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Broken Hill Commerce and Industry Consent Award 2008
  
Date10/30/2009
Volume369
Part2
Page No.312
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C7231
CategoryAward
Award Code 1014  
Date Posted10/29/2009

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(1014)

(1014)

SERIAL C7231

 

Broken Hill Commerce and Industry Consent Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Nos. IRC 698 and 1247 of 2008)

 

Before Mr Deputy President Sams

30 September 2008

 

REVIEWED AWARD

 

Arrangement

 

Clause No.       Subject Matter

 

GENERAL CLAUSES

 

1.1      Accident Pay

1.2      Accommodation & Miscellaneous Provisions

1.3      Annual Leave

1.4      Annual Leave Loading

1.5      Anti Discrimination

1.6      Apprenticeship Conditions

1.7      Area, Incidence and Duration

1.8      Award Display

1.9      Broken Shifts

1.10    Bereavement Leave

1.11    Continuity of Service

1.12    Dispute Resolution Procedure

1.13    Existing Conditions and/Or Privileges

1.14    First Aid Kits

1.15    Hours of Labour

1.16    Jury Service

1.17    Long Service Leave

1.18    Mixed Functions

1.19    Notice Board

1.20    Notation

1.21    Overtime

1.22    Occupational Health and Safety

1.23    Parental Leave

1.24    Parties to Award

1.25    Personal/Carer’s Leave

1.26    Protective Clothing

1.27    Public Holidays

1.28    Right of Entry

1.29    Secure Employment

1.30    Sick Leave

1.31    Stand Down

1.32    Broken Hill Town Industries Superannuation Fund

1.33    Termination of Employment

1.34    Time Books and Time Sheets

1.35    Training, Career Development and Trainees

1.36    Vehicles, Expenses, Licences

1.37    Wages Policy and Payment

1.38    Working Roster

1.39    Workplace Flexibility

1.40    State Wage Case

General Schedule of Allowances

 

ANIMAL WELFARE

 

Definitions

2.1      Hours of Labour

2.4      Junior Employees

2.3      Casual Employees

2.4      Part-Time Employees

Animal Welfare Wage Schedule

 

CLEANERS & CARETAKERS

 

3.1      Hours of Labour

3.2      Casual Employees

3.3      Part-Time Employees

3.4      Working Roster

3.5      Weekend Penalty

3.6      Additional Rates

3.7      Broken Shifts

3.8      Meal Breaks

3.9      Overtime

Cleaners & Caretakers Wages Schedule

 

CLERKS

 

Terms and Conditions of Employment

4.1      Annual Leave

4.2      Long Service Leave

4.3      Area, Incidence and Duration

Clerks Wage Schedule

 

CLOTHING TRADES

 

5.1      Classifications

5.2      Hours of Labour

5.3      Roster

5.4      Overtime

5.5      Apprentices and Junior Employees

5.6      Casual Employees

5.7      Part-Time Employees

5.8      Weekend Penalty

Clothing Trades Wages Schedule

 

FURNISHING TRADES

 

Definitions

6.1      Hours of Labour

6.2      Casual Employees

6.3      Part-Time Employees

6.4      Overtime

6.5      Apprentices and Junior Employees

6.6      Working Roster

6.7      Weekend Penalty

6.8      Broken Shifts

Furnishing Trades Wages Schedule

GARDENERS

 

Definitions

7.1      Hours of Labour

7.2      Casual Employees

7.3      Part-Time Employees

7.4      Weekend Penalty

7.5      Overtime

7.6      Apprentices and Junior Employees

Gardeners Wages Schedule

 

HAIRDRESSERS

 

Definitions

8.1      Hours of Labour

8.2      Roster

8.3      Overtime

8.4      Apprentices and Junior Employees

8.5      Tools of Trade

8.6      Casual Employees

8.7      Permanent Part-Time Employees

8.8      Weekend Penalty

Hairdressers Wage Schedule

 

HANDYPERSONS & TOWN LABOURERS

 

Definitions

9.1      Hours of Labour

9.2      Casual Employees

9.3      Part-Time Employees

9.4      Weekend Penalty

9.5      Overtime

Handypersons & Town Labourers Wage Schedule

 

HOTELS

 

Terms and Conditions of Employment

10.1    Annual Leave

10.2    Long Service Leave

10.3    Area, Incidence and Duration

Hotels Wage Schedule - Full Time Employees

Hotels Wage Schedule - Part Time Employees

Hotels Wage Schedule - Casual Employees

 

KINDERGARTEN & CHILD CARE CENTRES

 

MEAT INDUSTRY (PROCESSING)

 

Terms and Conditions of Employment

12.1    Annual Leave

12.2    Long Service Leave

12.3    Area, Incidence and Duration

Meat Industry (Processing) Wages Schedule

 

MOTELS

 

Terms and Conditions of Employment

13.1    Annual Leave

13.2    Long Service Leave

13.3    Area, Incidence and Duration

Motels Wages Schedule

 

NATIONAL TRAINING WAGE

 

PLANT OPERATORS & EARTHMOVING

 

Terms and Conditions of Employment

15.1    Sick Leave

15.2    Annual Leave

15.3    Long Service Leave

15.4    Annual Leave Loading

15.5    Area, Incidence and Duration

Plant Operators & Earthmoving Wage Schedule

 

RESTAURANTS, FISH SHOPS & CAFES WHERE MEALS ARE SERVED

 

16.1    Definitions

16.2    Hours of Labour

16.3    Overtime

16.4    Penalty Rates

16.5    Casual Employees

16.6    Part-Time Employees

16.7    Roster

16.8    Public Holidays

16.9    Broken Shifts

16.10   Apprentices and Junior Employees

Restaurants, Fish Shops & Cafes Where Meals are Served Wage Schedule

 

SECURITY INDUSTRY

 

Terms and Conditions of Employment

17.1    Annual Leave

17.2    Long Service Leave

17.3    Area, Incidence and Duration

Security Industry Wage Schedule

 

SHOP ASSISTANTS - SECTION 1

 

18.1    Recognition of Unions

18.2    Hours of Labour

18.3    Roster

18.4    Rest Pause

18.5    Overtime

18.6    Employee Classifications

18.7    Definitions

18.8    Casual Employees

18.9    Permanent Part-Time Employees

18.10   Christmas Temporary Staff

18.11   Public Holidays

18.12   Night Fill

 

SHOP ASSISTANTS - SECTION 2 EXEMPTED SHOPS INCLUDING SPECIAL SHOPS

 

18.2.1  Classified Shops

18.2.2  Application of Section 1

18.2.3  Hours of Labour Or Where the Context Provides Otherwise

18.2.3  Hours of Labour

18.2.4  Roster

18.2.5  Overtime

18.2.6  Casual Employees

16.2.7  Permanent Part-Time Employees

18.2.8  Public Holidays

 

SHOP ASSISTANTS - SECTION 3 PETROL, OIL RESELLERS AND LUBRITORIUM OPERATORS ONLY

 

18.3.1  Definitions

18.3. 2 Application of 18.1 of Section 1 Shop Assistants

18.3.3  Hours of Labour

18.3.4  Shift Definitions and Penalties

18.3.5  Roster

18.3.6  Overtime

18.3.7  Casual Employees

18.3.8  Permanent Part-Time Employees

18.3.9  Public Holidays

Shop Assistants Petrol, Oil Resellers & Lubritorium Operators Only Wage Schedule

 

TRADES

 

19.1    Application

19.2    Meal Time

19.3    Wages

19.4    Apprentices

19.5    Hours

19.6    Casual Workers

19.7    Permanent Part-Time Employment

19.8    Skills Development & Multiskilling in the  Broken Hill Metals' Industry

19.9    Travelling Expenses

19.10   Miscellaneous

19.11   Annual Leave

19.12   Termination of Services

19.13   Recall to Work

19.14   Distant Work

19.15   Travelling Time

19.16   Mine Leases

19.17   Height Money

19.18   Overtime

Trades Wage Schedule

 

TRANSPORT

 

Terms and Conditions of Employment

Clause 3 - Hours of Employment

Section II - Long Distance Work

Clause 17 - Annual Leave

Annual Leave Loading

Clause 18 - Long Service Leave

Clause 19 - Sick Leave

Clause 48 - Definitions

Clause 49 - Area, Incidence and Duration

Transport Wage Schedule

 

TRANSPORT - TOURIST & SERVICE COACH DRIVERS

 

Terms and Conditions of Employment

21.1    Annual Leave

21.2    Long Service Leave

21.3    Area, Incidence and Duration

Transport ‑ Tourist & Service Coach Drivers Wage Schedule

 

WAREHOUSE & CARRIERS, WHOLESALE WINE & SPIRIT MERCHANTS

 

Definitions

22.1    Hours of Labour

22.2    Casual Employees

22.3    Part-Time Employees

22.4    Weekend Penalty

22.5    Overtime

22. 6   Junior Employees

Warehouse & Carriers, Wholesale Wine & Spirit Merchants Wage Schedule

 

GENERAL CLAUSES

 

All clauses contained herein shall apply to the Broken Hill Commerce and Industry Consent Award 2008 unless otherwise stipulated

 

1.1.  Accident Pay

 

a.        Accident pay shall be paid in accordance with the NSW Workers Compensation Act 1987, the NSW Workplace Injury Management and Workers Compensation Act 1998 and any subsequent amendments thereto.

 

b.        The Chamber undertakes to advise its members of all benefits available to employees under the Act as amended.

 

1.2.  Accommodation & Miscellaneous Provisions

 

Employers shall provide suitable dressing rooms, dining room, toilets and washing facilities for use by all employees in accordance with Shops and Industries Act, 1962.

 

1.3.  Annual Leave

 

a.        Each employee after twelve months service in any one establishment of one employer shall be granted five (5) weeks holidays on full pay. Provided that by agreement between the employer and employee, one (1) weeks entitlement under this clause may be "cashed out" and the period of actual leave reduced to four weeks. Each year stands alone.

 

b.        Employees who leave the service of any establishment of one employer or is put off before the expiration of twelve months service shall receive proportionate payment accordingly, and in conformity with the Annual Holiday Act, NSW.

 

c.        Holidays may be taken in one or two separate periods, and in the case of two periods being agreed upon, the definite commencing dates for each period shall be agreed upon prior to the commencement of the first period of leave being taken.

 

d.        Part Time employees receive pro rata annual leave entitlements.

 

1.4.  Annual Leave Loading

 

a.        Employees shall be granted an annual leave loading of 17.5% on their holiday pay.

 

b.        The loading is payable on annual leave only, on the completion of a year of employment. Any day added to annual leave in lieu of a public holiday does not attract the loading.

 

c.        The loading is to be calculated on the Consent Award rate of pay applicable immediately before the employee proceeds on leave. The Consent Award rate of pay is the rate for ordinary hours of work for the employee's classification prescribed by the Consent Award. In addition it will include where applicable leading hand allowances, supervisor allowances, and exclude any other allowances, over-award payments, overtime rates, penalty rates, commission, bonuses, incentive payments or any other such payments.

 

d.        Part Time employees are entitled to pro rata Leave Loading.

 

e.        Where annual leave is taken prior to the completion of a twelve month qualifying period, the loading is not paid at the time the employee proceeds on leave. For such period taken in advance the loading becomes payable if and when the employee remains in employment until he completes the year of employment for which leave was granted in advance. The payment of the loading is then calculated at the Consent Award rate of pay applicable when the twelve months qualifying period is completed and not at the Consent Award rate applicable when leave was taken in advance.

 

f.        Loading is payable in respect of employees who have completed at least 75% of one years service at the time of retirement having reached 60 years of age or more and is required by the employer to retire.

 

g.        Where the employer terminates employment for misconduct, no loading is payable in respect of leave for complete or incomplete years of employment.

 

1.5.  Anti Discrimination

 

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

 

b.        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.

 

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

 

d.        Nothing in this clause is to be taken to affect:

 

i)        any conduct or act which is specifically exempt from anti-discrimination legislation;

 

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

 

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

 

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

 

e.        This clause does not create legal rights or obligations in addition to those imposed upon the parties by 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"

 

1.6.  Apprenticeship Conditions

 

The apprentice provisions contained in this Consent Award are pursuant to Apprenticeship and Traineeship Act 2001, Part 2 Division 1 (4). 

 

1.7.  Area, Incidence and Duration

 

a.        This Consent Award is between the Broken Hill Chamber of Commerce and the Barrier Industrial Council and affiliated local Unions.

 

b.        It governs the terms and conditions of employment of employers and employees engaged in commercial and industrial activity in the County of Yancowinna, but it shall not apply to any employer or employee to whom the Social and Community Services Employees (State) Award, the Social and Community Services Employees - Rates of Pay (State) Award and the Social and Community Services - Jobskills Trainees (State) Interim Award apply and it is not intended to affect in any way either directly or indirectly the rights that any employee may have either past, present or future under the Social and Community Services Employees (State) Award, the Social and Community Services Employees - Rates of Pay (State) Award and the Social and Community Services Jobskills Trainees (State) Interim Award.

 

c.        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Broken Hill Commerce and Industry Agreement Consent Award 2001 published 9 September 2005 (353 I.G. 677), 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 1 October 2008.

 

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

 

d.        The parties agree that negotiations on a follow on will commence no later than 6 months before the expiration of the Consent Award and shall be finalised before 30 June, 2011.

 

e.        It is declared and agreed that nothing in this Consent Award shall supersede the purpose or intent of any State or Commonwealth Laws.

 

f.        It is agreed that nothing in this Consent Award shall negate the employee or employer of their legal rights.

 

g.        This Consent Award shall be exhibited by each employer on their premises in a place accessible to all employees.

 

h.        It is agreed that copies of the new Consent Award shall be available within one month of signing the new Consent Award.

 

i.        

 

i          Domestic clauses and included rates override the General clauses where there is any inconsistency.

 

ii         Where a Domestic section is silent then the General clauses shall prevail.

 

j.         It is agreed that when either party to this Consent Award become aware of any change to a Federal or State Award, and that change will impact on this Consent Award, then either party will advise the other in writing.

 

1.8.  Award Display

 

A copy of this Award shall be exhibited and kept exhibited in accordance with the provisions of the NSW Industrial Relations Act 1996.

 

1.9.  Broken Shifts

 

Employees required to work broken shifts shall be paid the amount at Item 1- General Schedule of Allowances, for each broken shift so worked in addition to his or her rate of wages.

 

1.10.  Bereavement Leave

 

a.        An employee on weekly hiring (including part-time employees) shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on production of satisfactory evidence of the death in Australia of the employee's husband, wife, father, mother, brother, sister, child, stepchild, grandparents or parents-in-law. For the purposes of this subclause the words "wife" and "husband" shall include de facto wife or husband and the words "father" "mother" shall include foster-father or mother and stepfather or mother.

 

b.        Provided further, an employee on weekly hiring shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside Australia of an employee's husband, wife, father or mother and where such employee travels outside Australia to attend the funeral.

 

1.11.  Continuity of Service

 

Where the services of an employee have been terminated on the grounds of ill-health and he is subsequently re-employed within a period of twelve months and produces a medical certificate covering the whole of the period of his absence until the date of his re-employment his previous service shall be taken into account for sick leave and long service leave purposes.

 

1.12.  Dispute Resolution Procedure

 

a.        Before any direct action takes place by any of the parties of this Consent Award they shall confer and failing agreement such matter shall be referred to a disputes committee consisting of four from the union concerned and four from the Chamber of Commerce.

 

b.        Failing agreement the matter shall be referred to a second committee consisting of two from the union concerned, two from the B.I.C. and four from the Chamber of Commerce.

 

c.        Should the dispute still remain unresolved, it may be referred to the NSW Industrial Relations Commission for assistance.

 

d.        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:

 

a.        Procedure relating to grievance of an individual employee:

 

i          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.

 

ii         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.

 

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

 

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

 

v         While a procedure is being followed, normal work must continue.

 

vi        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.

 

b.        Procedure for a dispute between an employer and the employees:

 

i          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.

 

ii         Reasonable time limits must be allowed for discussion at each level of authority.

 

iii        While a procedure is being followed, normal work must continue.

 

iv        The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.

 

1.13.  Existing Conditions and/Or Privileges

 

a.        This Consent Award is made on the understanding that except in respect of matters including wages for which provision is made for it, all existing privileges and conditions in relation to an individual business agreed between employees and that business but not covered by this Consent Award shall continue during its currency.

 

b.        No resolution carried or placed on the books of the Barrier Industrial Council or by any affiliated union on the one part, or by the Broken Hill Chamber of Commerce on the other part, will override any clause whatsoever in the schedule of conditions of work, nor can it be deemed to be part of the Consent Award during its currency.

 

1.14.  First Aid Kits

 

a.        A first aid kit must be provided and maintained by the employer for the use of the employees and kept in an accessible position. First Aid allowance at Item 2 of General Section Schedule of Allowances is to be paid to the appointed First Aid Attendant on the basis of one attendant per shift. The level of equipment required in a First Aid Kit will be as per the Shops and Industries Act, 1962.

 

b.        Appointed first-aid personnel:

 

i          in charge of a first-aid kit at a place of work at which more than 25 persons work must be the holder of a current first-aid certificate approved by the Co-ordinator, Occupational Health, Safety and Rehabilitation Services, Department of Commerce and Industry; and

 

ii         in charge of a first-aid room at a place of work must be the holder of a current occupational first-aid certificate approved by the Co-ordinator.

 

1.15.  Hours of Labour

 

a.        The ordinary hours of labour per week shall not exceed thirty eight (38) excluding meal breaks. The calculation of the hourly rate for penalties, Part-time and Casual employees shall be one thirty-eighth (1/38th) of the Consent Award rate applicable.

 

b.        Span of ordinary hours - see domestic sections for the specific working of ordinary hours.

 

c.        If agreeable between employer and employee the ordinary hours of labour worked can be averaged in accordance with Division 2-S.22 - Maximum ordinary hours of employment in the NSW Industrial Relations Act, 1996.

 

1.16.  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.

 

1.17.  Long Service Leave

 

a.        As per the Long Service Leave Act 1955 and any further amendments thereto, provided however, that thirteen (13) weeks long service leave will be granted at the end of ten (10) full complete years.

 

b.        This concession only commences to accrue on or after January 1, 1971.

 

c.        All other provisions, conditions, durations, qualifying periods and etc. of the Long Service Leave Act remain unaltered, and are not affected by the above concession of 13 weeks long service leave for ten years service.

 

d.        An employee who has completed five years (but less than 10 years) of service is entitled to long service pro rata payment if he or she:

 

i          Resigns as a result of illness, incapacity, domestic or other pressing necessity

 

ii         Is dismissed for any reason except serious and wilful misconduct

 

iii        Dies

 

e.        For all employees, on termination of employment after 10 years service, long service pro-rata payment shall be calculated at 1.3 weeks per year for all service up to fifteen years.  After fifteen years of service, long service payment shall be calculated at 1.3 weeks for each completed year of service.

 

1.18.  Mixed Functions

 

An employee engaged during a day or shift on work carrying a higher rate than their ordinary classification shall receive:

 

a.        for the work up to and including two hours they shall be paid for the time so worked;

 

b.        for work over two hours paid for the full day or shift at the higher classification.

 

1.19.  Notice Board

 

Each employer shall permit the union to display notices dealing with legitimate union business on notice boards provided that such notices are authorised by an accredited union representative. Any such notice not so authorised may be removed by the accredited union representative or the employer.

 

1.20.  Notation

 

a.        Section 129 of the NSW Industrial Relations Act 1996 requires that an employer must keep records of remuneration paid and hours worked by employees.

 

b.        This award contains a number of other provisions in Clause 1.25, Personal/Carer's Leave.

 

1.21.  Overtime

 

a.        The payment of overtime, i.e. time worked outside the ordinary hours or shift, shall be at time and one half for the first two (2) hours and double time thereafter. Unless otherwise provided for under a Domestic Section, all overtime worked on Sunday will be paid at double time. Each day's overtime stands alone.

 

b.        By mutual agreement the rate of overtime may be time-off in lieu of overtime provided that:

 

i          Time-off shall be calculated at the penalty equivalent.

 

ii         The employee is entitled to a fresh choice of payment or time-off on each occasion overtime is worked.

 

iii        Time-off must be taken within one calendar month of the working of the overtime or it shall be paid out.

 

c.        Overtime Meal Breaks

 

i          When working overtime, i.e. time worked outside the ordinary hours or shift, employees shall not work more than four hours continuously without being allowed thirty minutes for a meal break at overtime rates, provided that where overtime is worked immediately preceding or following the ordinary hours or shift in excess of one and one half hours he shall be entitled to a meal break of thirty minutes at overtime rates.

 

ii         An employee required to work overtime in excess of one and one half hours shall either be supplied with a meal by the employer or paid a meal allowance at Item 3 General Section Schedule of Allowances.

 

iii        If an employee has provided a meal and is not required to work overtime or is required to work less than the time advised, he/she shall be paid for the meal so provided.

 

1.22.  Occupational Health and Safety

 

Each employer and employee bound to observe the provisions of this award shall also co-operate positively in respect of obligations pursuant to the Occupational Health and Safety Act 2000, including the requirement of males and females not to lift any weight in excess of their lifting capacity.

 

1.23.  Parental Leave

 

See NSW Industrial Relations Act 1996.

 

1.24.  Parties to Award

 

This Consent Award is between the Broken Hill Chamber of Commerce Inc. and the Barrier Industrial Council and Affiliated Unions.

 

1.25.  Personal/Carer’s Leave

 

a.        Use of Sick Leave

 

i          An employee, with responsibilities in relation to a class of a person set out in subparagraph (iii) of paragraph (2) of this subclause, 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 in clause 1.30, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

ii         The employee shall, if required, establish 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. In the normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

iii        The entitlement to use sick leave in accordance with this subclause is subject to:

 

1         the employee being responsible for the care of the person concerned: and

 

2         the person concerned being:

 

a)        a spouse of the employee: or

 

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

 

c)        a child or an adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee: or

 

d)        a same sex partner who lives with the employee as the defacto 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:

 

"relative" means a person related by blood, marriage or affinity:

 

"affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other: and

 

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

 

iv        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 leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of the absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

b.        Unpaid Leave for Family Purpose

 

i          An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (a) of paragraph (iii) of subclause (2) who is ill.

 

c.        Annual Leave

 

i          An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

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

 

iii        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.        Time Off in Lieu of Payment for Overtime

 

i          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.

 

ii         Overtime taken as time off during ordinary-time hours shall be taken at the penalty equivalent.

 

iii        If, having elected to take time as leave in accordance with paragraph (i) 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.

 

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

 

e.        Make-up Time

 

i          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.

 

ii         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.

 

f.        Rostered Days Off

 

i          An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

ii         An employee may elect, with the consent of the employer, to take rostered days off in part-day amounts.

 

iii        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.

 

iv        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 it’s intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

1.26.  Protective Clothing

 

a.        The employer shall provide, on request, to employees performing work detrimental to the employees' clothing, dust coats, white coats, waterproof coats, uniforms, overalls, safety footwear and gloves (when handling cement, timber, iron and iron pipes) or other protective clothing.

 

b.        Such protective clothing and safety footwear remains the property of the employer and must be returned to the employer on completion of service.

 

c.        Protective clothing shall be worn by the employee at the employer's direction.

 

d.        By agreement the employee may be required to wash and iron the special clothing and laundry allowance shall be paid by the employer.

 

e.        Protective clothing is to be supplied by the employer in accordance with Occupational Health and Safety guidelines, in consultation with the employee.

 

1.27.  Public Holidays

 

a.        The following shall be recognised public holidays:

 

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Labour Day, Queen's Birthday, Christmas Day and Boxing Day.

 

b.        The above holidays with all gazetted state-wide holidays shall be observed and for such holidays the employee shall be paid.

 

c.        Unless otherwise provided for in a linked award, employees who never work on the day the Public Holiday falls eg. a Monday-Friday roster where Saturday is the Public Holiday, receive no additional benefits (also see Domestic Clauses).

 

d.        Where an employee is on a rotating roster and their rostered time-off falls on a Public Holiday, the employee shall be paid (by mutual agreement) either:

 

i          Payment for the said holiday.

 

ii         Addition of the rostered time to the employees annual leave.

 

iii        Equal time-off shall be taken within twenty one (21) days of the holiday, such time-off being allowed either prior to or after the holiday.

 

e.        Except for employees engaged in the retailing and hospitality industries in the County (see Domestic Clauses) any employee required to work on any such holiday shall be paid at the rate of double time in addition to their ordinary pay.

 

f.        Employees shall not be entitled to the benefits provided by this clause in respect of any public holiday if they absent themselves from their work without reasonable excuse either on the working day before or the working day after such holiday. Where two or more public holidays fall together and an employee absents himself from work without reasonable excuse on both the working day before and the working day after such holiday he will lose the benefits of this clause in respect of all such holidays, but when he is absent without reasonable excuse on one day only (before or after such holiday) he shall lose such benefits only in respect of one public holiday.

 

1.28.  Right of Entry

 

Right of entry for Authorised Officials of Unions party to this Consent Award will be in accordance with Part 7 of the NSW Industrial Relations Act, 1996.

 

1.29.  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 or pursuant to a part time work agreement made under Chapter 2, Part 5 of the NSW 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.

 

1.30.  Sick Leave

 

a.        Employees shall be entitled to be paid wages whilst absent from work after three months service through personal sickness, provided the employee furnishes a certificate stating details of illness from a duly qualified Medical Practitioner or other satisfactory proof to the employer, that he or she is unable to follow their usual occupation or is a patient of a hospital.

 

b.        In the event of any employee losing time following injury from any sporting activity, and he or she is in receipt of compensation from a sporting body, sick leave payments will be reduced by the amount of such compensation received from the sporting body.

 

c.        Sick leave benefit shall be limited to the equivalent hours of 10 working days per year of service. Sick Leave is cumulative from year to year.

 

d.        Where a business changes ownership and continues to operate in the same manner, and on the same premises and in the same industry as the previous owner, any employee taken over by the new employer from the previous employer shall retain his/her entitlement to such sick leave as was accumulated with the previous employer.

 

e.        Where an employee who is eligible for sick leave produces a satisfactory medical certificate to the effect that he has been incapacitated for a period:

 

i          of one week or more whilst on annual leave; or

 

ii         of one month or more whilst on long service leave, he/she may be re-credited with annual leave or long service leave as the case may be, or the period for which sick leave is available and sick leave to credit shall be reduced by an equivalent period. Provided that no such re-credit shall be granted to an employee on leave prior to retirement, resignation or termination of service.

 

f.        The employee as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence shall inform the employer of their inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

 

g.        If an employee is absent from work for parts of the day, then they should have that time debited against their sick leave entitlement on an hourly basis regardless of how many hours they are absent from work.

 

h.        Part-time employees receive pro rata sick leave entitlements.

 

1.31.  Stand Down

 

a         Notwithstanding anything elsewhere contained in this award, if for any reason, such as shortage of electrical power, raw materials, fuel, access to site or any other like reason, outside of its control, the Employer is unable to carry out its normal operations during the working hours of any day, the Employer may withhold from the wages of an Employee payment for any part of a shift in excess of one shift that such Employee cannot be usefully employed and who was stood down as a result.

 

b         The Employer may stand down with pay any Employee if he or she cannot be usefully employed because of any cessation of operations, either wholly or partially due to industrial disputes, including any strike, ban or limitations, or arising out of any cause for which the Employer is not responsible.

 

1.32.  Broken Hill Town Industries Superannuation Fund

 

This Fund was established by agreement between the Broken Hill Chamber of Commerce and the Barrier Industrial Council and affiliated Unions for the purpose of handling occupational superannuation now known as the Superannuation Guarantee Charge (SGC).

 

The Fund conforms with Federal Government occupational superannuation guidelines and is authorised to accept contributions for such purposes.

 

The fund (AMP CustomSuper) is governed by a Trust Deed and is administered by AMP Life Limited.  A Policy Committee made up of three (3) representatives from Broken Hill Chamber of Commerce Inc. and three (3) representatives from the Barrier Industrial Council and affiliated unions, represent participating members and employer sponsors.  AMP Superannuation Limited is the Trustee of the Fund and is responsible for all aspects of the operation of the Fund.

 

Occupational Superannuation Contributions:

 

a.        In accordance with the handing down by the Commonwealth Government of legislation which establishes a requirement to pay employees (as defined) SGC from the first pay period to commence on or after January 1, 1989, the employer will pay into an "approved" Occupational Superannuation Fund the percentage of ordinary time earnings prescribed by Superannuation Guarantee legislation on behalf of eligible employees. The scale of contributions is as per the attached schedule.

 

For the purpose of the Consent Award all reference to an "approved fund" shall mean any superannuation scheme that conforms to the Commonwealth Governments operational standards for Occupational Superannuation Funds.

 

b.        Eligible Employee shall mean all employees earning $450 or over a month for each month they earn that amount;

 

c.        Ordinary Time Earnings for an employee in this context means the classification rate including supplementary payments where relevant, over-award payments, shift loadings and such other payments as are declared by the parties to this Consent Award to be eligible under the heading of ordinary time earnings.

 

A schedule of most common supplementary payments and allowances with a determination as to their ordinary time earnings eligibility follows:

 

Ordinary Time Earnings include:

 

Paid Sick Leave

 

Long Service Leave

 

Annual Leave

 

Paid Compassionate Leave

 

Blood Donor Leave

 

Over-award of Merit Payments

 

Penalty Rates

 

Shift Loadings

 

Window Dresser and Ticket

 

Writers Allowance

 

Section Head Allowance

 

Broken Shift Allowance

 

Liquor Licence Allowance

 

Freezer Allowance

 

Foreign Language Allowance

 

Toilet Cleaning Allowance

 

Commissions

 

Ordinary Time Earnings DO NOT Include:

 

Workers Compensation

 

Parental Leave

 

Unpaid Leave

 

Overtime

 

Occasional Bonus Payments

 

Meal Allowances

 

Travel Allowances

 

Laundry Allowances

 

Annual Leave Loading

 

Unpaid Sick Leave

 

d.        Fund

 

For the purpose of this Consent Award, contributions made by employers in accordance with the provisions of subclause (i) - Contributions shall be made as follows:

 

i          To any superannuation scheme that conforms to the Commonwealth Government's operational standards for occupational superannuation funds.

 

e.        Contributions

 

i          Except as provided in subclauses (iii) of this clause, each employer shall, in respect of each employee, pay contributions to the respective Trustee at the relevant rate of the employee’s ordinary time earnings having regard for the scale prescribed by Superannuation Guarantee legislation.

 

ii         Contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements of the respective Fund.

 

iii        An employer shall not be required to make contributions pursuant to this Consent Award in respect of an employee in respect of a period when that employee is absent from his or her employment without pay, such as unpaid sick leave, annual leave, maternity leave or the like, or periods of workers' compensation beyond the expiry of any entitlement to workers' compensation make-up pay.

 

iv        Where a new employee commences in employment, the employer shall advise the employee of the employee's entitlements under this Consent Award and of the action to be taken by the employee to obtain the benefit of those entitlements.

 

f.        Records

 

An employer shall retain all records relating to the calculation of payments due to the Fund in respect of each employee and such records of each employee and such records shall be retained for a period of six (6) years.

 

1.33.  Termination of Employment

 

a.        General Termination

 

i          To terminate employment either party shall be given one week's notice - if the employer fails to do so he shall pay one week in lieu of notice and similarly if the employee fails to do so he shall forfeit one week's pay.

 

ii         In the case of dishonesty or misconduct summary dismissal shall apply.

 

iii        The employer shall have the right to summarily dismiss any employee for dishonesty or misconduct whilst under notice. Payment of wages to be made up to the time of dismissal only.

 

iv        On termination of services payment for any monies due will be made within 48 hours. If the employee is leaving the city, then payment will be made forthwith.

 

b.        Application of Redundancy

 

i          The Employment Protection Act, 1982, regulations and amendments thereto shall apply in respect of employees who are retrenched through business reorganisation, economic downturn or technological change

 

ii         In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of Clause 1.32.e Termination of Employment.

 

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

 

iv        Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct the justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual, 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.

 

v         Wherever practicable, an employer will call for voluntary redundancies to meet the requirement to down-scale the business before proceeding to forced retrenchment. However, the employer may exercise a veto on an employee whose skills and knowledge must be retained by the business.

 

vi        Seniority in the sense of an absolute rule of "last on, first off" does not apply under this Consent Award, although any Union has the right to present the case of any employee who is considered to have been unjustly treated.

 

vii       When retrenchments occur, the employer has the right to discharge according to ability for the particular job, but in cases where there is equality with regard to ability, then seniority will be observed.

 

c.        Introduction of Change

 

i          Employers 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 effected 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 employers 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 specified in subclause (i) of clause 3. Application makes provision for alteration of any of the matters refereed to herein, an alteration shall be deemed not to have significant effect.

 

ii         Employers duty to discuss change

 

1         The employer shall discuss with the employees affected and the union to which they shall belong, inter alia, the introduction of the changes referred to in subclause (c) of this clause, 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 take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed termination, 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 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 disclose information the disclosure of which would adversely affect the employer.

 

d.        Redundancy

 

i          Discussions before terminations

 

Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to Sub Clause (c) (Introduction of Change) (ii) 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.

 

ii         The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (i) 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.

 

iii        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 effected, and the number of workers normally employed and the period over which 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.

 

e.        Termination of Employment

 

i          Notice for Changes in Production, Programme, Organisation or Structure - this subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure in accordance with Sub Clause 1.32.c (Introduction of Change).

 

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

 

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

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 continuos service, shall be entitled to an additional weeks 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.

 

ii         Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with Sub Clause 1.32.c (Introduction of Change).

 

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

 

2         Payment in lieu of 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 purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any act amending or replacing either of these Acts.

 

iii        Time Off During the Notice Period

 

1         During the 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 that attendance at an interview or the employee shall not receive payment for the time absent.

 

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

 

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

 

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

 

vii       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 Department of Social Security.

 

viii      Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subclause (i) of clause 1.32.c, Introduction of Change, 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 week s of notice still owing.

 

f.        Severance Pay

 

i          Where an employee is to be terminated pursuant to Sub Clause 5, Termination of Employment, subject to further order of the NSW Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

Period of continuous service

Employees under

Employees over

 

45 years of age

45 years of age

Less than one year

nil

nil

One year but less than two years

4 week's pay

5 week's pay

Two years but less than three years

7 week's pay

8.75 week's pay

Three years but less than four years

10 week's pay

12.5 week's pay

Four years but less five years

12 week's pay

15 week's pay

Five years but less than 6 years

14 week's pay

17.5 week's pay

Six years but less than 7 years

16 week's pay

20 week's pay

 

1         "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 payment, shift penalties and allowances paid in accordance with the Van Sales Employees’ (State) Award and any subsequent splinter award.

 

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

 

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

 

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

 

g.        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.

 

1.34.  Time Books and Time Sheets

 

A time book or time sheets shall be provided by the employer and it shall be compulsory for all employees to sign such time book or sheets each day when commencing and ceasing duty.

 

1.35.  Training, Career Development and Trainees

 

a.        The parties to this Consent Award recognise that in order to increase the efficiency, productivity and competitiveness of Broken Hill commerce and industry a greater commitment to training and skill development is required. Accordingly the parties commit themselves to:

 

i.         Developing a more highly skilled and flexible workplace.

 

ii.        Providing employees with career opportunities through appropriate training to acquire additional skills; and,

 

iii.       Removing barriers to the utilisation of skills required.

 

b.        Provided that:

 

i.         If training is undertaken at the employer's request during ordinary working hours the existing employee concerned shall not suffer any loss of ordinary pay,

 

ii.        Any cost associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Reimbursement shall occur at the completion of the course/semester subject to presentation of reports of satisfactory results/progress.

 

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

 

iv.       Employees are encouraged to undertake such training and retraining as required by the employer and employers are encouraged to give approval to employee's requests for training in relevant aspects of their industry.

 

v.        New employees signed up under the State or National Training Scheme shall be paid the rate as prescribed in this award on the wage schedule at the end of each domestic section.

 

a.        The weekly wage rate equals the appropriate percentage of the adult rate multiplied by "Y" multiplied by 39/52.

 

b.        Where "Y" equals the adult rate prescribed in the Broken Hill Commerce & Industry Consent Award 2008, and where 39 represents the actual weeks spent on the job during a twelve month period of traineeship.

 

c.        The wage rate determined by this calculation shall in no case be less that the minimum rate prescribed by the Australian Traineeship Guidelines.

 

d.        Provided further that trainee rates shall be calculated in multiples of ten cents with any result of five cents or more being taken to the next highest ten cent multiple.

 

1.36.  Vehicles, Expenses, Licences

 

a.        Weekly Employees - Any employee required by an employer to provide at his own expense a bicycle, motor cycle, motor car or utility shall be paid an allowance as per General Allowances Schedule at the end of this section.

 

Casual Employees - Any employee required by an employer to provide at his own expense a motor car or utility under 2000cc capacity shall be paid as per General Allowances Schedule at the end of this section

 

b.        If the employer provides a vehicle he shall pay the whole cost of the upkeep, registration, insurance and maintenance of running expenses.

 

c.        Where travelling expenses are incurred in the course of any employee's duties they will be paid by the employer.

 

d.        Where an employee is required to drive a vehicle in the course of his employment the employer shall refund that employee with the cost of his drivers' licence, upon renewal for a period of one year.

 

1.37.  Wages Policy and Payment

 

a.        The Broken Hill Chamber of Commerce, the Barrier Industrial Council and affiliated Unions will implement this Consent Award subject to the understanding that it is to be closed to any general community wage adjustments as may be handed down by the NSW Industrial Relations Commission, or any other applicable body, for the duration of this Consent Award except as provided in Clause 1.7.j

 

b.        However, with respect to movements in superannuation, the Chamber of Commerce commits to pass on all adjustments in accordance with the terms and conditions that may arise as a result of applicable legislation passed by the Commonwealth Government within the duration of this Consent Award.

 

c.        It is a term of this Consent Award that the Barrier Industrial Council and affiliated Unions undertake for the period of this Consent Award they will not pursue any extra claims as a result of any general community wage or conditions adjustments as may be determined outside of this Consent Award.

 

d.        Wages including overtime shall be paid weekly or fortnightly. Such payment shall be made in the employers' time.

 

e.        All wage variations will apply from the day such variation is granted irrespective of payment being made weekly or fortnightly.

 

f.        On the payment of any wages by an employer to an employee covered by this Consent Award, such employer shall indicate either by noting on the pay envelope by way of a statement in writing handed to the employee at the time of paying his or her wages how the pay is made up by including in such noting or statement such particulars as may be prescribed as regards the date of payment, the period covered thereby, the rate of wages, the number of hours worked, overtime payments and details of any deductions and other prescribed matters.

 

g.        The employer shall keep proper records to give this detail and employees must sign for their earnings.

 

h.        Electronic Funds Transfer is an acceptable method of payment, provided suitable arrangements are made by the employers and transfer costs are borne by the employers.

 

1.38.  Working Roster

 

a.        A roster showing the working hours of all employees for a period of at least seven days in advance shall be posted in a position accessible to all employees.

 

b.        Not less than seven days' notice of any alteration of the roster shall be given to the employee, such notice shall not be given where an alteration is necessary on account of sickness or other absence of the employee.

 

1.39.  Workplace Flexibility

 

a.        For the purposes of increasing productivity and flexibility as well as enhancing career opportunities for employees, multi-skilling may extend by agreement between an employer and employees to allow the employee to perform any work in an enterprise within the scope of his/her skills and competence.

 

b.        Discussion shall take place at the establishment level between relevant Unions, employees and the employer with a view to reaching agreement for employees to perform a wider range of tasks, removal of demarcation barriers and participation of employees in additional training.

 

1.40.  State Wage Case

 

This clause is to give effect to the 2008 State Wage Case principles and the decision of the Commission. This clause is to be applied in a manner consistent with the decision of the Commission in that matter:

 

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

 

a.        any equivalent over-award payments, and/or

 

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

 

The above clause will replace the offsetting clause inserted into awards pursuant to the principles determined in the State Wage Case 2008 decision.

 

GENERAL SCHEDULE OF ALLOWANCES

 

Effective from the first full pay period on or after 1 October 2008

 

Refer to Domestic Section for any other allowances

 

Item No.

Clause

Description of Allowance

Amount

 

 

No.

 

$

 

Item 1

1.9

Broken Shift

4.61

per shift

 

3.7

 

 

 

 

6.8

 

 

 

 

16.9

 

 

 

 

11.3(d)

 

 

 

Item 2

1.14(a)

First Aid allowance

7.52

per week

 

11.14

 

 

 

Item 3

1.22(c) (b)

Overtime Meal Allowance

9.51

per meal

 

1.22(c) (c)

 

 

 

 

3.8 (b)

 

 

 

 

3.8(c)

 

 

 

 

6.1(c)

 

 

 

 

7.1(c)

 

 

 

 

9.1(c)

 

 

 

 

22.1(c)

 

 

 

Item 4

1.27(d)

Laundry Allowance

5.55

Per week

 

11.11(a)

 

 

 

Item 5

1.35(a)

Bicycle Allowance

9.90

per week

Item 6

1.35(a)

Motor Cycle Allowance

30.19

per week

Item 7

1.35(a)

Motor Car Allowance under 2000cc

111.49

per week

 

 

 

.34

per km

Item 8

1.35(a)

Motor Car Allowance 2000cc and over

132.36

per week

 

 

 

.34

per km

Item 9

1.35(a)

Motor Car Allowance under 2000cc (casual employee)

.50

per km

Item 10

1.35(a)

Motor Car Allowance 2000cc and over (causal employee)

.55

per km

Item 11

19.3(b)

Fare Allowance

10.56

Per shift

Item 12

3.6

Additional Rates - Toilet Cleaning Allowance

7.91

Per week

Item 13

11.15(a)

Mixed Functions

13.16

Per shift

 

 

 

 

or day

 

ANIMAL WELFARE

 

Wage rates in this section are based on the Broken Hill Commerce and Industry Consent Award 2001.

 

Definitions

 

a.        Animal Nurse means an employee who holds a diploma of a registered Animal Nursing Auxiliary Association or an equivalent diploma. For the purpose of this sub-clause, a certificate in general nursing of the Nurses’ Registration Board of NSW shall be deemed to be an equivalent diploma if, one year’s transitional period of work, an employee holding such a certificate is, in the employer’s opinion, sufficiently experienced in animal nursing practices.

 

b.        Animal Attendant means an employee with three years’ experience in the industry and who is employed in connection with animal welfare or with less service if, in the opinion of the employer, the employee is sufficiently experienced to be so classified and is able to give injections and to take temperatures of animals.

 

2.1.  Hours of Labour

 

a.        As of 1 July 1999 the ordinary hours of work shall not exceed thirty eight (38) per week, excluding meal breaks.

 

b.        If agreed between employer and employee, the ordinary hours can be averaged over a 12 week period, as per Section 22 (1) - Ordinary Working Hours in the NSW Industrial Relations Act 1996.

 

c.        An employee who works five (5) ordinary hours or more on any day shall be allowed on such day an unpaid meal break of one hour between the hours commencing not earlier than 11.30 am and finishing not later than 3 pm. Provided that where agreement between the employer and employee, a meal break of between thirty (30) minutes and one hour may apply. The meal break shall be given and taken so that no employee shall work more than five (5) consecutive hours without a meal break.

 

d.        Commencing and Ceasing Times

 

i          Commencing Time

 

The commencing time of ordinary hours of work by employees shall be 7.30 am Monday to Saturday.

 

ii         Ceasing Time

 

The times for cessation of the ordinary hours of work by employees shall be 8.00 pm Monday to Friday and 1.00 pm Saturday.

 

e.        Shift Penalties

 

Notwithstanding any other provision for ordinary hours within this Consent Award, an employee may be engaged to work ordinary hours as set out above as part of their ordinary hours roster, providing they are paid the following additional penalty:

 

i          Monday to Friday (inclusive)

 

All ordinary hours worked after 6.00 pm Monday to Friday inclusive, 20%.

 

ii         Saturday

 

All ordinary hours worked on Saturday, 25%.

 

2.2.  Working Roster

 

Refer to General Clause 1.38

 

2.3.  Overtime

 

Refer to General Clause 1.21

 

2.4.  Junior Employees

 

a.        Junior Animal Nurses and Junior Animal Attendants shall be paid the appropriate adult rate of pay, provided that the minimum rates for juniors otherwise employed shall be at the following percentages of the appropriate adult rate, as the case may be, for ‘all others & kennel cleaners’:

 

Under 17 years         70%

 

At 17 years of age    80%

 

At 18 years of age    90%

 

At 19 years of age    100%

 

b.        Junior employees are to have structured training, internal and/or external, incorporated into their duties.

 

2.3.  Casual Employees

 

a.        Casual employees are those who are engaged for irregular short periods for the work of their calling.

 

b.        A casual employee shall be paid a minimum engagement of three (3) hours.

 

c.        Casual employees in this section shall be paid at the rate of time and 15%, Monday to Friday inclusive.

 

d.        Casual employees, after twelve (12) months’ service, shall be entitled to annual leave, calculated at five-forty sevenths (5/47) of the gross earnings.

 

e.        Casual employees shall also be granted an annual leave loading of 17.5% of their holiday pay. The loading is payable on annual leave only.

 

f.        Casual employees are entitled to long service leave.

 

g.        Casual employees, who leave the service of any establishment of one employer or is put off before the expiration of twelve months service, shall receive proportionate payment accordingly.

 

h.        Casual employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

2.4.  Part-Time Employees

 

Adults may be employed as part-time employees in any classification in this section on the following basis:

 

a.        Not less than fifteen (15) hours per week.

 

b.        Part-time employees shall be paid a minimum of two (2) hours’ pay for each day engaged.

 

c.        Part-time employees shall be paid the minimum rostered hours.

 

d.        All time worked in excess of eight (8) hours per day shall be overtime and paid for at the rate prescribed for other weekly employees.

 

e.        The hours of duty each day shall be worked continuously. Provided that an employee who is required to work longer than four (4) hours shall be granted a meal break of not less and not more than thirty (30) minutes.

 

f.        Part-time employees shall be paid hourly rates of pay calculated at one-thirty eighth (1/38) of the weekly rate plus 10%.

 

g.        Notwithstanding anything else contained in this Consent Award, the provisions of this Consent Award with respect to Annual Leave, Annual Leave Loading, Sick Leave, Long Service Leave, Compassionate Leave, Parental Leave and Holidays shall apply to part-time employees on a pro-rata basis for each employee.

 

h.        One month’s notice is to be given to change an employee’s employment from part-time to casual.

 

i.         Part-time employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

Note:  Where this Section is silent on an issue, please refer to the General Clauses.

 

ANIMAL WELFARE WAGE SCHEDULE

 

Effective from the first full pay period on or after 1st October, 2008

 

Adult Employees

Weekly Rate

Full time Hourly

Part time Hourly

Casual Hourly

 

$

$

$

$

Animal Nurse

568.10

14.95

16.45

17.19

General Nurse

562.48

14.80

16.28

17.02

Animal Attendant

552.70

14.55

16.00

16.73

Food prep./Kennel Clean.

552.70

14.55

16.00

16.73

All Others

552.70

14.55

16.00

16.73

 

Casual Employee - Time plus 15% plus A/L & LSL

 

Part-time Employees - Time plus 10% plus pro-rata A/L, LSL & S/L

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

Junior Employees

 

Junior Animal Nurses and Junior animal Attendants shall be paid the appropriate adult rate of pay.

 

Kennel Cleaner

 

Weekly Rate

Full-time Hourly

Part-time Hourly

Casual Hourly

 

%

$

$

$

$

Under 17 years of age

70

386.89

10.18

11.20

11.71

At 17 years of age

80

442.16

11.64

12.80

13.39

At 18 years of age

90

497.43

13.09

14.40

15.05

At 19 years of age

100

552.70

14.55

16.00

16.73

All Others

 

 

 

 

 

Under 17 years of age

70

386.89

10.18

11.20

11.71

At 17 years of age

80

442.16

11.64

12.80

13.39

At 18 years of age

90

497.43

13.09

14.40

15.05

At 19 years of age

100

552.70

14.55

16.00

16.73

 

Penalty Rates

 

Full-time & Part-time employees working ordinary hours only.

 

Monday to Friday after 6 pm - Time plus 20%

 

Saturday - Time plus 25%

 

Sunday - Double time

 

Note:  Animal Attendant, Food preparer/kennel Cleaner and All others have been increased to the minimum adult wage.

 

CLEANERS & CARETAKERS

 

Wage rates in this section are based on the Broken Hill Commerce and Industry Consent Award 2001.

 

3.1.  Hours of Labour

 

a.        As of 1 July 1999 the ordinary hours of work shall not exceed thirty eight (38) per week, excluding meal breaks.

 

b.        The starting and ceasing times are to be agreed between the employer and employee.

 

c.        An employee who works five (5) ordinary hours or more on any day shall be allowed on such day an unpaid meal break of one hour between the hours commencing not earlier than 11.30 am and finishing not later than 3 pm. Provided that where agreement between the employer and employee, a meal break of between thirty (30) minutes and one hour may apply. The meal break shall be given and taken so that no employee shall work more than five (5) consecutive hours without a meal break.

 

3.2.  Casual Employees

 

a.        Casual employees are those who are engaged for irregular short periods for the work of their calling.

 

b.        A casual employee shall be paid a minimum engagement of two (2) hours.

 

c.        Casual employees in this section shall be paid at the rate of time and 15%, Monday to Friday inclusive. For all work performed on a Saturday or Sunday they shall be paid at the rate of double ordinary time.

 

d.        Casual employees, after twelve (12) months’ service, shall be entitled to annual leave, calculated at five-forty sevenths (5/47) of the gross earnings.

 

e.        Casual employees shall also be granted an annual leave loading of 17.5% of their holiday pay. The loading is payable on annual leave only.

 

f.        Casual employees are entitled to long service leave.

 

g.        Casual employees, who leave the service of any establishment of one employer or is put off before the expiration of twelve months service, shall receive proportionate payment accordingly.

 

h.        Casual employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

3.3.  Part-Time Employees

 

Adults may be employed as part-time employees in any classification in this section on the following basis:

 

a.        Not less than twelve (12) hours per week and not in excess of thirty two (32) hours per week.

 

b.        Part-time employees shall be paid a minimum of two (2) hours’ pay for each day engaged.

 

c.        Part-time employees shall be paid the minimum rostered hours.

 

d.        All time worked in excess of eight (8) hours per day shall be overtime and paid for at the rate prescribed for other weekly employees.

 

e.        The hours of duty each day shall be worked continuously. Provided that an employee who is required to work longer than four (4) hours shall be granted a meal break of not less and not more than thirty (30) minutes.

 

The meal break shall be excluded as time worked.

 

f.        Part-time employees shall be paid hourly rates of pay calculated at one-thirty eighth (1/38) of the weekly rate plus 10%.

 

The additional ten percent prescribed shall be regarded also as ordinary wages for the payment of annual leave, sick leave and work not performed on a holiday.

 

The additional ten percent herein prescribed shall not apply in addition to the rates prescribed to other weekly employees for work performed on Saturday, Sunday, holidays, overtime or where double time is prescribed in this Consent Award.

 

g.        The provisions of this Consent Award with respect to Annual Leave, Annual Leave Loading, Sick Leave, Long Service Leave, Compassionate Leave, Parental Leave and Holidays shall apply on a pro-rata basis to part-time employees.

 

h.        One month’s notice is to be given to change an employee’s employment from part-time to casual.

 

i          Part-time employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

3.4.  Working Roster

 

Refer to Clause 1.38

 

3.5.  Weekend Penalty

 

All employees` in this Section shall be paid at the rate of double ordinary time for all work performed on a Saturday or Sunday.

 

3.6.  Additional Rates

 

An employee required to work in lavatories, or on outside marble or outside brass, or required to scrub marble, terrazzo, rubber flor coverings, corridors or stairs which necessitate the employee kneeling, shall be paid the amount at Item 12 - General Schedule of Allowances.

 

3.7.  Broken Shifts

 

Refer to Clause 1.9

 

3.8.  Meal Breaks

 

a.        When working overtime, i.e. time worked outside the ordinary hours or shift, employees shall not work more than four hours continuously without being allowed thirty (30) minutes for a meal break at overtime rates, provided that where overtime is worked immediately preceding or following the ordinary hours or shift in excess of one and one half hours they shall be entitled to a meal break of thirty minutes at overtime rates.

 

b.        An employee required to work overtime in excess of one and one half hours shall either be supplied with a meal by the employer or paid the amount at Item 3- General Schedule of Allowances

 

c.        If an employee has provided a meal and is not required to work overtime or is required to work less than the time advised, he shall be paid the amount at Item 3- General Schedule of Allowances for the meal so provided.

 

3.9.  Overtime

 

Refer to clause 1.21

 

CLEANERS & CARETAKERS WAGES SCHEDULE

 

Effective from first full pay period on or after 1st October  2008

 

 

Weekly rate

Full time/ hourly

Part time/ hourly

Casual/hourly

 

$

$

$

$

Caretaker

615.78

16.20

17.83

18.64

Cleaner

585.76

15.41

16.96

17.72

 

Part time rate ‑ time plus 10%

 

Part time employees shall work not less than 12 hours per week and shall be paid a minimum of 2 hours for each day engaged.

 

Casual rate ‑ time plus 15% Monday to Friday inclusive.

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

All employees shall be paid double time for all work performed on a Saturday or Sunday.

 

Overtime:

 

The payment of overtime (time worked outside of ordinary hours) shall be at the rate of time and one half for the first 2 hours and double time thereafter.

 

CLERKS

 

Terms and Conditions of Employment

 

For terms and conditions of employment under this section, please refer to the Clerical and Administrative Employees (State) Consolidated Award, (Code 135) except for the following Clauses.

 

4.1.  Annual Leave

 

a.        Each employee after twelve months service in any one establishment of one employer shall be granted five (5) weeks holidays on full pay.

 

b.        Employees who leave the service of any establishment or is put off before the expiration of twelve months service shall receive proportionate payment accordingly, and in conformity with the Annual Holiday Act NSW.

 

c.        Holidays may be taken in one or two separate periods, and in the case of two periods being agreed upon, the definite commencing dates for each period shall be agreed upon prior to the commencement of the first period of leave being taken.

 

c.        Part-time employees receive pro-rata Annual Leave entitlements.

 

d.        Where an employer and employee agree the employee may ‘cash in’ the fifth week of their Annual Leave. Payment of the ‘cashed in’ week will be made at the time of taking the bulk of the employee’s Annual Leave.

 

e.        In addition to the leave provided for by subclause (a) of this clause, seven-day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed one week's leave; provided that if during the year of employment an employee has served for only a portion of it as a seven-day shift worker, the additional leave shall be one day for every thirty six (36) ordinary shifts worked as a seven-day shift worker. In this subclause reference to one week and one day shall include holidays and non-working days.

 

4.2.  Long Service Leave

 

Please refer to General Clauses, clause 1.17, Long Service Leave.

 

4.3.  Area, Incidence and Duration

 

Please refer to General Clauses, clause 1.7, Area, Incidence and Duration

 

CLERKS WAGE SCHEDULE

 

Effective from the first full pay period on or after 27th June 2008

 

Grade

Weekly Rate

Part Time

Casual 20%

Casual

 

$

$

$

(Inc Holiday Pay)

 

 

 

 

$

Grade 1

599.04

15.76

18.92

20.93

Grade 2

620.78

16.34

19.60

21.69

Grade 3

655.82

17.26

20.71

22.91

Grade 4

699.19

18.40

22.08

24.43

Grade 5

762.22

20.06

24.07

26.63

 

JUNIOR RATES

 

Equivalent to Grade 3 or above (qualified computer operator)

 

Age

Weekly Rate

Part Time

Casual

Casual

 

$

$

$

(inc holiday pay)

 

 

 

 

$

At 17 years

317.80

8.36

10.04

11.10

At 18 years

384.75

10.12

12.15

13.44

At 19 years

437.59

11.52

13.82

15.29

At 20 years

513.82

13.52

16.23

17.95

 

ALL OTHER JUNIORS

 

Age

Weekly Rate

Part Time

Casual

Casual

 

$

$

$

(inc holiday pay)

 

 

 

 

$

Under 17 years

248.12

6.53

7.84

8.67

At 17 years

306.60

8.07

9.68

10.71

At 18 years

372.27

9.80

11.76

13.01

At 19 years

419.95

11.05

13.26

14.67

At 20 years

491.36

12.93

15.52

17.17

 

Casual.  Loading - 20% With a Minimum Payment of 4 Hours Plus 5/47ths Holiday Pay

 

Part-time employees shall work not less than 2 days per week and such hours shall be not less than 12 hours per week.

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

Overtime shall be paid at the rate of time and one half for the first 2 hours and double time thereafter.

 

CLOTHING TRADES

 

Wage rates in this section are based on the Broken Hill Commerce and Industry Consent Award 2001.

 

The Clothing Trades (State) Award was used as a guideline for the incorporation of the definitions into this Consent Award

 

5.1.  Classifications

 

a.        Seamstress

 

b.        Cutter and Patternmaker

 

c.        Tradesperson

 

5.2.  Hours of Labour

 

a.        As of 1 July 1999 the ordinary hours of work shall not exceed thirty eight (38) per week, excluding meal breaks and within the following hours:

 

b.        Commencing and Ceasing Times

 

i          Commencing Time

 

The commencing time of ordinary hours of work by employees shall be 6.00 am Monday to Friday, and 8.00 am Saturday.

 

ii         Ceasing Time

 

The times for cessation of the ordinary hours of work by employees shall be 6.00 pm Monday to Saturday inclusive.

 

c.        If agreed between employer and employee, the ordinary hours can be averaged over a 12 week period, as per Section 22 (1) - Ordinary Working Hours in the NSW Industrial Relations Act 1996.

 

d.        An employee who works five (5) ordinary hours or more on any day shall be allowed on such day an unpaid meal break of one hour between the hours commencing not earlier than 11.30 am and finishing not later than 3 pm. Provided that where agreement between the employer and employee, a meal break of between thirty (30) minutes and one hour may apply. The meal break shall be given and taken so that no employee shall work more than five (5) consecutive hours without a meal break.

 

5.3.  Roster

 

Refer to Clause 1.38

 

5.4.  Overtime

 

Refer to Clause 1.21

 

5.5.  Apprentices and Junior Employees

 

a.        The apprentice provisions contained in this Consent Award are pursuant to Schedule 2, Clause 1 (4) of the Apprenticeship and Traineeship Act 2001, Part 2 Division 1 (4).

 

b.        The minimum wages payable to apprentices, shall be the following percentages of the wage prescribed for an adult tradesperson under this Consent Award.

 

 

First 6 months

Second 6 months

1st year

50%

55%

2nd year

60%

65%

3rd year

70%

75%

4th year

80%

85%

 

c.        The minimum rate of wages for junior employees shall be the undermentioned percentages of the rates prescribed for a seamstress.

 

Period of Continuous Service

Period of Notice

16 years and under

50%

At 17 years

60%

At 18 years

69%

At 19 years

75%

At 20 years

85%

 

d.        Junior employees are to have structured training, internal and/or external, incorporated into their duties.

 

5.6.  Casual Employees

 

a.        Casual employees are those who are engaged for irregular short periods for the work of their calling.

 

b.        A casual employee shall be paid a minimum engagement of two (2) hours.

 

c.        Casual employees in this section shall be paid at the rate of time and 25%, Monday to Saturday inclusive. For all worked performed on a Sunday they shall be paid at the rate of double ordinary time.

 

d.        Casual employees, after twelve (12) months’ service, shall be entitled to annual leave, calculated at five-forty sevenths (5/47) of the gross earnings.

 

e.        Casual employees shall also be granted an annual leave loading of 17.5% of their holiday pay. The loading is payable on annual leave only.

 

f.        Casual employees are entitled to long service leave.

 

g.        Casual employees, who leave the service of any establishment of one employer or is put off before the expiration of twelve months service, shall receive proportionate payment accordingly.

 

h.        Casual employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

5.7.  Part-Time Employees

 

Adults may be employed as part-time employees in any classification in this section on the following basis:

 

a.        Not less than twelve (12) hours per week.

 

b.        Not in excess of eight (8) hours per day.

 

c.        Part-time employees shall be paid the minimum rostered hours.

 

d.        The hours of duty each day shall be worked continuously. Provided that an employee who is required to work longer than four (4) hours shall be granted an un-paid meal break of not less and not more than thirty (30) minutes.

 

e.        Part-time employees shall be paid hourly rates of pay calculated at one-thirty eighth (1/38) of the weekly rate.

 

f.        Notwithstanding anything else contained in this Consent Award, the provisions of this Consent Award with respect to Annual Leave, Annual Leave Loading, Sick Leave, Long Service Leave, Compassionate Leave, Parental Leave and Holidays shall apply to part-time employees on a pro-rata basis for each employee.

 

g.        One month’s notice is to be given to change an employee’s employment from part-time to casual.

 

h.        Part-time employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

5.8.  Weekend Penalty

 

Ordinary hours performed on a Saturday shall be paid at the rate of time plus 25%, whilst ordinary hours performed on a Sunday shall be paid at the rate of double time.

 

Note:  Where this Section is silent on an issue, please refer to the General Clauses.

 

CLOTHING TRADES WAGES SCHEDULE

 

Effective from the first full pay period on or after 1st October 2008

 

 

Weekly Rate

Full time/hourly

Part time/hourly

Casual/hourly

 

$

$

$

$

Seamstress

590.30

15.53

15.53

19.42

Cutter & Pattern Maker

630.97

16.60

16.60

20.75

Tradesperson

673.14

17.71

17.71

22.14

 

Apprentices

%

Weekly Rate

% Tradesperson rate

 

$

1st year        1st 6 months

50

336.57

2nd 6 months

55

370.23

2nd year ‑      1st 6 months

60

403.88

2nd 6 months

65

437.54

3rd year ‑       1st 6 months

70

471.20

2nd 6 months

75

504.86

4th year ‑       1st 6 months

80

538.51

2nd 6 months

85

572.17

 

Junior rates of pay

%

Weekly Rate

% of Seamstress rate

 

$

16 years & under

50

295.15

At 17 years

60

354.18

At 18 years

69

407.31

At 19 years

75

442.73

At 20 years

85

501.76

 

Casual employees - Time plus 25% plus A/L & LSL

 

Part time employees - Time plus pro-rata A/L, LSL & S/L

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

Penalty Rates:  Saturday - Time plus 25%  Sunday - Double time.  Overtime shall be paid at time and one half for the first 2 hours and double time thereafter.

 

FURNISHING TRADES

 

Wage rates in this section are based on the Broken Hill Commerce and Industry Consent Award 2001.

 

The Furniture & Furnishing Trades (State) Award was used as a basis for the negotiations of this section.

 

Definitions

 

a.        A tradesperson shall mean a person who has completed an apprenticeship in a recognised trade and has been issued with a trade certificate.

 

b.        A Journeyperson shall be deemed to be equivalent to a tradesperson who:

 

i          is deemed to possess relevant industry experience and skills and adequate training, pursuant to Part V - Recognition of Other Trade Qualifications of the Industrial & Commercial Training Act 1989 and as such issued a craft certificate or a certificate of proficiency by the NSW Vocational Training Authority which deems the person to be adequately trained to pursue a particular trade.

 

ii         has been awarded a craftsperson certificate by any other like Vocational Training Authority in any other State.

 

c.        Indentured Apprentice means a worker who is serving a period of training under an indenture for the purpose of rendering the worker fit to be qualified in a trade.

 

d.        Adult Apprentice means a worker engaged as an apprentice who at the time of establishment of the apprenticeship is of or above the age of 21 years.

 

e.        Display Making

 

i          Display Maker means an employee (other than a journeyperson as defined above) wholly or partly engaged on any operation and/or installation of display materials or exhibition stands including point of sale materials and merchandising devises and panelling or showroom stock fixtures.

 

ii         Assistant Display Maker means an adult worker wholly or partly engaged in cutting, jigsaw cutting, fitting up and/or assembling, laying of carpet, carpet tiles, seagrass, painting, covering, staining, spraying, polishing, rolling, moulding, vacuum forming, wire bending, machining, die cutting, and/or any other composition either of wood, metal or other construction and in any other process connected with display work.

 

iii        General Hand means an adult employee who is otherwise engaged in the industry and performs not more than three of the functions specified in e.ii.  Assistant Display Maker of this clause under direct supervision.

 

f.        Furnishing Trades

 

Tradesperson/Journeyperson shall mean an employee as defined engaged in:

 

i          Cabinetmaking, upholstery and/or polishing and employed by retail stores, and in polishing and employed by contract polishers.

 

ii         Carpet or floor covering cutting, planning, measuring, laying or machining.

 

iii        Other adult employees shall mean such employees engaged in:

 

1         Soft furnishing, loose cover and/or furnishing drapery cutting.

 

2         Soft furnishing and/or furnishing drapery fixing and who may be required to measure up.

 

3         Making and/or cutting or measuring or fixing inside window blinds other than venetian blinds.

 

iv        Adult employees other than a Tradesperson/Journeyperson:

 

1         First year of experience.

 

2         Second year of experience.

 

3         Thereafter.

 

g.        Picture Frame Makers

 

i          Picture Frame Worker 1 shall mean an adult employee engaged in the finishing or covering of frames by bronzing, gilding, burnishing, staining, spraying, polishing and/or waxing, silk or tapestry and/or any other composition either of wood, metal and/or construction.

 

ii         Picture Frame Worker 2 shall mean an adult employee engaged in cutting, jigsaw cutting, fitting up, mount cutting, covering and/or coating of mount and ticket boards, squeezing, applying and/or making compo.

 

iii        Picture Frame Worker 3 shall mean an adult employee with more than three months experience in the industry who in addition to other duties as directed may be required to undertake tasks associated with the skill level of a Picture Frame Worker 2.

 

iv        Picture Frame Worker 4 shall mean an adult probationary employee with less than three months experience in the industry.

 

6.1.  Hours of Labour

 

a.        As of 1 July 1999 the ordinary hours of work shall not exceed thirty eight (38) per week, excluding meal breaks, but shall be worked between the hours of 6.00am and 6.00pm, Monday to Friday.

 

b.        The starting and ceasing times shall be fixed by the individual employer to suit the circumstance of the particular business. The starting and ceasing times having been fixed under this clause, no alteration shall be made except by mutual agreement of the parties.

 

c.        The meal time shall be one half hour to be taken between 12.00 noon and 2.00 pm

 

If any employee is not allowed to take his meal break at the appointed time, overtime shall be paid for one half hour and for the meal.

 

d.        If agreeable between employer and employee, the ordinary working hours can be averaged over a 12 week period, as per Section 22 - Ordinary Working Hours in the NSW Industrial Relations Act 1996.

 

6.2.  Casual Employees

 

a.        Casual employees are those who are engaged for irregular short periods for the work of their calling.

 

b.        A casual employee shall be paid a minimum engagement of two(2) hours.

 

c.        Casual employees in this section shall be paid at the rate of time and 15%, Monday to Friday inclusive.

 

d.        Casual employees, after twelve (12) months’ service, shall be entitled to annual leave, calculated at five-forty sevenths (5/47) of the gross earnings.

 

e.        Casual employees shall also be granted an annual leave loading of 17.5% of their holiday pay. The loading is payable on annual leave only.

 

f.        Casual employees are entitled to long service leave.

 

g.        Casual employees, who leave the service of any establishment of one employer or is put off before the expiration of twelve months service, shall receive proportionate payment accordingly.

 

h.        Casual employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

6.3.  Part-Time Employees

 

Adults may be employed as part-time employees in any classification in this section on the following basis:

 

a.        Not less than twelve (12) hours per week and not in excess of thirty (30) hours per week.

 

b.        Part-time employees shall work a minimum of two (2) days and a maximum of five (5) days per week.

 

c.        Part-time employees shall be paid the minimum rostered hours.

 

d.        All time worked in excess of rostered hours per day shall be overtime and paid for at the rate prescribed for other weekly employees.

 

e.        The hours of duty each day shall be worked continuously. Provided that an employee who is required to work longer than four (4) hours shall be granted an unpaid  meal break of not less and not more than thirty (30) minutes.

 

f.        Part-time employees shall be paid hourly rates of pay calculated at one-thirty eighth (1/38) of the weekly rate.

 

g.        The provisions of this Consent Award with respect to Annual Leave, Annual Leave Loading, Sick Leave, Long Service Leave, Compassionate Leave, Parental Leave and Holidays shall apply on a pro-rata basis to part-time employees.

 

h.        One month’s notice is to be given to change an employee’s employment from part-time to casual.

 

i.         Part-time employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

6.4.  Overtime

 

Refer to Clause 1.21

 

6.5.  Apprentices and Junior Employees

 

a.        The apprentice provisions contained in this Consent Award are pursuant to Apprenticeship and Traineeship Act 2001, Part 2 Division 1 (4).

 

b.        The minimum wages payable to apprentices and probationers shall be the following percentages of the wage prescribed for an adult Tradesperson/Journeyperson under this Consent Award.

 

 

Junior

Adult

1st year

51%

61%

2nd year

60%

65%

3rd year

75%

75%

4th year

90%

90%

 

c.        The minimum rate of wages for junior employees shall be the following percentages of the rate of pay for the adult classification applicable to the work performed by the junior.

 

 

Display Makers

Furnishing Trades

Picture Frame Makers

Under 16 years

32%

35%

31%

At 16 years

39%

43%

37%

At 17 years

46%

51%

45%

At 18 years

55%

61%

53%

At 19 years

68%

75%

67%

At 20 years

79%

88%

79%

 

6.6.  Working Roster

 

Refer to Clause 1.38

 

6.7.  Weekend Penalty

 

All employees in this Section shall be paid at the rate of double ordinary time for all work performed on a Saturday or Sunday.

 

6.8.  Broken Shifts

 

Refer to Clause 1.9

 

FURNISHING TRADES WAGES SCHEDULE

 

Effective from the first full pay period on or after 1st October, 2008

 

Furnishing

Weekly Rate

Part Time

Casual

 

$

$

$

Tradesperson / Journeyman

672.66

17.70

20.36

Other adult employees as defined engaged in:

 

 

 

Soft furnishings, etc. - cutting

650.96

17.13

19.70

Soft furnishing fixing, measuring

637.11

16.77

19.29

Making etc. window blinds other than venetian blinds

625.59

16.46

18.93

Adult employees other than tradesperson/Journeyman

 

 

 

First year of experience

575.82

15.15

17.43

Second year of experience

598.20

15.74

18.10

Thereafter

618.05

16.26

18.70

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

Apprentices

%

Weekly Rate

 

 

$

1st year         - Junior

51

343.05

- Adult

61

410.32

2nd Year       - Junior

60

403.59

- Adult

65

437.23

3rd year         - Junior

75

504.49

- Adult

75

504.49

4th year         - Junior

90

605.39

- Adult

90

605.39

 

Display Making

Weekly Rate

$

Part Time

$

Casual

$

Display maker

667.77

17.57

20.21

Assistant display maker

610.18

16.06

18.47

General hand

560.29

14.74

16.96

Picture Frame Worker 1

645.16

16.98

19.52

Picture Frame Worker 2

623.12

16.40

18.86

Picture Frame Worker 3

588.53

15.49

17.81

Picture Frame Worker 4

573.73

15.10

17.36

 

JUNIORS

 

Furnishing Trades

%

Weekly

Part time

Casual

 

 

$

$

$

Under 16 years

35

209.37

5.51

6.34

At 16 years

43

257.22

6.77

7.79

At 17 years

51

305.08

8.03

9.23

At 18 years

61

364.90

9.60

11.04

At 19 Years

75

448.65

11.81

13.58

At 20 years

88

526.42

13.85

15.93

Display Makers

 

 

 

 

Under 16 years

32

213.69

5.62

6.47

At 16 years

39

260.43

6.85

7.88

At 17 years

46

307.17

8.08

9.30

At 18 years

55

367.27

9.67

11.11

At 19 years

68

454.08

11.95

13.74

At 20 years

79

527.54

13.88

15.96

Picture Frame Maker

 

 

 

 

Under 16 years

31

200.00

5.26

6.04

At 16 years

37

238.71

6.28

7.22

At 17 years

45

290.33

7.64

8.79

At 18 years

53

341.94

9.00

10.35

At 19 years

67

432.26

11.38

13.09

At 20 years

79

509.68

13.41

15.42

 

Casual employees are paid time plus 15 % with a minimum of 2 hours per start.

 

Part time employees are to work a minimum of 12 hours per week

 

Weekend Penalty: All employees shall be paid double time for all work performed on a Saturday or Sunday

 

Overtime: Overtime is paid at the rate of time and one half for the first 2 hours and double time thereafter.

 

GARDENERS

 

Wage rates in this section are based on the Broken Hill Commerce and Industry Consent Award 2001.

 

Definitions

 

An employee who has completed successfully the Gardening and Horticultural Certificate course at a Technical College (or an equivalent course), shall be classified as a Propagator and/or Gardener with a certificate

 

7.1.  - Hours of Labour

 

a.        As of 1 July 1999 the ordinary hours of work shall not exceed thirty eight (38) per week, excluding meal breaks. The hours shall be worked between the hours of 6.00 am and 6.00 pm, Sunday to Saturday inclusive.

 

b.        The starting and ceasing times shall be fixed by the individual employer to suit the circumstance of the particular business. The starting and ceasing times having been fixed under this clause, no alteration shall be made except by mutual agreement of the parties.

 

c.        The meal time shall be one half hour to be taken between 12.00 noon and 2.00 pm

 

If any employee is not allowed to take his meal break at the appointed time, overtime shall be paid for one half hour and for the meal.

 

d.        If agreeable between employer and employee, the ordinary working hours can be averaged over a 12 week period, as per Section 22 - Ordinary Working Hours in the NSW Industrial Relations Act 1996.

 

7.2.  Casual Employees

 

a.        Casual employees are those who are engaged for irregular short periods for the work of their calling.

 

b.        A casual employee shall be paid a minimum engagement of three (3) hours.

 

c.        Casual employees in this section shall be paid at the rate of time and 15%, Monday to Friday inclusive.

 

d.        Casual employees, after twelve (12) months’ service, shall be entitled to annual leave, calculated at five-forty sevenths (5/47) of the gross earnings.

 

e.        Casual employees shall also be granted an annual leave loading of 17.5% of their holiday pay. The loading is payable on annual leave only.

 

f.        Casual employees are entitled to long service leave.

 

g.        Casual employees, who leave the service of any establishment of one employer or is put off before the expiration of twelve months service, shall receive proportionate payment accordingly.

 

h.        Casual employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

7.3.  Part-Time Employees

 

Adults may be employed as part-time employees in any classification in this section on the following basis:

 

a.        Not less than twelve (12) hours per week and not in excess of thirty two (32) hours per week.

 

b.        Part-time employees shall work a minimum of two (2) hours’ pay for each day engaged.

 

c.        Part-time employees shall be paid the minimum rostered hours.

 

d.        All time worked in excess of eight hours per day shall be overtime and paid for at the rate prescribed for other weekly employees.

 

e.        The hours of duty each day shall be worked continuously. Provided that an employee who is required to work longer than four (4) hours shall be granted an unpaid meal break of not less and not more than thirty (30) minutes.

 

f.        Part-time employees shall be paid hourly rates of pay calculated at one-thirty eighth (1/38) of the weekly rate.

 

g.        The provisions of this Consent Award with respect to Annual Leave, Annual Leave Loading, Sick Leave, Long Service Leave, Compassionate Leave, Parental Leave and Holidays shall apply on a pro-rata basis to part-time employees.

 

h.        One month’s notice is to be given to change an employee’s employment from part-time to casual.

 

i.         Part-time employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

7.4.  Weekend Penalty

 

Ordinary hours performed on a Saturday shall be paid at the rate of time and one half, whilst ordinary hours performed on a Sunday shall be paid at the rate of double time.

 

7.5.  Overtime

 

Refer to Clause 1.21

 

7.6.  Apprentices and Junior Employees

 

a.        The apprentice provisions contained in this Consent Award are pursuant to the Apprenticeship and Traineeship Act 2001, Part 2 Division 1 (4).

 

b.        The minimum wages payable to apprentices and probationers shall be the following percentages of the wage prescribed for an adult Propagator and/or Gardener with a certificate under this Consent Award.

 

1st year

55%

2nd year

65%

3rd year

75%

4th year

90%

 

c.        The minimum rate of wages for junior employees shall be the following percentages of a Gardener without a certificate and a General Hand.

 

18 years and under

80%

At 19 years

90%

At 20 years

100%

 

GARDENERS WAGES SCHEDULE

 

Effective from the first full pay period on or after 1st October, 2008

 

Hours of work shall not exceed 38 hours per week excluding meal break

 

Propagator &/or Gardener

Weekly Rate

Part Time

Casual

 

$

$

$

Adult employee with certificate

609.18

16.03

18.43

Adult employee without certificate

594.41

15.64

17.99

Adult employee - general garden hand

570.65

15.02

17.27

 

Apprentices

%

Weekly Rate

 

 

$

1st year

55

335.05

2nd year

65

395.97

3rd year

75

456.88

4th year

90

548.27

 

Junior Rates

%

Weekly Rate

Part Time

Casual

 

 

$

$

$

Gardener without certificate

 

 

 

 

18 years and under

80

475.53

12.51

14.39

At 19 years

90

534.98

14.08

16.19

At 20 years

100

594.41

15.64

17.99

General Garden hand

 

 

 

 

18 years and under

80

456.52

12.01

13.81

At 19 years

90

513.59

13.52

15.55

At 20 years

100

570.65

15.02

17.27

 

Casual Employees - Time plus 15% plus A/L & LSL

 

Part Time employees - Time plus pro rata A/L, LSL & S/L

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

The span of hours for part-time employees shall be:

 

12 hours per week minimum, 32 hours per week maximum and 8 hours per day maximum.

 

Penalty rates: Saturday - Time plus 50%  Sunday - Double time.  Overtime - Time and one half for the first 2 hours and double time thereafter.

 

HAIRDRESSERS

 

Wage rates in this section are based on the Broken Hill Commerce and Industry Consent Award 2001.

 

Definitions

 

a.        Beautician shall mean a person engaged in the work of facial treatment and/or scalp treatment, massage in connection with the foregoing, eyebrow arching and eyebrow tinting.

 

b.        Manicurist shall mean a person solely engaged in manicuring.

 

c.        Salon Assistant shall mean a person engaged as a General Hand who shall be prohibited from trade work other than shampooing and basin work.

 

d.        Electrolygist shall mean a person engaged in the work of electrolysis.

 

8.1.  Hours of Labour

 

a.        As of 1 July 1999 the ordinary hours of work shall not exceed thirty eight (38) per week, excluding meal breaks.   

 

b.        If agreed between employer and employee, the ordinary hours can be averaged over a 12 week period, as per Section 22 (1) - Ordinary Working Hours in the NSW Industrial Relations Act 1996.

 

c.        An employee who works five (5) ordinary hours or more on any day shall be allowed on such day an unpaid meal break of one hour between the hours commencing not earlier than 11.30 am and finishing not later than 3 pm.

 

d.        Hairdresser trading hours under this Consent Award shall be:

 

i          Commencing Time

 

The commencing time of ordinary hours of work by employees shall be 8.00 am Monday to Saturday.

 

ii         Ceasing Time

 

The times for cessation of the ordinary hours of work by employees shall be 9.00 pm Monday to Friday and 6.00 pm Saturday.

 

e.        All employees shall be entitled to at least 12 hours rest break between the cessation of one day’s work and the commencement of the next day’s work.

 

f.        Shift Penalties

 

Notwithstanding any other provision for ordinary hours within this Consent Award, an employee may be engaged to work ordinary hours as set out below as part of their ordinary hours roster, providing they are paid the following additional penalty

 

i          All ordinary hours worked after 6.00 pm Monday to Friday inclusive, 25%.

 

ii         All ordinary hours worked on Saturday, 25%.

 

8.2.  Roster

 

Refer to Clause 1.38

 

Note:  Employees already employed on 27 July 1994, may elect not to work on Saturdays between the hours of 12.30 pm and 6.00 pm or week nights between the hours of 6.00 pm and 9.00 pm as part of their ordinary time rostered hours.

 

All employees employed after 27 July 1994, shall be eligible to be rostered during any ordinary working period.

 

8.3.  Overtime

 

a.        The payment of overtime, i.e. time worked outside the ordinary hours or shift, shall be at time and one half for the first two (2) hours and double time thereafter provided that employees shall attend to any customer who may be in the shop at closing time and shall put away any equipment without payment of overtime for the first ten minutes; should the ten minutes be exceeded the employee shall be paid for the full overtime so worked.

 

b.        By mutual agreement the rate of overtime may be time off in lieu of overtime provided that:

 

i          Time off shall be calculated at the penalty equivalent.

 

ii         The employee is entitled to a fresh choice of overtime payment or time off on each occasion overtime is worked.

 

iii        Time off must be taken within one calendar month of the working of the overtime or it shall be paid out.

 

c.        Each day’s overtime stands alone.

 

8.4.  Apprentices and Junior Employees

 

a.        The apprentice provisions contained in this Consent Award are pursuant to the Apprenticeship and Traineeship Act 2001, Part 2 Division 1 (4).

 

b.        The minimum wages payable to apprentices and probationers doing ladies’ hairdressing and/or men’s hairdressing and wigmaking or board work generally, shall be the following percentages of the wage prescribed for an adult hairdresser under this Consent Award.

 

1st year

40%

2nd year

55%

3rd year

70%

4th year

85%

 

c.        The minimum wages payable to apprentices and probationers and who have completed one year’s pre-apprenticeship course in hairdressing provided by the Department of Technical and Further Education shall be the following percentages of the wage prescribed for an adult hairdresser under this Consent Award.

 

2nd year (first 6 months only)

55%

3rd year

70%

4th year

85%

 

d.        The minimum wages payable to apprentices or probationers doing beauty culture shall be the following percentages of the wage prescribed for a beautician under this Consent Award.

 

1st year

40%

2nd year

55%

3rd year

70%

4th year

85%

 

e.        A Salon Assistant under 21 years of age shall be paid the following percentages of the wage prescribed for a Salon Assistant of 21 years and over.

 

Under 16 years of age

40%

At 16 years of age

50%

At 17 years of age

60%

At 18 years of age

70%

At 19 years of age

80%

At 20 years of age

90%

 

8.5.  Tools of Trade

 

The employer shall supply and maintain the tools of a hairdresser which shall include scissors and combs.

 

8.6.  Casual Employees

 

a.        Casual employees are those who are engaged for irregular short periods for the work of their calling.

 

b.        Casual employees in this section shall be paid at the appropriate weekly rate divided by 38 plus 25% with a minimum payment as for two hour’s work.

 

c.        Casual employees, after twelve (12) months’ service, shall be entitled to annual leave, calculated at five-forty sevenths (5/47) of the gross earnings.

 

d.        Casual employees shall also be granted an annual leave loading of 17.5% of their holiday pay. The loading is payable on annual leave only.

 

e.        Casual employees are entitled to long service leave.

 

f.        Casual employees, who leave the service of any establishment of one employer or is put off before the expiration of twelve months service, shall receive proportionate payment accordingly.

 

g.        Casual employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

8.7.  Permanent Part-Time Employees

 

a.        A part-time employee shall mean an employee who is employed to work regular days and regular hours, but such hours shall not be less than fifteen (15) hours per week, nor more than thirty (30) hours per week.

 

b.        Part-time employees shall be paid hourly rates of pay calculated at one-thirty eighth (1/38) of the weekly rate plus 10%.

 

c.        Notwithstanding anything else contained in this Consent Award, the provisions of this Consent Award with respect to Annual Leave, Annual Leave Loading, Sick Leave, Long Service Leave, Compassionate Leave, Parental Leave and Holidays shall apply to part-time employees on a pro-rata basis for each employee.

 

d.        One month’s notice is to be given to change an employee’s employment from part-time to casual.

 

e.        Part-time employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

8.8.  Weekend Penalty

 

Ordinary hours performed on a Saturday shall be paid at the rate of time plus 25%, whilst ordinary hours performed on a Sunday shall be paid at the rate of double time.

 

Note:  Where this Section is silent on an issue, please refer to the General Clauses.

 

HAIRDRESSERS WAGE SCHEDULE

 

Effective from the first full pay period on or after 1st October 2008

 

Hairdressers

Weekly Rate

Full time/hourly

Part time/hourly

Casual/hourly

 

$

$

time + 10%

time + 25%

 

 

 

$

$

Male/Female Senior

653.69

17.20

18.92

21.50

 

Apprentices

%

Weekly Rate

 

 

$

1st year

40

261.48

2nd year

55

359.53

3rd year

70

457.59

4th year

85

555.64

 

Apprentices with 1 year pre apprenticeship course

%

Weekly Rate

 

 

$

2nd Year (first 6 months only)

55

359.53

3rd year

70

457.59

4th year

85

555.64

 

Salon Assistant

%

Weekly Rate

Full time/hourly

Part time/ hourly

Casual/hourly

 

 

$

$

time + 10%

time + 25%

 

 

 

 

$

$

Senior operator

 

615.00

16.18

17.80

20.23

Juniors

 

 

 

 

 

Under 16 years

40

246.00

6.47

7.12

8.09

At 16 years

50

307.50

8.09

8.90

10.11

At 17 years

60

369.00

9.71

10.68

12.14

At 18 years

70

430.50

11.33

12.46

14.16

At 19 years

80

492.00

12.95

14.25

16.19

At 20 years

90

553.50

14.57

16.03

18.21

 

Beauty Therapist

%

Weekly Rate

Full time/hourly

Part time/ hourly

Casual/hourly

 

 

$

$

time + 10%

time + 25%

 

 

 

 

$

$

Senior operator

 

610.95

16.08

17.69

20.10

Juniors

 

 

 

 

 

At 17 years

40

244.38

6.43

7.07

8.04

At 18 years

55

336.02

8.84

9.72

11.05

At 19 years

70

427.67

11.25

12.38

14.06

At 20 years

85

519.30

13.67

15.04

17.09

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

Penalty Rates - Full time and Part time employees working ordinary hours only.

 

Monday to Friday after 6.00p.m. - Time plus 25%

 

Saturday - time plus 25%

 

All overtime is to be paid at the rate of time and one half for the first 2 hours and double time thereafter.

 

HANDYPERSONS & TOWN LABOURERS

 

Wage rates in this section are based on the Broken Hill Commerce and Industry Consent Award 2001.

 

Definitions

 

a.        A Handyperson is defined as a person employed as such who is regularly required to carry out repairs of a minor nature. Where no appropriate tradesperson is employed, they may be called upon to perform maintenance work.

 

Any person employed as a handyperson is to be paid the adult rate irrespective of age.

 

b.        A Town Labourer is defined as a labourer other than a Builder’s Labourer.

 

9.1.  Hours of Labour

 

a.        As of 1 July 1999 the ordinary hours of work shall not exceed thirty eight (38) per week, excluding meal breaks. The hours shall be worked between the hours of 6.00 am and 6.00 pm, Sunday to Saturday inclusive.

 

b.        The starting and ceasing times shall be fixed by the individual employer to suit the circumstance of the particular business. The starting and ceasing times having been fixed under this clause, no alteration shall be made except by mutual agreement of the parties.

 

c.        The meal time shall be one half hour to be taken between 12.00 noon and 2.00 pm

 

If any employee is not allowed to take his meal break at the appointed time, overtime shall be paid for one half hour and the amount at Item 3 - General Schedule of Allowances, for the meal.

 

d.        If agreeable between employer and employee, the ordinary working hours can be averaged over a 12 week period, as per Section 22 - Ordinary Working Hours in the NSW Industrial Relations Act 1996.

 

9.2.  Casual Employees

 

a.        Casual employees are those who are engaged for irregular short periods for the work of their calling.

 

b.        A casual employee shall be paid a minimum engagement of three (3) hours.

 

c.        Casual employees in this section shall be paid at the rate of time and 15%, Monday to Friday inclusive.

 

d.        Casual employees, after twelve (12) months’ service, shall be entitled to annual leave, calculated at five-forty sevenths (5/47) of the gross earnings.

 

e.        Casual employees shall also be granted an annual leave loading of 17.5% of their holiday pay. The loading is payable on annual leave only.

 

f.        Casual employees are entitled to long service leave.

 

g.        Casual employees, who leave the service of any establishment of one employer or is put off before the expiration of twelve months service, shall receive proportionate payment accordingly.

 

h.        Casual employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

9.3.  Part-Time Employees

 

Adults may be employed as part-time employees in any classification in this section on the following basis:

 

a.        Not less than twelve (12) hours per week and not in excess of thirty two (32) hours per week.

 

b.        Part-time employees shall work a minimum of two (2) hours’ pay for each day engaged.

 

c.        Part-time employees shall be paid the minimum rostered hours.

 

d.        All time worked in excess of seven point six hours per day shall be overtime and paid for at the rate prescribed for other weekly employees.

 

e.        The hours of duty each day shall be worked continuously. Provided that an employee who is required to work longer than four (4) hours shall be granted an unpaid meal break of not less and not more than thirty (30) minutes.

 

f.        Part-time employees shall be paid hourly rates of pay calculated at one-thirty eighth (1/38) of the weekly rate.

 

g.        The provisions of this Consent Award with respect to Annual Leave, Annual Leave Loading, Sick Leave, Long Service Leave, Compassionate Leave, Parental Leave and Holidays shall apply on a pro-rata basis to part-time employees.

 

h.        One month’s notice is to be given to change an employee’s employment from part-time to casual.

 

i.         Part-time employees may be asked to work full-time on a temporary basis to allow coverage for staff absences.

 

9.4.  Weekend Penalty

 

Ordinary hours performed on a Saturday shall be paid at the rate of time and one half, whilst ordinary hours performed on a Sunday shall be paid at the rate of double time.

 

9.5.  Overtime

 

Refer to Clause 1.21

 

HANDYPERSONS & TOWN LABOURERS WAGE SCHEDULE

 

Effective from the first full pay period on or after 1st October 2008.

 

 

Weekly Rate

Part time hourly rate

Casual Hourly Rate

 

 

 

Time + 15%

 

$

$

$

Handyperson

634.97

16.71

19.22

Town Labourer

579.28

15.24

17.53

 

Junior Rates - Town Labourer

%

Weekly Rate

Part time/Hourly

Casual/Hourly

 

 

$

$

$

Under 16 years

60

347.57

9.15

10.52

At 16 years

70

405.50

10.67

12.27

At 17 years

80

463.42

12.20

14.02

At 18 years

100

579.28

15.24

17.53

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

Penalty rates

 

Saturday - Time plus 50%

 

Sunday - double time

 

HOTELS

 

Terms and Conditions of Employment

 

For definitions, terms and conditions of employment under this section, please refer to the Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award (Code AW783479) except for the following Clauses.

 

10.1.  Annual Leave

 

a.        Each employee after twelve months service in any one establishment of one employer shall be granted five (5) weeks holidays on full pay.

 

b.        Employees who leave the service of any establishment or is put off before the expiration of twelve months service shall receive proportionate payment accordingly, and in conformity with the Annual Holiday Act NSW.

 

c.        Holidays may be taken in one or two separate periods, and in the case of two periods being agreed upon, the definite commencing dates for each period shall be agreed upon prior to the commencement of the first period of leave being taken.

 

d.        Part-time employees receive pro-rata Annual Leave entitlements.

 

e.        Where an employer and employee agree the employee may ‘cash in’ the fifth week of their Annual Leave. Payment of the ‘cashed in’ week will be made at the time of taking the bulk of the employee’s Annual Leave.

 

f.        In addition to the leave provided for by subclause (a) of this clause, seven-day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed one week's leave; provided that if during the year of employment an employee has served for only a portion of it as a seven-day shift worker, the additional leave shall be one day for every thirty six (36) ordinary shifts worked as a seven-day shift worker. In this subclause reference to one week and one day shall include holidays and non-working days.

 

10.2.  Long Service Leave

 

Please refer to General Clauses, clause 1.17, Long Service Leave.

 

10.3.  Area, Incidence and Duration

 

Please refer to General Clauses, clause 1.7, Area, Incidence and Duration.

 

HOTELS WAGE SCHEDULE - FULL TIME EMPLOYEES

 

Effective from the first full pay period on or after 1st October 2008

 

Classifications

Weekly

Mon - Fri

Saturday

Sunday

Pub Hols

 

 

/38

*1.25

*1.75

*2.5

 

$

$

$

$

$

Introductory Level

558.27

14.69

18.36

25.71

36.73

Food & Beverage Att Gd 1

 

 

 

 

 

(bar useful)

575.64

15.15

18.94

26.51

37.87

Guest Service Gd 1 (cleaner)

 

 

 

 

 

Kitchen Attendant Gd 1

 

 

 

 

 

Clerical Gr 1

 

 

 

 

 

Cook Gd 1 (breakfast, grill cook)

 

 

 

 

 

Doorperson & Security Officer Gd 1

 

 

 

 

 

Food & Beverage Att Gd 2

 

 

 

 

 

(bar attendant)

601.74

15.84

19.79

27.71

39.59

Front Office Gr 1

 

 

 

 

 

Guest Service Gd 2 (room attendant)

 

 

 

 

 

Kitchen Attendant Gd 2

 

 

 

 

 

Leisure Att Gd 1

 

 

 

 

 

Storeperson Gd 1

 

 

 

 

 

Clerical Gr 2

 

 

 

 

 

Cook Gd 2

 

 

 

 

 

Food & Beverage Att Gd 3

 

 

 

 

 

(TAB, pokies)

 

 

 

 

 

Forklift driver

 

 

 

 

 

Front Office Gr 2

620.78

16.34

20.42

28.59

40.84

Guest Service Gd 3

 

 

 

 

 

Handyperson

 

 

 

 

 

Kitchen Attendant Gd 3

 

 

 

 

 

Leisure Att Gd 2

 

 

 

 

 

Storeperson Gd 2

 

 

 

 

 

Timekeeper & Security Officer Gd 2

 

 

 

 

 

Cook Gd 3

 

 

 

 

 

(commis chef, qualified chef)

 

 

 

 

 

Storeperson Gd 3

 

 

 

 

 

Clerical Gr 3

655.82

17.26

21.57

30.20

43.15

Food & Beverage Att Gd 4

 

 

 

 

 

Front Office Gr 3

 

 

 

 

 

Guest Service Gd

 

 

 

 

 

Leisure Att Gd 3

 

 

 

 

 

Clerical Supervisor

 

 

 

 

 

Cook Gd 4 (demi chef, first cook)

 

 

 

 

 

Guest Service Supervisor

699.19

18.40

23.00

32.20

46.00

Food & Beverage Supervisor

 

 

 

 

 

Front Office Supervisor

 

 

 

 

 

Cook Gd 5 (chef de partie)

718.85

18.92

23.65

33.10

47.29

Persons not otherwise provided for

575.64

15.15

18.94

26.51

37.87

 

Bona Fide Trainee - 80% of the adult weekly rate or the Junior rate for the same Classification of the Traineeship being undertaken.

 

HOTELS WAGE SCHEDULE - PART TIME EMPLOYEES

 

Effective from the first full pay period on or after 1st October 2008

 

Classifications

Mon - Fri

Saturday

Sunday

Pub Hols

 

/38

*1.25

*1.75

*2.5

 

$

$

$

$

Introductory Level

14.69

18.36

25.71

36.73

Food & Beverage Att Gd 1

 

 

 

 

(bar useful)

 

 

 

 

Guest Service Gd 1 (cleaner)

15.15

18.94

26.51

37.87

Kitchen Attendant Gd 1

 

 

 

 

Persons not otherwise provided for

 

 

 

 

Clerical Gr 1

 

 

 

 

Cook Gd 1 (breakfast, grill cook)

 

 

 

 

Doorperson & Security Officer Gd 1 Leisure

 

 

 

 

Att Gd 1

 

 

 

 

Food & Beverage Att Gd 2

15.84

19.79

27.71

39.59

(bar attendant)

 

 

 

 

Front Office Gr 1

 

 

 

 

Guest Service Gd 2 (room attendant)

 

 

 

 

Storeperson Gd 1

 

 

 

 

Kitchen Attendant Gd 2

 

 

 

 

Clerical Gr 2

 

 

 

 

Cook Gd 2

 

 

 

 

Food & Beverage Att Gd 3

 

 

 

 

(TAB, pokies)

 

 

 

 

Forklift driver

16.34

20.42

28.59

40.84

Front Office Gr 2

 

 

 

 

Guest Service Gd 3

 

 

 

 

Handyperson

 

 

 

 

Kitchen Attendant Gd 3

 

 

 

 

Storeperson Gd 2

 

 

 

 

Timekeeper & Security Officer Gd 2 Leisure

 

 

 

 

Att Gd 2

 

 

 

 

Clerical Gr 3

 

 

 

 

Cook Gd 3

 

 

 

 

(commis chef, qualified chef)

 

 

 

 

Food & Beverage Att Gd 4

 

 

 

 

Front Office Gr 3

17.26

21.57

30.20

43.15

Guest Service Gd 4

 

 

 

 

Leisure Att Gd 3

 

 

 

 

Storeperson Gd 3

 

 

 

 

Clerical Supervisor

 

 

 

 

Cook Gd 4 (demi chef, first cook) Guest

 

 

 

 

Service Supervisor

18.40

23.00

32.20

46.00

Front Office Supervisor Food & Beverage

 

 

 

 

Supervisor

 

 

 

 

Cook Gd 5 (chef de partie)

18.92

23.65

33.10

47.29

 

HOTELS WAGE SCHEDULE - CASUAL EMPLOYEES

 

Effective from the first full pay period on or after 1st October 2008

 

Classifications

Base rate

Mon - Fri

Saturday

Sunday

Pub Hols

 

1/38th

*1.25

*1.50

*1.75

*2.75

 

$

$

$

$

$

Introductory Level

14.69

18.36

22.04

25.71

40.40

Food & Beverage Att Gd 1

 

 

 

 

 

(bar useful)

 

 

 

 

 

Guest Service Gd 1 (cleaner)

15.15

18.94

22.72

26.51

41.66

Kitchen Attendant Gd 1

 

 

 

 

 

Persons not otherwise provided for

 

 

 

 

 

Clerical Gr 1

 

 

 

 

 

Cook Gd 1 (breakfast, grill cook)

 

 

 

 

 

Doorperson & Security Officer Gd 1

 

 

 

 

 

Food & Beverage Att Gd 2

 

 

 

 

 

(bar attendant)

15.84

19.79

23.75

27.71

43.55

Front Office Gr 1

 

 

 

 

 

Guest Service Gd 2 (room attendant)

 

 

 

 

 

Kitchen Attendant Gd 2

 

 

 

 

 

Leisure Att Gd 1

 

 

 

 

 

Storeperson Gd 1

 

 

 

 

 

Kitchen Attendant Gd 3

 

 

 

 

 

Food & Beverage Att Gd 3

16.34

20.42

24.50

28.59

44.92

 (TAB, pokies)

 

 

 

 

 

Clerical Gr 2

 

 

 

 

 

Cook Gd 2

 

 

 

 

 

Forklift driver

 

 

 

 

 

Front Office Gr 2