been arterially embalmed and sealed
in a metal, polythene or other approved plastic container, the amount set out
in item 2
(c) where a body has been buried for more than
14 days but less than seven years and has not been arterially embalmed and
inserted in a metal, polythene or other approved plastic container, the amount
set out in item 3
(d) where a body has been buried in excess of
seven years, the amount set out in item 4.
(v) 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:
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Percentage
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%
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16 years and under 17 years
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50
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17 years and under 18 years
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60
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18 years and under 19 years
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70
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19 years and under 20 years
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90
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20 years and over
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100
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(b) Proportion
One junior for every seven or fraction of seven full-time adult employees
covered by the classifications under this clause.
(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.
7. 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 this legislation.
8. Leading Hand
Where an employer in his/her sole discretion appoints an employee
as a leading hand, such an employee shall be paid an allowance as set out in item
5 of Table 2 above his/her appropriate classification as provided for in
subclause (i) of Clause 6 - Wages, of this award.
9. Overtime
(i) Overtime at the rate of time and one-half
for the first two hours and double time thereafter shall be paid for all work
performed outside the commencing and ceasing times of the ordinary hours of
labour or in excess of the ordinary daily hours of labour, or in excess of the
weekly or fortnightly ordinary hours of labour as the case may be.
(ii) When deemed necessary
by the employer, employees shall perform work on Saturday and/or Sunday, where
practicable in rotation, and shall work reasonable overtime when required.
(iii) In computing overtime, time worked shall
be calculated to the nearest 15 minutes, 5 minutes or less to be disregarded.
10. Time Off in Lieu of
Overtime
(a) Time off in lieu of
overtime may be taken by mutual agreement between the employer and employee.
Such time off in lieu shall be calculated at the appropriate overtime rate
payable for the overtime worked.
(b) Time off in lieu may
be taken in either of the following ways:
(i) By the full
overtime rate being accrued as time off in lieu.
(ii) By overtime worked
being paid at the employee's ordinary rate of pay with the penalty component of
the overtime worked being taken as time off in lieu.
(c) Any accumulated time
in lieu must be paid out upon termination at the employee's appropriate rate of
pay on the date of termination.
(d) Accumulation of time
in lieu shall be to a maximum 1 day per fortnight.
(e) This clause shall not be used to
discriminate against particular employees with respect to the allocation of
overtime to those employees at a particular enterprise or within a section of
an enterprise.
11. Tea Money
(i) Employees required to work overtime for
more than two hours after their ordinary ceasing time on any day, Monday to
Friday inclusive, and who have not been so advised the day previously, shall be
paid a meal allowance as set out in item 6 of Table 2.
(ii) Employees who are advised that they are
required to work overtime and who are not so required to work shall be paid a
meal allowance as set out in item 7 of Table 2.
12. Saturday and Sunday
Work
(i) All time worked on Saturday shall be paid
for at the rate of time and one-half for the first two hours and double time
thereafter, in addition to the weekly rate; provided that there shall be a
minimum of four hours' pay at the appropriate rate.
(ii) All time worked on
Sunday commencing not earlier than 7.45 a.m. shall be paid for at double time
and one-half with a minimum of four hours' pay at such rate.
13. Holidays
(i) The following day
or days observed as such shall be holidays: New Year's Day, Australia Day, Good
Friday, Easter Monday, Easter Saturday, Anzac Day, Queen's Birthday, Eight Hour
Day, Christmas Day, Boxing Day, together with any other days that hereafter may
be proclaimed as public holidays for the State.
(ii)
(a) All weekly employees shall be allowed the
holidays specified herein and shall be deemed to have worked in the week in
which such holiday falls the number of ordinary working hours that the employee
would have worked had the day not been a holiday. An employee required to work
on a holiday shall, where practicable, be so notified not later than his/her
ceasing time on the previous working day.
(b) An employee absent from work on a public
holiday or public holidays shall only be paid for the number of ordinary
working hours he/she would have worked provided that the employee works on the
working day immediately preceding and the working day immediately succeeding a
holiday or group of holidays.
(iii) For work done on
any of the holidays, referred to in subclause (i) of this clause, double time
and one-half shall be paid with a minimum payment for four hours’ work.
14. Sunday and Holiday
Roster
Where circumstances require it each employer shall, by mutual
agreement with his/her employees, compile a roster of all employees required to
perform work on Sundays and/or holidays.
15. Annual Leave
See Annual Holidays Act 1944.
16. Annual Leave 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
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 and this award.
(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 separate
period. (NOTE: See subclause (vi) of this clause as to
holidays taken wholly or partly in advance).
(v) The loading is the
amount payable for the period or separate period, as the case may be, stated in
subclause (iv) of this clause at the rate of 17 ½ per cent of the appropriate
ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
his/her annual holiday, but shall not include the industry allowance prescribed
by subclause (iv), of Clause 6 - Wages, of this award, or any other allowances,
penalty rates, shift allowances, overtime 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 of wages payable on that day.
This subclause applies where an annual holiday has been taken wholly or
partly in advance.
(vii)
(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 became
entitled, he shall be paid a loading calculated in accordance with subclause
(iv) 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.
(viii) This clause extends
to an employee who is given and takes an annual holiday and who would have
worked as a shift worker if he/she had not been on holiday; provided that if
the amount to which the employee would have been entitled by way of shift work
allowances and weekend penalty rates for the ordinary time (not including time
on a public or special holiday) which the employee would have worked during the
period of the holiday exceeds the loading calculated in accordance with this
clause, then that amount shall be paid to the employee in lieu of the loading.
17. Long Service Leave
See Long Service Leave Act 1955.
18. Service Allowance
(i) All employees, after five years'
continuous service with the same employer
shall, in addition to the rates set out in subclause (i) of Clause 6 - Wages,
of this award, receive a service allowance as follows:
|
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Per Centum
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%
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5 years and under 10 years of service
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2.5
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10 years and under 15 years of service
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5
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15 years' service or more
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7.5
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(ii) Payment due under
this clause shall be made on the usual pay day, when other payments under this
award are made.
(iii) Continuous service
with the same employer prior to the commencement of this award shall be taken
into consideration for the purposes of this clause.
19. Bereavement Leave
(i) An employee, other than a casual
employee, shall be entitled to a maximum of three days bereavement leave
without deduction of pay on each occasion of the death of a person in Australia
as prescribed in subclause (iii) of this clause for the purpose of making
arrangements for and/or attending a funeral.
(ii) The employee must notify the employer as soon
as practicable of the intention to take bereavement leave and will provide, to
the satisfaction of the employer proof of death.
(iii) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of
subclause (1) of Clause 22 - State Personal/Carer’s Leave Case - August 1996,
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(iv) An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
(v) Bereavement leave may be taken in conjunction
with other leave available under subclauses (2), (3), (4), (5) and (6) of the
said subclause 22. 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 (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 22(1)(c)(ii) of clause 22, 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.
20. Jury Service
(i) When an employee is
required to attend for jury service he/she shall notify the employer as soon as
possible prior to the date upon which he/she is required to attend for jury
service. Furthermore, the employee shall give to the employer proof of his/her
attendance, the duration of such attendance and the amount received in respect
of such jury service including any amount received in respect of fares.
(ii) An employee
required to attend for jury service during his/her ordinary working hours,
Monday to Friday, 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 wages he/she would have received in respect of
his/her ordinary time as for eight hours per day he would have worked had
he/she not been on jury service, together with the difference between the
amount received and the actual expenditure for fares and travelling to and from
the court.
(iii) When an employee
who has been called to attend for jury service is discharged he/she shall
return to his/her place of employment during working hours to complete the
shift for the day. If the employee is
able to return to work during his/her ordinary working hours but fails to so
return then the employer will not be liable to make up the difference in wages
and fares as provided for in subclause (ii) of this clause.
21. Sick Leave
(i) A weekly employee
who, after not less than two months' continuous service with the employer, is
unable to attend for duty during his/her ordinary working hours by reason of
personal illness or incapacity not due to his/her own serious and wilful
misconduct, shall be entitled to be paid at ordinary times rates of pay for the
time of such non-attendance up to a maximum of fourteen days' pay in any year
of service with the same employer, provided that he/she shall not be entitled
to paid leave of absence for any period in respect of which he/she is entitled
to workers' compensation.
(ii) The employee
shall, as soon as reasonably practicable, and in any case within twenty-four
hours of commencement of such absence, inform the employer of his/her inability
to attend for duty, and, as far as possible, state the nature of the injury or
illness and the estimated duration of the incapacity.
(iii) The employee shall
furnish to the employer such evidence, as the employer may desire, that he/she
was unable by reason of such illness or injury, to attend for duty on the day
or days for which sick leave is claimed; provided that a doctor's certificate
shall not be required for the first single day's absence in each sick leave
year.
Notwithstanding the above, an employee may be required to produce
a doctor's certificate for any absence occurring the working day before or the
working day after a rostered day off.
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 13 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.
(iv) 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 eight years before
the end of the last completed year of service.
(v) For the purpose of subclause (i), of this
clause, service before the date of coming into force of this award shall be
counted as service.
22. 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 22(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 21, Sick Leave of the award, for absences to provide care and
support for such persons when they are ill, or who require care due to an
unexpected emergency. Such leave may be taken for part of a single day.
(b) The employee shall, if required,
(1) establish either by production of a
medical certificate or statutory declaration, the illness of the person
concerned and that the illness is such as to require care by another person, or
(2) establish by production of documentation
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
In normal
circumstances, an employee must not take carer's leave under this subclause
where another person had taken leave to care for the same person.
(c) The entitlement to
use sick leave in accordance with this subclause is subject to:
(i) the employee being
responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the
employee; or
(b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an adult
child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(e) a relative of the
employee who is a member of the same household, where for the purposes of this
subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
Note: In the
unlikely event that more than 10 days sick leave in any year is to be used for
caring purposes the employer and employee shall discuss appropriate
arrangements which, as far as practicable, take account of the employer’s and
employee’s requirements.
Where the
parties are unable to reach agreement the disputes procedure at clause 26,
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 22(1)(c)(ii) above who is ill or who requires care
due to an unexpected emergency.
(3) Annual Leave
(a) An employee may elect, with the consent of
the employer to take annual leave not exceeding ten days in single-day periods,
or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(c) An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee may elect with the employers
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due.
(4) Time Off in Lieu of
Payment for Overtime
(a) For the purpose only
of providing care and support for a person in accordance with subclause (1) of
this clause, and despite the provisions of 10, Time Off in Lieu of Overtime,
the following provisions shall apply.
(b) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(c) Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
(d) If, having elected
to take time as leave in accordance with paragraph (a) of this subclause, the
leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
(e) Where no election is
made in accordance with the said paragraph (a), the employee shall be paid
overtime rates in accordance with the award.
(5) Make-Up Time
(a) An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on shift
work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days Off
(a) An employee may elect,
with the consent of the employer, to take a rostered day off at any time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause is
subject to the employer informing each union which is both party to the award
and which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility, and providing a reasonable
opportunity for the union(s) to participate in negotiations.
(7) Personal Carers Entitlement for casual
employees:
(1) Subject to the
evidentiary and notice requirements in 22(1)(b) and 22(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 22(1)(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
(3) An employer must not fail
to re-engage a casual employee because the employee accessed the entitlements
provided for in this clause. The rights of an employer to engage or not to
engage a casual employee are otherwise not affected.
22A. Parental Leave
(1) Refer to the Industrial Relations Act 1996
(NSW). The following provisions shall
also apply in addition to those set out in the Industrial Relations Act
1996 (NSW).
(2) An employer must not fail to re-engage a
regular casual employee (see section 53(2) of the Act) because:
(a) the employee or employee's spouse is
pregnant; or
(b) the employee is or has been immediately
absent on parental leave.
The rights of an
employer in relation to engagement and re-engagement of casual employees are
not affected, other than in accordance with this clause.
(3) Right to request
(a) An employee entitled to parental leave may
request the employer to allow the employee:
(i) to extend the period of simultaneous
unpaid parental leave use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave
on a part-time basis until the child reaches school age;
to assist the
employee in reconciling work and parental responsibilities.
(b) The employer shall consider the request
having regard to the employee's circumstances and, provided the request is
genuinely based on the employee's parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or the
employer's business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Employee's request and the employer's
decision to be in writing
The employee's
request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be
recorded in writing.
(d) Request to return to work part-time
Where an
employee wishes to make a request under 3(a)(iii), such a request must be made
as soon as possible but no less than seven weeks prior to the date upon which
the employee is due to return to work from parental leave.
(4) Communication during parental leave
(a) Where an employee is on parental leave and
a definite decision has been made to introduce significant change at the
workplace, the employer shall take reasonable steps to:
(i) make information available in relation to
any significant effect the change will have on the status or responsibility
level of the position the employee held before commencing parental leave; and
(ii) provide an opportunity for the employee
to discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing
parental leave.
(b) The employee shall take reasonable steps
to inform the employer about any significant matter that will affect the
employee's decision regarding the duration of parental leave to be taken,
whether the employee intends to return to work and whether the employee intends
to request to return to work on a part-time basis.
(c) The employee shall also notify the
employer of changes of address or other contact details which might affect the
employer's capacity to comply with paragraph (a).
23. Terms of Employment
(i) All employment,
other than casuals, shall be by the week and shall be terminated by the giving
of the following notice or payment in lieu of notice provided that the employer
may dismiss an employee at any time for serious misconduct and then shall be
liable only for the payment of wages due to the time of dismissal:
|
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 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.
(iii) A casual employee is one engaged and paid
as such. Casual employees shall be paid
at an hourly rate equal to the appropriate weekly rate divided by 38, plus 15
per cent, with a minimum payment of eight hours for work done on a Monday to
Friday inclusive and four hours for
work done on a Saturday.
(iv) All wages shall be
paid weekly or fortnightly at the employer's discretion.
(v) At the employer's
discretion wages shall be paid by cash, cheque or electronic funds transfer
into the employee's bank (or other recognised financial institution) account.
24. Rest Pause
Employees shall be allowed each day, without reduction of pay, a
rest pause of ten minutes' duration between 9.00a.m. and 10.00a.m. and a rest
pause of ten minutes' duration between 2.30p.m. and 3.00p.m. Such rest pauses shall be taken, in default
of agreement, at a place nominated by the employer.
25. First-Aid Allowance
An employee who has
been trained to render first-aid and who is the current holder of appropriate
first-aid qualifications, such as a certificate from the St. John’s Ambulance
or similar body shall be paid an allowance as set out in item 8 of Table 2 if
the employee is appointed by an employer to perform first-aid duty.
26. 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.
27. 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 Cemeteries and Crematoria Association of New South
Wales and Employers First™.
(ii) Such meetings shall not be held on a
Monday or Friday or adjacent to a public holiday.
If a meeting is called in the same week as a paid meeting of
employees employed under the terms of the Funeral Industry (State) Award, then
such meeting shall be held on the same day as the Funeral Industry, but shall
commence not later than 9.00 a.m. If a
meeting is not held on the same day as the Funeral Industry, then it will not
be held within 2 weeks of a Funeral Industry meeting and will commence not
earlier than 1.00 p.m.
(iii) 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.
(iv) Employees shall produce satisfactory proof
that they attended the meeting.
28. Clothing - Cemetery
Provision
All employees shall be entitled to the footwear and clothing
prescribed hereunder:
(i) Where graves are
being dug in wet ground gum boots shall be supplied by the employer for the use
of grave diggers.
(ii) Employees working
in wet weather shall be supplied by the employer with gum boots, waterproof
coats and trousers and sou westers.
(iii) An employee
required to work in a cemetery in a capacity other than that of office worker
shall be supplied with boots. Such employee shall be provided with suitable
overalls or trousers.
(iv) Employees shall
take all reasonable care to guard against loss of clothing issued by the
employer.
(v) All unserviceable items of clothing,
footwear or rain clothing issued under this clause shall be presented for
inspection to the employer before a new issue is made.
(vi) Employees required
to use pneumatic picks upon request shall be provided with gloves.
(vii) On termination of employment all employees
shall return all items of clothing, boots, etc., issued by the employer to the
employee, or make repayment of the proportionate value of the items not so
returned.
29. Protective Clothing -
Crematoria Provision
(i) Employees shall be
provided with suitable overalls or uniform and in addition, when required to
work in periods of rain, shall be supplied with suitable waterproof clothing.
(ii) An employee required
to work in places where water is underfoot shall be provided with rubber
knee-boots.
(iii) Suitable gloves
shall be provided to transformer hands and their assistants.
(iv) An employee required to work in a
crematorium in any capacity other than that of office worker, shall be supplied
with boots.
30. 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.
31. 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.
(vi) Savings Clause
Nothing in this
award shall be construed so as to require the reduction or alteration of more
advantageous benefits or conditions which an employee may be entitled to under
any existing redundancy arrangement, taken as a whole, between the union and
any employer bound by this award.
31A. Traineeships
As to traineeships for persons covered by this Award, see the
Training Wage (State) Award 2002, published 26 September 2003 (341 I.G. 569) or
any other successor thereto.
32. 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 Cemetery and Crematoria Employees (State) Award
published 22 July 2005 (352 I.G. 614), as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 11 November 2008.
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 cemetery and
crematoria employees throughout the State, excluding the County of Yancowinna
within the jurisdiction of the Cemetery and Crematoria Employees (State)
Conciliation Committee.
CEMETERY AND CREMATORIA EMPLOYEES (STATE)
CONCILIATION COMMITTEE
INDUSTRIES AND CALLINGS
Persons employed in
or in connection with cemeteries and crematoria throughout the State, excluding
the County of Yancowinna; Excepting -
Such employees as are employed by Shire or Municipal Councils
which are trustees of cemeteries and/or crematoria.
PART B
MONETARY
RATES
Table 1 - Wages
|
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
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
General Hand
|
587.59
|
607.59
|
15.99
|
627.59
|
16.52
|
652.69
|
17.18
|
|
5 yrs
|
599.45
|
619.45
|
16.30
|
639.45
|
16.83
|
665.03
|
17.50
|
|
10 yrs
|
611.31
|
631.31
|
16.61
|
651.31
|
17.14
|
677.36
|
17.83
|
|
15 yrs
|
623.17
|
643.17
|
16.93
|
663.17
|
17.45
|
689.70
|
18.15
|
|
Grave Digger
|
615.09
|
635.09
|
16.71
|
655.09
|
17.24
|
681.29
|
17.93
|
|
5 yrs
|
627.64
|
647.64
|
17.04
|
667.64
|
17.57
|
694.35
|
18.27
|
|
10 yrs
|
640.19
|
660.19
|
17.37
|
680.19
|
17.90
|
707.40
|
18.62
|
|
15 yrs
|
652.74
|
672.74
|
17.70
|
692.74
|
18.23
|
720.45
|
18.96
|
|
Transformer Hand
|
611.19
|
631.19
|
16.61
|
651.19
|
17.14
|
677.24
|
17.82
|
|
5 yrs
|
623.64
|
643.64
|
16.94
|
663.64
|
17.46
|
690.19
|
18.16
|
|
10 yrs
|
636.09
|
656.09
|
17.27
|
676.09
|
17.79
|
703.13
|
18.50
|
|
15 yrs
|
648.54
|
668.54
|
17.59
|
688.54
|
18.12
|
716.08
|
18.84
|
The 2006 and 2007 State Wage Case variations shall take effect from the
beginning of the first pay period to commence on or after 3 October 2008.
The 2008 State Wage Case variation shall take effect from the beginning
of the first pay period to commence on or after 3 October 2009.
Table 2 –
Allowances
|
Item
|
Clause
|
Brief Description
|
Amount as at
|
Amount as at
|
Amount as at
|
|
No.
|
No.
|
|
2006 State Wage
|
2007 State Wage
|
2008 State Wage
|
|
|
|
|
Variation
|
Variation
|
Variation
|
|
|
|
|
$
|
$
|
$
|
|
1
|
6(iv)(a)
|
Body has
been buried
|
60.92 per week
|
63.36 per week
|
65.89 per week
|
|
|
|
for 14 days or less
|
|
|
|
|
2
|
6(iv)(b)
|
>14 days but <7 yrs and
|
73.07 per week
|
75.99 per week
|
79.03 per week
|
|
|
|
has been artificially
|
|
|
|
|
|
|
embalmed
|
|
|
|
|
3
|
6(iv)(c)
|
>14 days but <7 yrs and
|
121.85 per week
|
126.72 per week
|
131.79 per week
|
|
|
|
has not been artificially
|
|
|
|
|
|
|
embalmed
|
|
|
|
|
4
|
6(iv)(d)
|
Body buried > 7 yrs
|
60.92 per week
|
63.36 per week
|
65.89 per week
|
|
5
|
8
|
Leading Hand
|
29.99 per week
|
31.19 per week
|
32.44 per week
|
|
6
|
11(i)
|
Meal allowance
|
10.50 per day
|
10.91 per day
|
11.38 per week
|
|
7
|
11(ii)
|
Meal allowance
|
6.51 per day
|
6.76 per day
|
7.05 per week
|
|
8
|
25
|
First Aid
|
8.21 per week
|
8.54 per week
|
8.88 per week
|
The 2006 and 2007 State Wage Case variations shall take effect from the
beginning of the first pay period to commence on or after 3 October 2008.
The 2008 State Wage
Case variation shall take effect from the beginning of the first pay period to commence
on or after 3 October 2009.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.