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.
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
|
|
|
|
|
|
Guest Service Gd 3
|
16.34
|
20.42
|
24.50
|
28.59
|
44.92
|
Handyperson
|
|
|
|
|
|
Leisure Att Gd 2
|
|
|
|
|
|
Storeperson Gd 2
|
|
|
|
|
|
Timekeeper & Security Officer Gd 2
|
|
|
|
|
|
Clerical Gr 3
|
|
|
|
|
|
Food & Beverage Att Gd 4
|
|
|
|
|
|
Front Office Gr 3
|
|
|
|
|
|
Guest Service Gd 4
|
17.26
|
21.57
|
25.89
|
30.20
|
47.46
|
Leisure Att Gd 3Cook Gd 3
|
|
|
|
|
|
(commis chef, qualified chef)
|
|
|
|
|
|
Storeperson Gd 3
|
|
|
|
|
|
Clerical Supervisor
|
|
|
|
|
|
Cook Gd 4 (demi chef, first cook) Guest
|
|
|
|
|
|
Service Supervisor
|
18.40
|
23.00
|
27.60
|
32.20
|
50.60
|
Food & Beverage Supervisor
|
|
|
|
|
|
Front Office Supervisor
|
|
|
|
|
|
Cook Gd 5 (chef de partie)
|
18.92
|
23.65
|
28.38
|
33.10
|
52.02
|
APPRENTICE % of
LEVEL 4 ‑ Cook grade 3 is as follows;
Apprentices
|
%
|
Weekly Rate
|
|
|
$
|
1st year
|
55%
|
360.70
|
2nd year
|
65%
|
426.29
|
3rd year
|
80%
|
524.66
|
4th year
|
95%
|
$623.03
|
JUNIOR EMPLOYEES
(other than office juniors)
To be paid the
following percentages of the rates prescribed for the appropriate adult
classification for the work performed for the area in which such junior is
working.
Age
|
%
|
At 17 years of age and under
|
70
|
At 18 years of age
|
80
|
At 19 years of age
|
90
|
At 20 years of age
|
100%
|
Junior employees on reaching the age of 18 may be employed
in the selling of liquor, provided that they are paid the adult rate for the
work being performed.
JUNIOR OFFICE
EMPLOYEES
Age
|
%
|
At 15 years of age and under
|
50
|
At 16 years of age
|
60
|
At 17 years of age
|
70
|
At 18 years of age
|
80
|
At 19 years of age
|
90
|
At 20 years of age
|
1st year adult
service
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Refer to Allowance Schedule for rates.
KINDERGARTEN & CHILD CARE CENTRES
This section has been removed from The Broken Hill Commerce
& Industry Award in 2008
MEAT INDUSTRY (PROCESSING)
Terms and Conditions of Employment
For terms and conditions of employment under this section,
please refer to the Federal Meat Industry (Processing) Award, except for the
following Clauses.
12.1. 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 (i) 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.
12.2. Long Service
Leave
Please refer to General Clauses, clause 1.17, Long Service
Leave.
12.3. Area, Incidence
and Duration
Please refer to General Clauses, clause 1.7, Area, Incidence
and Duration.
MEAT
INDUSTRY (PROCESSING) WAGES SCHEDULE
Effective from the first full pay period on or after
1st October, 2008
Adult employees
|
Weekly Rate
|
Hourly Rate
|
Casual Rate
|
|
|
|
120%
|
|
$
|
$
|
$
|
Level 6
|
655.82
|
17.26
|
20.71
|
Level 5
|
628.16
|
16.53
|
19.84
|
Level 4
|
614.33
|
16.17
|
19.40
|
Level 3
|
602.58
|
15.86
|
19.03
|
Level 2
|
587.18
|
15.45
|
18.54
|
Level 1
|
558.27
|
14.69
|
17.63
|
Junior employees
|
Age
|
%
|
Weekly Rate
|
Hourly Rate
|
|
|
|
$
|
$
|
Level 6
|
Under 17 years
|
50
|
327.91
|
8.63
|
|
17 to under 18 years
|
60
|
393.49
|
10.36
|
|
18 to under 19 years
|
75
|
491.87
|
12.94
|
|
19 to 20 years
|
85
|
557.45
|
14.67
|
Level 5
|
Under 17 years
|
50
|
314.08
|
8.27
|
|
17 to under 18 years
|
60
|
376.90
|
9.92
|
|
18 to under 19 years
|
75
|
471.12
|
12.40
|
|
19 to 20 years
|
85
|
533.94
|
14.05
|
Level 4
|
Under 17 years
|
50
|
307.16
|
8.08
|
|
17 to under 18 years
|
60
|
368.60
|
9.70
|
|
18 to under 19 years
|
75
|
460.75
|
12.12
|
|
19 to 20 years
|
85
|
522.18
|
13.74
|
Level 3
|
Under 17 years
|
50
|
301.29
|
7.93
|
|
17 to under 18 years
|
60
|
361.55
|
9.51
|
|
18 to under 19 years
|
75
|
451.93
|
11.89
|
|
19 to 20 years
|
85
|
512.19
|
13.48
|
Level 2
|
Under 17 years
|
50
|
293.59
|
7.73
|
|
17 to under 18 years
|
60
|
352.31
|
9.27
|
|
18 to under 19 years
|
75
|
440.39
|
11.59
|
|
19 to 20 years
|
85
|
499.11
|
13.13
|
Level 1
|
Under 17 years
|
50
|
279.14
|
7.35
|
|
17 to under 18 years
|
60
|
334.96
|
8.81
|
|
18 to under 19 years
|
75
|
418.70
|
11.02
|
|
19 to 20 years
|
85
|
474.53
|
12.49
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Other Rates & Allowances
|
Amount
|
|
$
|
Leading Hand Allowance
3 to <10 employees
|
9.36
|
Leading Hand Allowance
>10 employees
|
13.99
|
Saturday Work: All overtime worked on a Saturday shall be
paid at the rate of time and a half for the first three hours and double time
thereafter.
Sunday Work: All overtime worked on a Sunday shall be paid
at double time with a minimum payment of four hours.
MOTELS
A property holding a "Hoteliers' Licence" shall,
for the purposes of this Consent Award, be classified as a Hotel and pay in
accordance with the provisions under the Hotels section not the Motels section.
Wage rates in this section are based on negotiations in the
Broken Hill Commerce and Industry Consent Award 2001.
Terms and Conditions of Employment
For terms and conditions of employment under this section,
please refer to the Motels, Accommodation and Resorts (Federal) Award, (Code
AW787952) except for the following Clauses.
13.1. 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.
13.2. Long Service Leave
Please refer to General Clauses, clause 1.17, Long Service
Leave.
13.3. Area, Incidence
and Duration
Please refer to General Clauses, clause 1.7, Area, Incidence
and Duration.
MOTELS
WAGES SCHEDULE
Effective from the first full pay period on or after 1st
October 2008
|
Full Time
|
Part time
|
All Sat
|
All Employees
|
Public
|
|
|
Time 1/38
|
Hr x 1.5
|
Sun
|
Holiday
|
|
|
|
|
Hr x 1.75
|
Hr x 2.5
|
|
$
|
$
|
$
|
$
|
$
|
Introductory Level
|
|
|
|
|
|
Three months period for
|
558.27
|
14.69
|
22.04
|
25.71
|
36.73
|
employees that are inexperienced
|
|
|
|
|
|
LEVEL 1
|
|
|
|
|
|
Hospitality service grade 1
|
575.64
|
15.15
|
22.72
|
26.51
|
37.87
|
LEVEL 2
|
|
|
|
|
|
Hospitality service grade 2
|
|
|
|
|
|
Admin & front office grade 1
|
601.74
|
15.84
|
23.75
|
27.71
|
39.59
|
Leisure attendant grade 1
|
|
|
|
|
|
LEVEL 3
|
|
|
|
|
|
|Hospitality
service grade 3
|
|
|
|
|
|
Admin & front office grade 2
|
620.78
|
16.34
|
24.50
|
28.59
|
40.84
|
Leisure attendant grade 2
|
|
|
|
|
|
LEVEL 4
|
|
|
|
|
|
Hospitality service grade 4
|
|
|
|
|
|
Admin & front office grade 3
|
655.82
|
17.26
|
25.89
|
30.2
|
43.15
|
Leisure attendant grade 3
|
|
|
|
|
|
LEVEL 5
|
|
|
|
|
|
Hospitality service grade 5
|
699.19
|
18.40
|
27.60
|
32.20
|
46.00
|
Admin & front office supervisor
|
|
|
|
|
|
LEVEL 6
|
|
|
|
|
|
Hospitality service grade 6
|
718.85
|
18.92
|
28.38
|
33.10
|
47.29
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
|
Casual
|
Casual
|
Casual
|
All Employees Sun
|
|
Mon Fri
|
Sat
|
Public Holiday
|
Hr x 1.75
|
|
Hr x 1.25
|
Hr x 1.5
|
Hr x 2.75
|
|
|
$
|
$
|
$
|
$
|
Introductory Level
|
|
|
|
|
Three months period for
|
18.36
|
22.04
|
40.40
|
25.71
|
employees that are inexperienced
|
|
|
|
|
LEVEL 1
|
|
|
|
|
Hospitality service grade 1
|
18.94
|
22.72
|
41.66
|
26.51
|
LEVEL 2
|
|
|
|
|
Hospitality service grade 2
|
|
|
|
|
Admin & front office grade 1
|
19.79
|
23.75
|
43.55
|
27.71
|
Leisure attendant grade 1
|
|
|
|
|
LEVEL 3
|
|
|
|
|
|Hospitality
service grade 3
|
|
|
|
|
Admin & front office grade 2
|
20.42
|
24.50
|
44.92
|
28.59
|
Leisure attendant grade 2
|
|
|
|
|
LEVEL 4
|
|
|
|
|
Hospitality service grade 4
|
|
|
|
|
Admin & front office grade 3
|
21.57
|
25.89
|
47.46
|
30.2
|
Leisure attendant grade 3
|
|
|
|
|
LEVEL 5
|
|
|
|
|
Hospitality service grade 5
|
23.00
|
27.60
|
50.60
|
32.20
|
Admin & front office supervisor
|
|
|
|
|
LEVEL 6
|
|
|
|
|
Hospitality service grade 6
|
23.65
|
28.38
|
52.02
|
33.10
|
Apprentice Cooks
|
%
|
Per Week
|
(See level 4)
|
|
$
|
1st year
|
55%
|
360.70
|
2nd year
|
65%
|
426.29
|
3rd year
|
80%
|
524.66
|
4th year
|
95%
|
623.03
|
Junior Employees (other than office juniors)
To be paid the following percentages of the rates prescribed
for the appropriate adult classification for the work performed for the area in
which such junior is working.
17 years and under
|
70%
|
At 18 years
|
80%
|
At 19 years
|
90%
|
At 20 years
|
100%
|
Junior employees on reaching the age of 18 may be employed
in the selling of liquor, provided that they are paid the adult rate for the
work being performed.
Junior office employees
|
%
|
At 15 years of age and under
|
50
|
At 16 years of age
|
60
|
At 17 years of age
|
70
|
At 18 years of age
|
80
|
At 19 years of age
|
90
|
At 20 years of age
|
1st year adult
service
|
Broken Shift Allowance
|
$2.10 for time worked between 2 and 3 hours
|
|
$3.32 for time worked over 3 hours
|
Overtime Meal Allowance
|
$11.60
|
Board & Lodging Deduction
|
$9.11 from employees who don’t reside on the premises and
are supplied
|
|
meals during the employees spread of working hours
|
Fork Lift Driver Allowance
|
$9.61 per week
|
Refer to General Section for other allowances.
NATIONAL TRAINING WAGE
This section has been removed from the Broken Hill Commerce
& Industry Award in 2008.
Please refer to General Section 1.34, Training, Career
Development And Trainees
PLANT OPERATORS & EARTHMOVING
Terms and Conditions of Employment
For terms and conditions of employment under this section,
please refer to the Plant, &., Operators on Construction (State)
Consolidated Award, except for the following Clauses:
In addition to the wage rates prescribed in the Plant,
&c., Operators on Construction (State) Consolidated Award, (Code 534) the
Broken Hill Allowance of $12.40 per week shall be applied.
15.1. Sick Leave
Please refer to General Clauses, clause 1.30, Sick Leave.
15.2. Annual Leave
Please refer to General Clauses, clause 1.3 which reads as
follows:
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 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.
15.3. Long Service
Leave
Please refer to General Clauses, clause 1.17, Long Service
Leave.
15.4. Annual Leave
Loading
Please refer to General Clauses, clause 1.4, Annual Leave
Loading.
15.5. Area, Incidence
and Duration
Please refer to General Clauses, clause 1.7, Area, Incidence
and Duration.
PLANT
OPERATORS & EARTHMOVING WAGE SCHEDULE
Effective from the first full pay period on or after 1st
October 2008
Classification
|
Weekly Rate
|
Part Time Rate
|
Casual Rate
|
|
|
1/38th
|
115%
|
|
$
|
$
|
$
|
Group A
|
628.37
|
16.54
|
19.02
|
Group B
|
646.88
|
17.02
|
19.58
|
Group C
|
665.50
|
17.51
|
20.14
|
Group D
|
673.19
|
17.72
|
20.37
|
Group E
|
682.24
|
17.95
|
20.65
|
Group F
|
687.86
|
18.10
|
20.82
|
Group G
|
697.42
|
18.35
|
21.11
|
Group H
|
708.24
|
18.64
|
21.43
|
Powder Monkey
|
708.24
|
18.64
|
21.43
|
Allowances ‑
Description
|
Amount
|
|
$
|
Leading Hands Allowance - in charge of 2-5 Employees
|
20.85 per week
|
Leading Hands Allowance ‑ in charge of 6-10
Employees
|
29.43 per week
|
Leading Hands Allowance in charge of more than 10
Employees
|
37.53 per week
|
Operator in Charge of Plant
|
15.41 per week
|
Meal Allowance
|
11.48 per meal
|
Each subsequent meal
|
9.38 per meal
|
First-Aid Minimum Qualification Certificate
|
2.27 per day
|
First-Aid Higher Certificate
|
3.57 per day
|
Civil and/or Mechanical projects
|
22.83 per week
|
Waste Disposal Depots
|
1.10 per hour
|
Country Work
|
|
Unbroken week
|
392.31 per week
|
Broken week
|
56.07 per day
|
Living Away from Home Allowance
|
30.01 per day
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Allowances ‑ Description
|
Amount
|
|
$
|
Fares per Day
|
14.87 per week
|
Industry Allowance
|
23.50 per week
|
Travel Pattern Loading Allowance
|
7.54 per week
|
Note1 Industry
allowance and travel pattern loading are paid in addition to the weekly rates
of pay and are both paid for all purposes of the award.
Note2: The
information on page 75 should be read in conjunction with the appropriate
award. Section 15 of the Industrial Relations Act 1996 provides that an award
comes into force on the date specified by the Commission. However, legal
proceedings relating to its enforcement cannot be commenced until 7 days after
publication in the New South Wales Industrial Gazette. The information
contained in the Award Update/Wage Summary is provided for convenience of
reference only. It is not an authorised text. It is not intended to take the
place of the New South Wales Industrial Gazette, nor your independent
inquiries.
RESTAURANTS, FISH SHOPS & CAFES WHERE MEALS ARE SERVED
Wages rates in this section are based on negotiations in the
Broken Hill Commerce and Industry Consent Award 2001.
The Restaurant Employees (State Award) was used as a
guideline for the definitions used in this Consent Award.
16.1 - DEFINITIONS
a. First Cook in
Charge (Qualified Cook) shall mean a cook who has successfully completed and
can produce appropriate documentary evidence to their employer to the effect
that they have successfully completed an apprenticeship in cooking at any
approved or recognised school or college, or has completed an appropriate trade
course at such college.
b. Second and
Subsequent Cooks shall mean an employee who may be required to perform any
working duties including that of relieving the chef on his rostered days off or
when on annual leave.
c. Bar Attendant
shall mean any person employed for more than two hours in any one day or night
in supplying, dispensing or mixing of liquor and service of same to waiting
staff.
d. Waiter/Waitress
shall mean an employee engaged in waiting on tables and performing duties
allied thereto, such as setting up tables, cleaning silver and other table
appointments.
16.2. Hours of Labour
a. As of 1 July
1999 the ordinary hours of work shall not exceed thirty eight hours per week,
excluding half an hour each day for meal time, and shall be worked in five
days.
b. All employees
shall be entitled to two full days off each week.
c. If
agreed 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.
d. An employee who
works five ordinary hours or more shall be allowed on any such day an unpaid
meal break of one hour between the hours commencing not earlier than 11.30am
and finishing not later than 3.00pm. Provided that where agreement between the
employer and employee, a meal break of between 30 minutes and one hour may
apply. The meal break shall be given and taken so that no employee shall work
more than five consecutive hours without a meal
16.3. Overtime
Refer to Clause 1.21
16.4. Penalty Rates
a. All ordinary
time worked on a Saturday, shall be paid for at the rate of time and one half.
b. All ordinary
time worked on a Sunday shall be paid for at the rate of time and three
quarters.
16.5. Casual
Employees
a. Casual employee
are those who are engaged for irregular short periods for the work of their
calling.
b. A casual
employee shall be paid per hour at the rate of 1/38th of the weekly rate
prescribed for the class of work performed, plus the appropriate undermentioned
addition to that rate:
i 25% for work
on Monday to Friday inclusive.
ii 50% for work
on Saturday.
iii 75% for work
on Sunday.
c. Casual
employees shall be paid for a minimum engagement of two hours.
d. Casual
employees, after twelve months service, shall be entitled to annual leave,
calculated at five-forty sevenths 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. 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 are entitled to Long Service Leave.
h. Casual
employees may be asked to work full-time on a temporary basis to allow coverage
for staff absences.
16.6. Part-Time
Employees
Part-time employees may be employed in any classification in
this section of the Consent Award on the basis as follows:
a. Not less than
twenty hours each week and not in excess of thirty hours per week.
b. All time worked
in excess of eight hours per day shall be overtime and paid for at the rate
prescribed for other weekly employees.
c. The hours of
duty each day shall be worked continuously. Provided that an employee who is
required to work longer than four hours shall be granted an unpaid meal break
of not less and not more than thirty minutes.
d. Part-time
employees shall be paid the ordinary appropriate hourly rate prescribed for the
classification in which they are employed plus ten percent.
e. Part-time
employees shall be paid the minimum rostered hours.
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.
16.7. Roster
Refer to Clause 1.38
Note: If a part time
employee is not given at least seven days notice of a change of rostered hours
the employee will be paid an extra ten percent for the whole of the period of
any affected shift(s) except where the change of roster has been requested by
the employee.
16.8. 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. Employees
engaged in the Restaurant Industry in the County required to work on any such
holiday prescribed shall be paid for at the rate of double time and one half
the ordinary rate with a minimum payment of four hours.
d. An employee
whose rostered day or days off coincides with a holiday prescribed in this
Consent Award in Clause 1.27 of the General Clauses shall receive one of the
following:
i an
additional day's pay; or
ii an
additional day added to annual leave; or
iii an
additional day off with pay to be given within 28 days.
e. 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.
f. An employee
absent without leave on the working day before or on the day after such
holiday, shall forfeit wages for the days of absence and for the holiday except
where absence is due to illness of the employee or other reasonable cause.
g. Where two or
more public holidays fall together and an employee absents themselves from work
without reasonable excuse on both the working day before and the working day
after such holiday they will lose the benefits of this clause in respect of all
such holidays, but when they are absent without reasonable excuse on one day
only (before or after such holiday) they shall lose such benefits only in
respect of one public holiday.
16.9.
Broken Shifts
Refer
to Clause 1.9
16.10. 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 apprentice cooks, shall be the following percentages of the
wage prescribed for a First Cook in Charge (Qualified Cook) under this Consent
Award.
1st year 46%
2nd year 54%
3rd year 68%
4th year 80%
c. The minimum
rate of wages for junior employees shall be the undermentioned percentages of
the rates prescribed for the appropriate adult classification for the work
performed for the area in which such junior is working.
Under 18 years of age 62%
At 18 years 68%
At 19 years 78%
At 20 years 88%
c. Junior
employees are to have structured training, internal and/or external,
incorporated into their duties.
RESTAURANTS,
FISH SHOPS & CAFES WHERE MEALS ARE SERVED WAGE SCHEDULE
Effective from the first full pay period on or after 1st
October 2008
Definitions
Part-Time
Employees - Paid at the rate of Time plus 10% plus pro rata A/L, LSL & S/L.
The span of hours for part-time employees shall be 20 hours per week minimum,
30 hours per week maximum and 8 hours per day maximum.
Casual
Employees - Paid at the rate of Time plus 25% plus A/L & LSL. There is a
two hour minimum payment per day.
|
Weekly
|
Full time
|
Saturday
|
Sunday
|
Public
|
|
|
1/38th
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
Time+2.5%
|
|
$
|
$
|
$
|
$
|
$
|
First Cook in Charge with authority to
|
602.68
|
15.86
|
23.79
|
27.76
|
39.65
|
direct other staff
|
|
|
|
|
|
Second Cook
|
588.69
|
15.49
|
23.24
|
27.11
|
38.73
|
Bar Attendant, Waiter/Waitress
|
584.17
|
15.37
|
23.06
|
26.90
|
38.43
|
Pantry/Kitchen/General/Maid/Cleaner
|
582.56
|
15.33
|
23.00
|
26.83
|
38.33
|
Part time Employees
|
Full time
|
Part time
|
Saturday
|
Sunday
|
Public
|
|
Hourly
|
Time+10%
|
Time+50%
|
Time+75%
|
Holidays
|
|
$
|
$
|
$
|
$
|
$
|
First Cook in Charge with authority
|
15.86
|
17.45
|
23.79
|
27.76
|
39.65
|
to direct other staff
|
|
|
|
|
|
Second Cook
|
15.49
|
17.04
|
23.24
|
27.11
|
38.73
|
Bar Attendant, Waiter/Waitress
|
15.37
|
16.91
|
23.06
|
26.90
|
38.43
|
Pantry/Kitchen/General/Maid/
|
15.33
|
16.86
|
23.00
|
26.83
|
38.33
|
Cleaner
|
|
|
|
|
|
Casual Employees
|
Full time
|
Casual
|
Saturday
|
Sunday
|
Public
|
|
Hourly
|
Time+25%
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
Time+2.5%
|
|
$
|
$
|
$
|
$
|
$
|
First Cook in Charge with authority
|
15.86
|
19.83
|
23.79
|
27.76
|
39.65
|
to direct other staff
|
|
|
|
|
|
Second Cook
|
15.49
|
19.36
|
23.24
|
27.11
|
38.73
|
Bar Attendant, Waiter/Waitress
|
15.37
|
19.22
|
23.06
|
26.90
|
38.43
|
Pantry/Kitchen/General/Maid/
|
15.33
|
19.16
|
23.00
|
26.83
|
38.33
|
Cleaner
|
|
|
|
|
|
Apprentice Cooks
|
%
|
Weekly
|
Full time
|
Saturday
|
Sunday
|
Public
|
% of First Cook
|
|
|
1/38
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
|
Time+2.5%
|
|
|
$
|
$
|
$
|
$
|
$
|
1st year
|
46
|
277.23
|
7.30
|
10.94
|
12.77
|
18.24
|
2nd year
|
54
|
325.45
|
8.56
|
12.85
|
14.99
|
21.41
|
3rd year
|
68
|
409.82
|
10.78
|
16.18
|
18.87
|
26.96
|
4th year
|
80
|
482.14
|
12.69
|
19.03
|
22.20
|
31.72
|
Junior Waiter/Waitress
|
%
|
Weekly
|
Full time
|
Saturday
|
Sunday
|
Public
|
% of Waiter/Waitress rate
|
|
|
1/38
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
|
Time+2.5%
|
|
|
$
|
$
|
$
|
$
|
$
|
Under 18 years of age
|
62
|
362.18
|
9.53
|
14.30
|
16.68
|
23.83
|
At 18 years of age
|
68
|
397.23
|
10.45
|
15.68
|
18.29
|
26.13
|
At 19 years of age
|
78
|
455.65
|
11.99
|
17.99
|
20.98
|
29.98
|
At 20 years of age
|
88
|
514.07
|
13.53
|
20.29
|
23.67
|
33.82
|
Part Time Junior
|
%
|
Full time
|
Part time
|
Saturday
|
Sunday
|
Public
|
Waiter/Waitress
|
|
Rate
|
Time+10%
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
|
Time+2.5%
|
|
|
$
|
$
|
$
|
$
|
$
|
Under 18 years of age
|
62
|
9.53
|
10.48
|
14.30
|
16.68
|
23.83
|
At 18 years of age
|
68
|
10.45
|
11.50
|
15.68
|
18.29
|
26.13
|
At 19 years of age
|
78
|
11.99
|
13.19
|
17.99
|
20.98
|
29.98
|
At 20 years of age
|
88
|
13.53
|
14.88
|
20.29
|
23.67
|
33.82
|
Casual Junior
|
%
|
Full time
|
Part time
|
Saturday
|
Sunday
|
Public
|
Waiter/Waitress
|
|
Rate
|
Time+25%
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
|
Time+2.5%
|
|
|
$
|
$
|
$
|
$
|
$
|
Under 18 years of age
|
62
|
9.53
|
11.91
|
14.30
|
16.68
|
23.83
|
At 18 years of age
|
68
|
10.45
|
13.07
|
15.68
|
18.29
|
26.13
|
At 19 years of age
|
78
|
11.99
|
14.99
|
17.99
|
20.98
|
29.98
|
At 20 years of age
|
88
|
13.53
|
16.91
|
20.29
|
23.67
|
33.82
|
Junior Pantry
% of Pantry Maid rate
|
%
|
Weekly
|
Full time
|
Saturday
Time+50%
|
Sunday
Time+75%
|
Public Holidays
Time+2.5%
|
|
|
$
|
$
|
$
|
$
|
$
|
Under 18 years of age
|
62
|
361.18
|
9.50
|
14.26
|
16.63
|
23.76
|
At 18 years of age
|
68
|
396.14
|
10.42
|
15.64
|
18.24
|
26.06
|
At 19 years of age
|
78
|
454.39
|
11.96
|
17.94
|
20.93
|
29.89
|
At 20 years of age
|
88
|
512.65
|
13.49
|
20.24
|
23.61
|
33.73
|
Part time Junior Pantry
|
%
|
Full time
|
Part time
|
Saturday
|
Sunday
|
Public
|
Maid
|
|
Rate
|
Time+10%
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
|
Time+2.5%
|
|
|
$
|
$
|
$
|
$
|
$
|
Under 18 years of age
|
62
|
9.50
|
10.46
|
14.26
|
16.63
|
23.76
|
At 18 years of age
|
68
|
10.42
|
11.47
|
15.64
|
18.24
|
26.06
|
At 19 years of age
|
78
|
11.96
|
13.15
|
17.94
|
20.93
|
29.89
|
At 20 years of age
|
88
|
13.49
|
14.84
|
20.24
|
23.61
|
33.73
|
Casual Junior Pantry
|
%
|
Full time
|
Casual
|
Saturday
|
Sunday
|
Public
|
Maid
|
|
Rate
|
Time+25%
|
Time+50%
|
Time+75%
|
Holidays
|
|
|
|
|
|
|
Time+2.5%
|
|
|
$
|
$
|
$
|
$
|
$
|
Under 18 years of age
|
62
|
9.50
|
11.88
|
14.26
|
16.63
|
23.76
|
At 18 years of age
|
68
|
10.42
|
13.03
|
15.64
|
18.24
|
26.06
|
At 19 years of age
|
78
|
11.96
|
14.95
|
17.94
|
20.93
|
29.89
|
At 20 years of age
|
88
|
13.49
|
16.86
|
20.24
|
23.61
|
33.73
|
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 - Time plus 75%
Public Holidays - Double Time and one half
SECURITY INDUSTRY
Terms and Conditions of Employment
For terms and conditions of employment under this section,
please refer to The Security Industry (State) Award, (Code 218) except for the
following Clauses.
17.1. 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 (i) 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.
17.2. Long Service
Leave
Please refer to General Clauses, clause 1.17, Long Service Leave.
17.3. Area, Incidence
and Duration
Please refer to General Clauses, clause 1.7, Area, Incidence and Duration.
In addition to the wage rates prescribed in the Security
Industry (State) Award, the Broken Hill Allowance of $12.40 per week shall be
applied.
SECURITY
INDUSTRY WAGE SCHEDULE
Effective from the first full pay period on or after
1st October 2008
Adult Employees
|
Weekly
|
Full time
|
Saturday
|
Sunday
|
Public
|
|
Rate
|
Hourly
|
Time+50%
|
Time+100%
|
Holidays
|
|
|
|
|
|
Time+2.5%
|
|
$
|
$
|
$
|
$
|
$
|
Grade 1
|
640.54
|
16.86
|
25.28
|
33.72
|
42.15
|
Grade 2
|
659.57
|
17.36
|
26.04
|
34.72
|
43.40
|
Grade 3
|
671.32
|
17.67
|
26.50
|
35.34
|
44.17
|
Grade 4
|
682.97
|
17.97
|
26.96
|
35.94
|
44.92
|
Grade 5
|
706.06
|
18.58
|
27.87
|
37.16
|
46.45
|
Part time
|
Weekly
|
Part time
|
Saturday
|
Sunday
|
Public
|
|
Rate
|
1/38th
|
Time+50%
|
Time+100%
|
Holidays
|
|
|
|
|
|
Time+2.5%
|
|
$
|
$
|
$
|
$
|
$
|
Grade 1
|
640.54
|
16.86
|
25.28
|
33.72
|
42.15
|
Grade 2
|
659.57
|
17.36
|
26.04
|
34.72
|
43.40
|
Grade 3
|
671.32
|
17.67
|
26.50
|
35.34
|
44.17
|
Grade 4
|
682.97
|
17.97
|
26.96
|
35.94
|
44.92
|
Grade 5
|
706.06
|
18.58
|
27.87
|
37.16
|
46.45
|
Casual
|
Casual
Time+15%
|
Saturday
Time+50%
|
Sunday hourly
Time+100%
|
Casual Public
Holidays
Time+2.5%
|
|
$
|
$
|
$
|
$
|
Grade 1
|
19.39
|
29.08
|
38.78
|
48.47
|
Grade 2
|
19.96
|
29.94
|
39.92
|
49.90
|
Grade 3
|
20.32
|
30.48
|
40.64
|
50.80
|
Grade 4
|
20.66
|
30.99
|
41.32
|
51.65
|
Grade 5
|
21.37
|
32.05
|
42.74
|
53.42
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Saturday
|
150%
|
Sunday
|
200%
|
Nightshift
|
21.7%
|
Permanent Nightshift
|
30%
|
Other Rates & Allowances
|
Rate per week
|
Rate per shift
|
|
$
|
$
|
Leading Hand Allowance
|
|
|
0-5 employees
|
27.75
|
5.55
|
Leading Hand Allowance
|
|
|
6-10 employees
|
31.45
|
6.29
|
Leading Hand Allowance
|
|
|
11-15 employees
|
41.11
|
8.22
|
Leading Hand Allowance
|
|
|
16-20 employees
|
47.48
|
9.50
|
Leading Hand Allowance
|
|
|
Over 20 employees
|
47.48
|
9.50
|
Leading Hand Allowance Each employee exceeding 20, extra
|
0.75
|
0.15
|
Relieving Officer
|
|
26.95
|
Motor Vehicle/Cycle
|
|
27.33
|
Meal Allowance
|
|
8.40
|
SHOP ASSISTANTS ‑ SECTION 1
Wage rates in this section are based on those negotiated in
the Broken Hill Commerce and Industry Consent Award 2001.
18.1. Recognition of
Unions
a. Employers are
free to engage employees through any source.
b. Any union
employee acting in the capacity of relieving manager of a non-unionist manager,
shall be free to act with the same authority as such manager, and may exercise
all necessary authority during the absence of such regular manager.
c. Both relieving
managers and branch managers shall be fully responsible for implementing and
maintaining company policy including the engagement and termination of staff services.
18.2. Hours of Labour
a. The hours of
work per week shall not exceed thirty eight.
b. If agreeable between employer and
employee, the ordinary working hours can be averaged as per Section 22 -
Ordinary Working Hours in the NSW Industrial Relations Act, 1996.
c. An employee who
works five 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 3.00 pm. Provided that where agreement
exists between the employer and employee, a meal break of between 30 minutes
and one hour may apply. The meal break shall be given and taken so that no
employee shall work more than five consecutive hours without a meal.
d. Retail trading
hours under this Consent Award shall be:
i Commencing
Time
The commencing time of ordinary hours of work by
employees shall be 6.00 am Monday to Saturday, with 8.00 am in shops which may
lawfully trade on Sunday.
ii Ceasing Time
The times for the cessation of the ordinary hours of
work by employees shall be 10.00 pm Monday to Friday, 6.00 pm Saturday and 5.00
pm in shops which may lawfully trade on a Sunday.
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 below as part of their ordinary hours roster, providing they are paid
the following additional penalty.
i Monday to
Wednesday (inclusive)
All ordinary hours worked after 6.00 pm Monday to Wednesday
inclusive, 15%.
ii Thursday and
Friday
All ordinary hours worked after 6.00 pm Thursday and
Friday, 25%.
iii Saturday
All ordinary hours worked on Saturday, 25%.
iv Sunday
An employee employed in a shop which may lawfully trade
on a Sunday shall be paid at the rate of Time plus 50% in respect of ordinary
hours of work and Double Time for all other time worked on a Sunday.
18.3. 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 day's 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 an employee.
c. Rostered Days
Off
i All Full-time
and Part-time employees shall be entitled to two consecutive days off in each
two weekly period of work.
ii Exceptions to
(i) above will be:
1 By the implementation of the provisions
of Section 22 - Ordinary Working Hours in the NSW Industrial Relations Act
1996.
2 By separate
agreement between the employer and employee.
18.4. Rest Pause
Each employee, who is rostered for more than two hours per shift,
shall be given a ten minute rest pause, at a time convenient to the employer.
18.5. Overtime
a. The payment of
overtime, i.e. time worked outside the ordinary hours or shift shall be paid at
the rate of 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 a
shop at closing time and shall put away goods displayed during a sale for the
first ten without payment; should the ten minutes be exceeded, time worked beyond
the end of the shift shall be paid for at overtime rates.
b. By mutual
agreement the rate for 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. Each day's
overtime stands alone.
18.6. Employee
Classifications
Branch Manager
Departmental Manager
Head Assistant (Section Head)
Traveller
Window Dresser
Junior Window Dresser
Shop Walker or Floor Supervisor
Senior and Junior Shop Assistants
Deliverer
Ticket Writer
Fork Lift Operator
Checkout Operator
Demonstrator
18.7. Definitions
a. Employee for
the purpose of this section shall include any person in the County of
Yancowinna employed in or in connection with any retail shops or stores other
than retail shops or stores covered by a Specific Award and shall include
persons engaged in manufacturing Millinery, or in Dressmaking, or employees
engaged in the Dry Cleaning Industry as Counter Assistants, Factory Assistants,
Spotters, Pressers or in delivery or picking up of goods.
It shall also apply to persons employed in New Car and
Used Car establishments as car salespersons, parts salespersons and assistants.
It shall also apply to employee itinerant salespersons
selling from door to door any of the goods usually stocked by the above
mentioned shops or stores.
b. A branch
manager is an employee in charge of any shop.
c. A branch
manager with the duty of buying is a branch manager whose duties include the
purchasing of merchandise from a wholesaler or manufacturer for the purpose of sale
by retail and who uses initiative and discrimination in the selection of new
items of merchandise in addition to stock replacements. This classification
excludes any branch manager who only records lines of merchandise to a standard
level.
d. A departmental
manager is an employee controlling other employees and in charge of a
department in a shop with or without the duty of buying and selecting.
e. A head
assistant (section head) is an employee of any age controlling two or more
assistants in a department in which a departmental manager is not actively
engaged.
f. A senior
assistant is an employee who is 21 years of age and over.
g. A shop walker
or floor supervisor is a shop assistant principally engaged in walking the
floor, direction of customers, supervising sales and/or checking bills.
h. A senior window
dresser is a senior employee principally engaged in dressing windows.
i. A junior
window dresser is an employee under the age of 21 years engaged in dressing
windows under the supervision of a senior window dresser.
j. A traveller or
order-person is an employee in or out of any shop collecting or soliciting
orders during the principal part of their time each week.
k. A deliverer is
an employee who delivers goods by motor vehicle.
l. A junior
assistant is an employee who is under 21 years of age.
m. A ticket
writer is an employee principally engaged in writing tickets and/or notices and
advertisements.
n. A checkout
operator is an employee engaged at the checkout for the purpose of recording
the value of goods purchased, whether by machine or otherwise, and accepting
payment, or charging, for the goods purchased by customers.
o. A demonstrator
is an employee who displays goods for sale and in a practical way describes
and/or demonstrates the particular features of the product or products
demonstrated.
18.8. Casual
Employees
a. Employees
engaged for less than one week and shall be paid for actual time worked and at an
hourly rate equal to the appropriate weekly rate divided by 38 plus 30%,
inclusive of Annual Leave, Sick Leave.
b. Casuals are to
be engaged for a minimum of two hours if engage prior to 4.00 pm, and a minimum
of one and one half hours if engaged from 4.00 pm.
18.9. Permanent
Part-Time Employees
Employers shall be entitled to engage staff on a regular
part-time basis as follows:
a. A Part-time
employee shall mean an employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by weekly employees, but such days shall not be less than 2 per week and such
hours shall not be less than 12 per week.
b. Part-time
employees shall be paid hourly rates of pay calculated at 1/38th of the weekly
rate, but with a minimum of 4 hours per shift.
c. Part-time
employees shall be entitled to pro-rata Annual Leave, Sick Leave and Long
Service Leave.
18.10. Christmas
Temporary Staff
Employment of staff during summer vacation (known in Broken
Hill as Christmas School Holidays).
a. Employees
entitled to payment for Christmas holidays shall be:
i All employees
who continue their employment for any period immediately following the
statutory Christmas holidays.
ii All employees
who commence before December 1, and whose employment is terminated on December
24.
iii All employees
who commence on December 1 or up to and including December 10, and whose
employment is terminated prior to December 24, but who are subsequently
re-employed by the same employer at any time prior to January 21, i.e. during
the four weeks following Christmas Day.
b. Employees not
entitled to Christmas holidays shall be:
i Any employee
whose services are terminated on or prior to December 23;
ii Any employee who
commences employment on or after December 11, and terminates such employment on
or before December 24;
iii Any employee
who commences between December 1, and December 24, and whose services are
terminated on or before December 24, and is not subsequently re-employed by the
same employer prior to January 21 in the following year.
18.11. 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 at the rate of double-time and one half of
the ordinary rate.
c. Set Roster - Employee
works same days each week
i Full-time or
Part-time employees who are normally rostered to work on a Public Holiday but
do not volunteer to work must be paid single time for the day.
ii Full-time or
Part-time employees who are not rostered to work on a Public Holiday and work
on that day shall be paid Double Time and one half.
iii Full-time or
Part-time employees who are not rostered to work on a Public Holiday and who do
not work do not receive any benefit at all.
d Rotating Roster - Employee works
varying days each week
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 rostered time.
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. Employees
engaged in the retailing industries in the County required to work on any such
holiday shall be paid at the rate of Double Time and one half the ordinary
rate.
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.
g. Where two or
more public holidays fall together and an employee is absent from work without
reasonable excuse on both the working day before and the working day after such
holiday the employee will lose the benefits of this clause in respect of all
such holidays, but when the employee is absent without reasonable excuse on one
day only (before or after such holiday) such benefits will be lost in respect
of one public holiday.
18.12. Night Fill
The following allowances will be paid to employees in night
fill operations only
Monday to Friday - finishing after 6.00pm
and at or before midnight - 17.5%
- finishing after midnight and at or before
8.00am - 30%
Saturday - finishing after midnight on a
Friday and at or before midnight on a Saturday - 50%
Sunday - finishing after midnight Saturday
and at or before 8.00am on a Sunday - 100%
SHOP ASSISTANTS ‑ SECTION 2
EXEMPTED SHOPS INCLUDING SPECIAL SHOPS
18.2.1. Classified
Shops
a. Employee for
the purpose of this section of the Consent Award shall include any person in
the County of Yancowinna employed in, or in connection with any retail shop or store
which are known in Broken Hill as Exempted Shops, including Special Shops.
b. Special Shops
means and includes audio shops, book shops, video and hire shops, cake and
pastry shops, cooked provision shops, flower shops, garden plant shops,
newsagencies, pet shops, souvenir shops, tobacconists' shops (each as defined
in Schedule 2 to the Shop [Registration and Opening and Closing Hours]
Regulations to the Factories, Shops and Industries Act 1962), small shops (as
defined in Section 76A of the Factories, Shops and Industries Act 1962) and
retail liquor shops.
18.2.2. Application
of Section 1
All clauses in Section 1 of this Consent Award shall apply
to this section with the exception of the following clauses:
18.2.3.
Hours of Labour Or Where the Context Provides Otherwise
18.2.3. Hours of
Labour
a. The ordinary
hours of work per week shall not exceed thirty eight.
b. If agreeable between employer and
employee, the ordinary working 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. Commencing Time
The commencing time of ordinary hours of work by
employees shall be 6.00 am Monday to Sunday inclusive.
d. Ceasing Time
The times for the cessation of the ordinary hours of
work by employees shall be midnight Monday to Sunday inclusive.
e. A time book
shall be kept by the employer and it shall be compulsory for all employees to
state and sign the hours worked each day.
f. Any employee
required to work on any holiday as specified in Clause 1.28 of the general
clauses, shall be paid Double Time and one half the ordinary rate.
g. Shift Penalties
Penalty rates for Full-time and permanent Part-time
employees shall be:
i Saturday
All ordinary time worked on Saturday shall be paid at
the rate of time plus 25%.
ii Sunday
An employee employed in a shop which may lawfully trade
on a Sunday shall be paid at the rate of time plus 50% in respect of ordinary
hours of work.
18.2.4.
Roster
Refer to Clause 1.38
18.2.5. Overtime
Refer to Clause 1.21
18.2.6. Casual
Employees
a. Employees
engage for less than one week and shall be paid for actual time worked and at
an hourly rate equal to the appropriate weekly rate divided by 38 plus 30%,
inclusive of Annual Leave and Sick Leave.
b. Casuals are to
be engaged for a minimum of two (2) hours if engaged prior to 4.00 pm, and a
minimum of one and one half (1x1/2) hours if engaged from 4.00 pm.
16.2.7. Permanent
Part-Time Employees
Employers shall be entitled to engage staff on a regular
part-time basis as follows:
a. A Part-time
employee shall mean an employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by weekly employees, but such days shall not be less than 2 per week and such
hours shall not be less than 12 per week.
b. Part-time
employees shall be paid hourly rates of pay calculated at 1/38th of the weekly
rate, but with a minimum of 4 hours per shift.
c. Part-time
employees shall be entitled to pro-rata Annual Leave, Sick Leave and Long
Service Leave.
18.2.8. 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 at the rate of Double Time and one half the
ordinary rate.
c. Set Roster - Employee
works same days each week
i Full-time or
Part-time employees who are normally rostered to work on a Public Holiday but
do not volunteer to work must be paid single time for the day.
ii Full-time or
Part-time employees who are not rostered to work on a Public Holiday and work
on that day shall be paid Double Time and one half.
iii Full-time or
Part-time employees who are not rostered to work on a Public Holiday and who do
not work do not receive any benefit at all.
d. Rotating Roster -
Employee works varying days each week
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 rostered time.
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. Employees
engaged in the retailing industries in the County required to work on any such
holiday shall be paid at the rate of Double Time and one half the ordinary
rate.
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.
g. Where two or
more public holidays fall together and an employee is absent from work without
reasonable excuse on both the working day before and the working day after such
holiday the employee will lose the benefits of this clause in respect of all
such holidays, but when the employee is absent without reasonable excuse on one
day only (before or after such holiday) such benefits will be lost in respect
of one public holiday.
SHOP ASSISTANTS ‑ SECTION 3
PETROL, OIL RESELLERS AND LUBRITORIUM OPERATORS ONLY
18.3.1. Definitions
Employees for this section shall include any person employed
with any service station as a driveway attendant, general assistant or
lubritorium assistant.
18.3. 2. Application
of Clause 18.1 of Section 1 Shop Assistants
Clause 18.1 in Section 1 of the Shop Assistants' Consent
Award shall apply to this section.
18.3.3. Hours of
Labour
a. The ordinary
hours of work per week shall not exceed thirty eight.
b. Industrial Relations Act
If
agreeable between employer and employee, the ordinary working hours can be
averaged over a 12 week period, as per Section 22(1) - Ordinary Working Hours
in the NSW, 1996.
c. An employee who
works five ordinary hours or more on any day shall be allowed on such day a
meal break of one hour between the hours commencing not earlier than 11.30 am
and finishing not later than 3.00 pm. Provided that where agreement exists
between the employer and the employee a meal break of between 30 minutes and
one hour may apply. The meal break shall be given and taken so that no employee
shall work more than five consecutive hours without a meal.
d.
i Commencing
Time
The commencing time of ordinary hours of work by
employees shall be 6.00 am Monday to Sunday.
ii Ceasing Time
The time for the cessation of the ordinary hours of
work by employees shall be 9.00pm Monday to Sunday.
18.3.4. Shift
Definitions and Penalties
a. Shift
Definitions
i Day Shift - 6.00 am to 7.00 pm
ii Afternoon Shift - Commencing after 12
noon and no later than 6.00 pm.
iii Night Shift - Commencing after 6.00 pm
and no later than 4.00 am.
b. Penalties
i Night Shift - 30%
Afternoon
Shift only - 18%
Alternating
Afternoon and Night Shift - 20%
Alternating
Day and Night Shift - 12.5% Night only
Alternating
Day, Afternoon and Night Shift - 12.5% Afternoon and Night
Alternating
Day and Afternoon Shift - 12.5% Afternoon only
ii Saturday - All ordinary time worked on
Saturday shall be paid at the rate of time plus 25%.
iii Sunday - All ordinary time worked on
Sunday shall be paid at the rate of time plus 50%.
18.3.5. Roster
Refer to Clause 1.38
18.3.6. Overtime
Refer to Clause 1.21
18.3.7. Casual
Employees
a. Employees
engaged for less than one week and shall be paid for actual time worked and at
an hourly rate equal to the appropriate weekly rate divided by 38 plus 30%,
inclusive of Annual Leave and Sick Leave.
b. Casuals are to be
engaged for a minimum of two (2) hours if engaged prior to 4.00 pm, and a
minimum of one and one half (1.5) hours if engaged from 4.00 pm.
18.3.8. Permanent
Part-Time Employees
Employers shall be entitled to engage staff on a regular
part-time basis as follows:
a. A Part-time
employee shall mean an employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by weekly employees, but such days shall not be less than 2 per week and such
hours shall not be less than 12 per week.
b. Part-time
employees shall be paid hourly rates of pay calculated at 1/38th of the weekly
rate, but with a minimum of 4 hours per shift.
d. Part-time
employees shall be entitled to pro-rata Annual Leave, Sick Leave and Long
Service Leave.
18.3.9. 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 of Double Time and one half the ordinary
rate.
c. Set Roster - Employee
works same days each week
i Full-time or
Part-time employees who are normally rostered to work on a Public Holiday but
do not volunteer to work must be paid single time for the day.
ii Full-time or
Part-time employees who are not rostered to work on a Public Holiday and work
on that day shall be paid Double Time and one half.
iii Full-time or
Part-time employees who are not rostered to work on a Public Holiday and who do
not work do not receive any benefit at all.
d. Rotating Roster - Employee
working varying days each week
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 rostered time.
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. Employees
engaged in the retailing industries in the County required to work on any such
holiday shall be paid at the rate of Double Time and one half the ordinary
rate.
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.
g. Where two or
more public holidays fall together and an employee is absent from work without
reasonable excuse on both the working day before and the working day after such
holiday the employee will lose the benefits of this clause in respect of all
such holidays, but when the employee is absent without reasonable excuse on one
day only (before or after such holiday) such benefits will be lost in respect
of one public holiday.
SHOP
ASSISTANTS WAGE SCHEDULE
Effective from the first full pay period on or after
1st October 2008
Shop Assistants
|
|
Full & Part
time only
|
All
|
|
|
Penalty on Ord
hours
|
employees
|
|
|
|
Ord hours
|
|
Years
|
%
|
Full Time
|
P/Time
|
Casual
|
Mon- Wed
|
Thu & Fri
|
Sunday
|
|
|
|
Weekly
|
Hourly
|
Mon
- Sat
|
after 6pm
|
after 6pm
|
Time+50%
|
|
|
|
Rate
|
1/38
|
Time+30%
|
Time+15%
|
Saturday
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
40
|
258.36
|
6.80
|
8.84
|
7.82
|
8.50
|
10.20
|
|
At 16
|
50
|
322.95
|
8.50
|
11.05
|
9.77
|
10.62
|
12.75
|
|
At 17
|
60
|
387.54
|
10.20
|
13.26
|
11.73
|
12.75
|
15.30
|
|
At 18
|
70
|
452.12
|
11.90
|
15.47
|
13.68
|
14.87
|
17.85
|
|
At 19
|
80
|
516.71
|
13.60
|
17.68
|
15.64
|
17.00
|
20.40
|
|
At 20
|
90
|
581.30
|
15.30
|
19.89
|
17.59
|
19.12
|
22.95
|
|
At 21
|
100
|
645.89
|
17.00
|
22.10
|
19.55
|
21.25
|
25.50
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Chemist Shops*
|
|
Full & Part
time only
|
All
|
Tyre Fitters+
|
|
Ordinary hours
|
employees
|
|
|
|
Ord hours
|
|
Years
|
%
|
Full Time
|
P/Time
|
Casual
|
Mon- Wed
|
Thu & Fri
|
Sunday
|
|
|
|
Weekly
|
Hourly 1/38
|
Mon - Sat
|
after 6pm
|
after 6pm
|
Time+50%
|
|
|
|
Rate
|
|
Time+30%
|
Time+15%
|
Saturday
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
40
|
267.36
|
7.04
|
9.15
|
8.09
|
8.79
|
10.55
|
|
At 16
|
50
|
334.20
|
8.79
|
11.43
|
10.11
|
10.99
|
13.19
|
|
At 17
|
60
|
401.04
|
10.55
|
13.72
|
12.14
|
13.19
|
15.83
|
|
At 18
|
70
|
467.89
|
12.31
|
16.01
|
14.16
|
15.39
|
18.47
|
|
At 19
|
80
|
534.73
|
14.07
|
18.29
|
16.18
|
17.59
|
21.11
|
|
At 20
|
90
|
601.57
|
15.83
|
20.58
|
18.21
|
19.79
|
23.75
|
|
At 21
|
100
|
668.41
|
17.59
|
22.87
|
20.23
|
21.99
|
26.38
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* Dispensing under supervision of a Chemist
+ With Certificate of Qualification
|
|
Full & Part
time only
|
All
|
Ticket Writer
|
|
Ordinary hours
|
employees
|
|
|
|
Ord hours
|
Years
|
%
|
Full Time
|
P/Time
|
Casual
|
Mon- Wed
|
Thu & Fri
|
Sunday
|
|
|
Weekly
|
Hourly 1/38
|
Mon - Sat
|
after 6pm
|
after 6pm
|
Time+50%
|
|
|
Rate
|
|
Time+30%
|
Time+15%
|
Saturday
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
40
|
261.02
|
6.87
|
8.93
|
7.90
|
8.59
|
10.30
|
|
At 16
|
50
|
326.27
|
8.59
|
11.16
|
9.87
|
10.73
|
12.88
|
|
At 17
|
60
|
391.53
|
10.30
|
13.39
|
11.85
|
12.88
|
15.46
|
|
At 18
|
70
|
456.78
|
12.02
|
15.63
|
13.82
|
15.03
|
18.03
|
|
At 19
|
80
|
522.04
|
13.74
|
17.86
|
15.80
|
17.17
|
20.61
|
|
At 20
|
90
|
587.29
|
15.46
|
20.09
|
17.77
|
19.32
|
23.18
|
|
At 21
|
100
|
652.55
|
17.17
|
22.32
|
19.75
|
21.47
|
25.76
|
|
|
|
Full & Part
time only
|
All
|
Window Dresser
|
|
Ordinary hours
|
employees
|
|
|
|
Ord hours
|
Years
|
%
|
Full Time
|
P/Time
|
Casual
|
Mon- Wed
|
Thu & Fri
|
Sunday
|
|
|
Weekly
|
Hourly 1/38
|
Mon - Sat
|
after 6pm
|
after 6pm
|
Time+50%
|
|
|
Rate
|
|
Time+30%
|
Time+15%
|
Saturday
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
40
|
261.37
|
6.88
|
8.94
|
7.91
|
8.60
|
10.32
|
|
At 16
|
50
|
326.72
|
8.60
|
11.18
|
9.89
|
10.75
|
12.90
|
|
At 17
|
60
|
392.06
|
10.32
|
13.41
|
11.86
|
12.90
|
15.48
|
|
At 18
|
70
|
457.40
|
12.04
|
15.65
|
13.84
|
15.05
|
18.06
|
|
At 19
|
80
|
522.75
|
13.76
|
17.88
|
15.82
|
17.20
|
20.63
|
|
At 20
|
90
|
588.09
|
15.48
|
20.12
|
17.80
|
19.35
|
23.21
|
|
At 21
|
100
|
653.43
|
17.20
|
22.35
|
19.77
|
21.49
|
25.79
|
|
Departmental Managers
or Branch Manager Supervising
Without duty of buying
|
Full Time
|
Part Time
Hourly 1/38th
|
Casual Saturday
Time+30%
|
Mon-Wed
after 6pm Time+15%
|
Saturday,
Thurs/Fri after 6pm
|
Sunday
Time+50%
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1-4 employees
|
659.74
|
17.36
|
22.57
|
19.97
|
21.70
|
26.04
|
5-12 employees
|
670.55
|
17.65
|
22.94
|
20.29
|
22.06
|
26.47
|
13-25 employees
|
684.09
|
18.00
|
23.40
|
20.70
|
22.50
|
27.00
|
over 25 employees
|
691.50
|
18.20
|
23.66
|
20.93
|
22.75
|
27.30
|
With duty of
|
Full Time
|
Part Time
|
Casual
|
Mon-Wed
|
Saturday,
|
Sunday
|
buying
|
|
Hourly
|
Saturday
|
after 6pm
|
Thurs/Fri
|
Time+50%
|
|
|
1/38th
|
Time+30%
|
Time+15%
|
after 6pm
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1-4 employees
|
661.72
|
17.41
|
22.64
|
20.03
|
21.77
|
26.12
|
5-12 employees
|
673.59
|
17.73
|
23.04
|
20.38
|
22.16
|
26.59
|
13-25 employees
|
687.00
|
18.08
|
23.50
|
20.79
|
22.60
|
27.12
|
over 25 employees
|
695.84
|
18.31
|
23.81
|
21.06
|
22.89
|
27.47
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Allowances:
Section
Head, Shop Walker, Supervisor, Traveller - Extra $11.55 per week
Fork
lift driver and deliverer - extra $11.55 per week
Note: These rates
are applicable to ADULTS only, employed for more than eight hours a week in
these duties.
Penalty Rates:
Full time and Part time employees working ordinary
hours only.
Monday
to Wednesday after 6.00 pm - Time plus 15%
Thursday
& Friday after 6.00pm - Time Plus 25%
Saturday
- Time plus 25%
Sunday
- time plus 50%
SHOP
ASSISTANTS PETROL, OIL RESELLERS & LUBRITORIUM OPERATORS ONLY
WAGE
SCHEDULE
Effective from the first full pay period on or after 1st
October, 2008
Day Shift
|
|
|
All
|
Shop Assistants
|
|
|
employees
|
|
|
|
Ord hours
|
Years
|
%
|
Full Time
|
P/Time
|
Casual Hourly
|
Saturday Hourly
|
Sunday
|
|
|
Weekly Rate
|
Hourly 1/38
|
Mon - Sat
|
Time+25%
|
Hourly
|
|
|
|
|
Time+30%
|
|
Time+50%
|
|
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
40
|
258.36
|
6.80
|
8.84
|
8.50
|
10.20
|
|
At 16
|
50
|
322.95
|
8.50
|
11.05
|
10.62
|
12.75
|
|
At 17
|
60
|
387.54
|
10.20
|
13.26
|
12.75
|
15.30
|
|
At 18
|
70
|
452.12
|
11.90
|
15.47
|
14.87
|
17.85
|
|
At 19
|
80
|
516.71
|
13.60
|
17.68
|
17.00
|
20.40
|
|
At 20
|
90
|
581.30
|
15.30
|
19.89
|
19.12
|
22.95
|
|
At 21
|
100
|
645.89
|
17.00
|
22.10
|
21.25
|
25.50
|
|
|
|
|
|
|
|
|
|
|
Night Shift Only
(30%)
|
|
|
All
|
Shop Assistants
|
|
|
employees
|
|
|
|
Ord hours
|
Years
|
Full Time
|
P/Time
|
Casual Hourly
|
Saturday Hourly
|
Sunday
|
|
Weekly Rate
|
Hourly 1/38
|
Mon - Sat
|
Time+25%
|
Hourly
|
|
|
|
Time+30%
|
|
Time+50%
|
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
335.87
|
8.84
|
11.49
|
11.05
|
13.26
|
|
At 16
|
419.83
|
11.05
|
14.36
|
13.81
|
16.57
|
|
At 17
|
503.80
|
13.26
|
17.24
|
16.57
|
19.89
|
|
At 18
|
587.77
|
15.47
|
20.11
|
19.33
|
23.20
|
|
At 19
|
671.73
|
17.68
|
22.98
|
22.10
|
26.52
|
|
At 20
|
755.70
|
19.89
|
25.85
|
24.86
|
29.83
|
|
At 21
|
839.66
|
22.10
|
28.73
|
27.62
|
33.14
|
|
Afternoon Shift
Only (18%)
Shop Assistants
|
|
|
All employees
Ord hours
|
Years
|
Full Time
Weekly Rate
|
P/Time
Hourly 1/38
|
Casual Hourly
Mon - Sat
Time+30%
|
Saturday Hourly
Time+25%
|
Sunday
Hourly
Time+50%
|
Under 16
|
304.87
|
8.02
|
10.43
|
10.03
|
12.03
|
At 16
|
381.08
|
10.03
|
13.04
|
12.54
|
15.04
|
At 17
|
457.29
|
12.03
|
15.64
|
15.04
|
18.05
|
At 18
|
533.51
|
14.04
|
18.25
|
17.55
|
21.06
|
At 19
|
609.72
|
16.05
|
20.86
|
20.06
|
24.07
|
At 20
|
685.94
|
18.05
|
23.47
|
22.56
|
27.08
|
At 21
|
762.15
|
20.06
|
26.07
|
25.07
|
30.08
|
Alternating
Afternoon & Night Shift (20%)
|
|
|
All
|
Shop Assistants
|
|
|
employees
|
|
|
|
Ord hours
|
Years
|
Full Time
|
P/Time
|
Casual Hourly
|
Saturday Hourly
|
Sunday
|
|
Weekly Rate
|
Hourly 1/38
|
Mon - Sat
|
Time+25%
|
Hourly
|
|
|
|
Time+30%
|
|
Time+50%
|
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
310.03
|
8.16
|
10.61
|
10.20
|
12.24
|
|
At 16
|
387.54
|
10.20
|
13.26
|
12.75
|
15.30
|
|
At 17
|
465.04
|
12.24
|
15.91
|
15.30
|
18.36
|
|
At 18
|
542.55
|
14.28
|
18.56
|
17.85
|
21.42
|
|
At 19
|
620.06
|
16.32
|
21.21
|
20.40
|
24.48
|
|
At 20
|
697.56
|
18.36
|
23.86
|
22.95
|
27.54
|
|
At 21
|
775.07
|
20.40
|
26.52
|
25.50
|
30.59
|
|
Bona Fide Trainee - 80% of the adult weekly rate or the Junior
rate for the same Classification of the Traineeship being undertaken.
Alternating Day
& Night Shift
Alternating Day,
Afternoon & Night Shift
Alternating Day
& Afternoon Shift
|
|
|
All
|
Shop Assistants
|
|
|
employees
|
|
|
|
Ord hours
|
Years
|
Weekly Rate
|
P/Time
|
Casual Hourly
|
Saturday Hourly
|
Sunday
|
|
12.5%
|
Hourly 1/38
|
Mon - Sat
|
Time+25%
|
Hourly
|
|
|
|
Time+30%
|
|
Time+50%
|
|
$
|
$
|
$
|
$
|
$
|
|
Under 16
|
290.65
|
7.65
|
9.94
|
9.56
|
11.47
|
|
At 16
|
363.31
|
9.56
|
12.43
|
11.95
|
14.34
|
|
At 17
|
435.98
|
11.47
|
14.92
|
14.34
|
17.21
|
|
At 18
|
508.64
|
13.39
|
17.40
|
16.73
|
20.08
|
|
At 19
|
581.30
|
15.30
|
19.89
|
19.12
|
22.95
|
|
At 20
|
653.97
|
17.21
|
22.37
|
21.51
|
25.81
|
|
At 21
|
726.63
|
19.12
|
24.86
|
23.90
|
28.68
|
|
Public Holiday
Rate (All Shifts)
|
Part Time
|
Casual Rate
|
Shop Assistants
|
Hourly Rate
|
|
|
$
|
$
|
Under 16
|
17.00
|
19.04
|
At 16
|
21.25
|
23.80
|
At 17
|
25.50
|
28.56
|
At 18
|
29.75
|
33.31
|
At 19
|
33.99
|
38.07
|
At 20
|
38.24
|
42.83
|
At 21
|
42.49
|
47.59
|
Bona Fide Trainee - 80% of the adult weekly rate or the Junior
rate for the same Classification of the Traineeship being undertaken.
TRADES
19.1. Application
The terms and conditions of this section govern the
employment of persons engaged in metals manufacturing, engineering and fabrication
trades and processes, maintenance and repairs of mechanical equipment and
plant, electrical and electronic maintenance and repairs, domestic plumbing and
associated industrial activities in the County of Yancowinna.
19.2. Meal Time
a. Employees shall
be allowed thirty minutes to be taken after four hours work.
b. All time worked
during the meal break by the employee shall be paid for at overtime rates.
c. When working
overtime employees shall not work more than four hours continuously without
being allowed thirty minutes for a meal break at overtime rates.
19.3. Wages
a. Base rates
i Process Worker
(New classification)
As defined in the Metal Industry Award aligning with
the C13 rate will apply. This classification will be used for manufacturing
processes only and the specific functions and skills levels will be as defined.
ii Tradesperson
(Aligned with C10 of the Metal Industry Award MIA)
This rate to apply to tradespersons with base
certificate and will include an element of multiskilling agreed to by the
employee and employer and this will not interfere with the entitlements listed
below
iii Tradesperson
Special Class
(Aligned with C9 of the MIA)
The definition in respect to this rate is:
1 An employee when
working frequently or infrequently on machinery involving complex hydraulics,
pneumatic, electrical and fabricating techniques.
2 Must pass
technical training both certified (72 hours) and/or had in house training or a
degree of competency agreed to by the employer and the employee.
iv Senior
Tradesperson
(Aligned with C8 of the MIA)
Tradesperson is considered competent to organise work
and personnel to the satisfaction of the employer.
v New Employee - Familiarisation Rate
(New classification)
A new employee may be employed for a period of six (6)
weeks. After that period the employer is to pay the normal tradesperson rate.
If however the employer fails to do so, the following
procedure will be implemented:
1 the Union and
the employer will meet to resolve the matter;
2 if there is
still disagreement then an independent Chairman will be obtained and the
decision of that Chairman will be binding on both parties.
b. Fare Allowance
Any employee working outside the workshop and using his
own vehicle shall be paid an amount at Item 11 - General Schedule of
Allowances.
19.4. Apprentices
a. The number of
apprentices to be employed shall not exceed one or two or part of two
journeymen. Any journeyperson working in their own establishment may be counted
as a journeyperson employed in the trade.
b. The term of
apprenticeship shall be four (4) years.
c. The rate of
wages to be paid to apprentices shall be :
Apprentices - % of
Tradesperson rate:
|
1st year
|
42%
|
2nd year
|
55%
|
3rd year
|
75%
|
4th year
|
88%
|
These percentages are to be applied to the tradesperson
rate.
d. Provided that
where an apprentice not having completed his/her apprenticeship on attaining the
age of 21 years, he/she shall not be paid less than the adult minimum wage
rate. Refer to Apprentice Wage Rates in schedule at back of this section.
e. For any
overtime worked by an apprentice he/she shall be paid at overtime rates.
f. A minor may be
engaged on probation for three (3) months only and if apprenticed, such three
(3) months shall count as part of his/her apprenticeship.
g. Each apprentice
shall be indentured and attend the Technical College for daytime instruction in
accordance with the timetable for each particular trade without loss of pay.
Apprentices attending the Technical College or Schools, and presenting reports
of satisfactory conduct, shall be reimbursed for all fees paid by them at the
end of each term.
19.5. Hours
a. Ordinary Hours
The ordinary hours worked shall not exceed thirty eight
hours per week, excluding meal breaks, to be worked Mondays, Tuesdays,
Wednesdays, Thursdays and Fridays, between the hours of:
Day shift
|
7.00am to 5.30pm
|
Afternoon shift
|
3.00pm to 12 midnight
|
Night shift
|
11.00pm to 8.00am
|
b. Afternoon Shift
Allowance
A shift worker whilst on afternoon or night shift shall
be paid for such shift 15% more than the worker's ordinary rate. Where shift work
is required other than on a full working week, starting on a Monday (or other
than the first working day of a week in which the Monday is an official holiday
or stop work day) the shift so worked will be paid for at double time for shift
or shifts so worked.
c. Shift Work
Rostered shift work may be done in ordinary hours over
weekends at the penalty rates.
Seven (7) days notice is to be given with such roster
and a paid meal break included.
19.6. Casual Workers
a. Casual
employees are those who are engaged for irregular short periods of less than
one (1) week for the work of their calling. They are paid the casual rate of
pay and do not qualify for holiday pay, sick pay and other normal benefits including
Saturday morning penalty.
b. Casuals are
paid time and one half of the normal rate.
19.7. Permanent
Part-Time Employment
Provision is made for permanent part-time employees to work
no less than 15 hours per week by agreement between the employer and employee.
Pro-rata conditions of the Consent Award to apply.
a. Time worked in
excess of regular hours to be paid as overtime.
b. Permanent
part-time employees will have first opportunity to fill full-time vacancies
when and as they arise.
19.8. Skills
Development & Multiskilling in the Broken Hill Metals' Industry
The parties to this Consent Award recognise the merit of
providing development for employees engaged in the metals and engineering
industries in Broken Hill leading to this implementation of multi-skilling and
career paths. To this end it is agreed that as far as practicable further
initiatives in this direction developed between the Automotive, Food, Metals
and Engineering Union and the Metal Trades Industry Association, and as reflected
in the Metal Industry Award, will be included in the Metals Section of future
Consent Awards.
19.9. Travelling
Expenses
a. The time
occupied by an employee in travelling to take cars, motor vehicles or parts
away from or to Broken Hill shall be included in the employee's ordinary weekly
wage, but such employee shall not be required to travel outside general working
hours.
b. All fares
(First class railway) and reasonable travelling expenses and out-of-pocket
expenses shall be paid by the employer.
19.10. Miscellaneous
a. The time
occupied by an employee in filling in time book or cards or making other
records shall be treated as time of duty.
b. Suitable
fireproof material and coloured glasses shall be provided by the employer for
any oxyacetylene operation or electric welder.
c. Each employee
shall be provided with goggles and a first aid kit shall be provided and placed
in a suitable position in the workshop.
d. Employees shall
be provided with suitable soap or solution for the purpose of cleaning their
hands.
e. Two (2) pairs
of overalls or work clothes and one (1) pair of boots to be supplied per year.
f. Tool Allowance
is included in the wage for all purposes.
g. The employer
shall provide rubber boots for employees working in water. Employees repairing
chokes in sewerage systems, where the line of pipe has to be dug up, shall be
paid as per the Plumbers and Gas Fitters State Award. When an employee has been
employed cleaning chokes, the employer shall provide a suitable disinfectant
for cleaning.
19.11. Annual Leave
a. All seven (7)
day shift workers, after 11 January, 1966, shall receive six (6) weeks' leave
on full pay each year. Employees who leave the service of any establishment of
one employer or who are put off before the expiration of twelve (12) months
service, shall be paid for proportionate leave for each month served.
b. For the purpose
of this clause seven (7) day shift workers shall mean those who are required to
work regularly on Sundays and Public Holidays.
19.12.
Termination of Services
a. To terminate employment either party
shall be given one (1) weeks' 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 the
employee shall forfeit one week's pay.
In the case of dishonest or misconduct, a summary
dismissal shall apply. On termination of services payment for any monies due
will be made within 48 hours or if the employee is leaving the city, then
payment will be made forthwith.
b. Termination of
services whilst under notice:
The employer shall have the right to summarily dismiss
any employee for dishonest or misconduct whilst under notice. Payment of wages
to be made up to the time of dismissal only.
19.13. Recall to Work
Where an employee is recalled to work after having left the
job at the usual time for ceasing work, and before the usual starting time, the
employee shall be paid for a minimum of four (4) hours at overtime rates.
19.14. Distant Work
Where an employee is required to work outside the municipal
boundary of Broken Hill, the employee shall be paid his/her fare to and from
the job or be conveyed to work and returned to Broken Hill until the job is
completed. If the employee is required by his/her employer to stay out, the
employer must provide suitable board as adjudged by the Union for the employee,
or pay an allowance equivalent to standard accommodation.
19.15. Travelling
Time
All travelling shall be done in the employer's time and
shall be paid for at the ordinary hourly rate of pay.
19.16. Mine Leases
a. Town
Employees working on Perilya mining lease shall receive the town award terms and
conditions plus 4.5%.
b. Town
Employees working on a full time basis contracts on Perilya Mine Lease shall
receive the Perilya rate or wages and all Perilya privileges.
19.17. Height Money
All employees working more than eight (8) metres above the
ground shall be paid as per the Master Builders’ Agreement whilst so employed.
The employer shall also provide safe scaffolding with suitable handrail and
guard rail or other suitable equipment to work from.
19.18. Overtime
With the exception of overtime worked on mining leases or on
work directly related to mining leases all time worked in excess of ordinary
hours shall be paid for at the rate of time and one half for the first two (2)
hours and double time thereafter. All overtime worked on mining leases or on
work directly related to mining leases will be paid at the rate of double time.
Time off may be taken in lieu of overtime payment at the
penalty rate by mutual agreement between the employer and employee.
TRADES WAGE SCHEDULE
Effective from the first full pay period on or after 1st
October 2008
Application
The terms and conditions of this section govern the
employment of persons engaged in metals manufacturing, engineering and
fabrication trades and processes, maintenance and repairs of mechanical
equipment and plant, electrical and electronic maintenance and repairs,
domestic plumbing and associated industrial activities in the County of
Yancowinna.
|
Full Time
|
Part Time Rate
|
Casual Rate
|
|
Rate
|
1/38th
|
x1.5
|
|
$
|
$
|
$
|
Process Worker
|
|
|
|
(Engineering production employee)
|
638.38
|
16.80
|
25.20
|
Basic Tradeperson
|
750.83
|
19.76
|
29.64
|
Engineering Tradeperson
|
|
|
|
(Multiskilled)
|
774.12
|
20.37
|
30.56
|
Engineering Tradeperson
|
|
|
|
(Special Class)
|
807.16
|
21.24
|
31.86
|
Engineering Tradeperson
|
|
|
|
(Senior Tradesperson)
|
843.91
|
22.20
|
33.31
|
Apprentices
|
%
|
Junior
Use Engineering
Tradesperson (Multiskilled)
|
%
|
Adult
Use Process Worker
for first 2 years of Apprenticeship
|
|
|
|
$
|
|
$
|
|
1st year
|
42
|
325.13
|
85
|
542.63
|
|
2nd year
|
55
|
425.76
|
85
|
542.63
|
|
3rd year
|
75
|
580.59
|
|
580.59
|
|
4th year
|
88
|
681.23
|
|
681.23
|
|
|
|
|
|
|
|
|
|
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Note: Process Worker
classification is only to be used in manufacturing and industrial activities
involving unskilled or semi-skilled work. It is not to be used for work
requiring the exercise of trade skills.
Part time employees - must work no less than 15 hours per
week.
Penalty Rates
Saturday - Time plus 50%
Sunday - Double Time
On Call Allowance $89.66 per week
The above rates incorporate the Broken Hill Allowance of
$12.40 as part of the total rate of pay.
TRANSPORT
Terms and Conditions of Employment
For terms and conditions of employment under
this section, please refer to the Transport Industry (State) Consolidated
Award, (Code 677) except for the following Clauses from that Award:
Clause 3. Hours of Employment
The ordinary hours of work for all employees
shall not exceed 38 hours per week or 76 hours per fortnight or 114 hours per 3
weeks or 152 hours per 4 weeks and shall be worked between Monday and Friday
inclusive. The calculation of the hourly rate for penalties, part-time and
casual employees shall be one thirty-eighth (1/38) of the Agreement rate
applicable.
Section II - Long Distance Work
"Long distance work" shall mean
driving work on return trips which are always in excess of 300 road kilometres.
Clause 17.
Annual Leave
Each employee after twelve months service in
any one establishment of one employer shall be granted five (5) weeks holidays on
full pay.
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.
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.
Part-time employees receive pro-rata Annual
Leave entitlements.
Annual Leave Loading
Please refer to General Clauses, clause 1.4,
Annual Leave Loading.
Clause 18.
Long Service Leave
Please refer to General Clauses, clause
1.17, Long Service Leave.
Clause 19.
Sick Leave
Please refer to General Clauses, clause
1.30, Sick Leave.
Clause 48.
Definitions
Union shall mean the Construction, Forestry,
Mining and Energy Union (South Western District - Mining and General).
Clause 49.
Area, Incidence and Duration
Please refer to General Clauses, clause 1.7,
Area, Incidence and Duration.
In addition to the wage rates prescribed in
the Transport Industry (State) Consolidated Award, the Broken Hill Allowance of
$12.40 per week shall be applied.
TRANSPORT WAGE
SCHEDULE
Effective from the first full pay period on or after
1st October 2008
Grade
|
Weekly Rate
|
Part Time Rate
|
Casual Rate
|
|
|
1/38th
|
Time+15%
|
|
$
|
$
|
$
|
Grade 1
|
639.39
|
16.83
|
19.35
|
Grade 2
|
657.18
|
17.29
|
19.89
|
Grade 3
|
669.55
|
17.62
|
20.26
|
Grade 4
|
680.37
|
17.90
|
20.59
|
Grade 5
|
708.14
|
18.63
|
21.43
|
Grade 6
|
715.10
|
18.82
|
21.64
|
Grade 7
|
736.22
|
19.37
|
22.28
|
Grade 8
|
779.38
|
20.51
|
23.59
|
Furniture Removalist Offsider
|
645.94
|
17.00
|
19.55
|
Chauffeur
|
644.70
|
16.96
|
19.51
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Long Distance Work
|
Rates
|
|
cents per km
|
Transport Worker Grade 7 and below
|
32.12
|
Transport Worker Grade 8
|
32.59
|
Allowances
|
Amount
|
HIAB type crane or mechanical device
|
$29.65 per week
|
Furniture for employees engaged in furniture removal
|
$5.39 per day or
part thereof
|
Meal Allowance
|
$10.84 per meal
|
Leading Hand Allowance
|
$32.54 per week
|
TRANSPORT - TOURIST & SERVICE COACH DRIVERS
Terms and Conditions of Employment
For terms and conditions of employment under this section, please
refer to The Transport Industry - Tourist & Service Coach Drivers (State)
Award, (Code 679) except for the following Clauses.
21.1. 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.
21.2. Long Service Leave
Please refer to General Clauses, clause 1.17, Long Service
Leave.
21.3. Area, Incidence
and Duration
Please refer to General Clauses, clause 1.7, Area, Incidence and Duration.
TRANSPORT
‑ TOURIST & SERVICE COACH DRIVERS WAGE SCHEDULE
Effective from the first full pay period on or after 1st
October, 2008
|
Weekly Rate
|
Part Time Hourly
|
Casual Hourly
|
|
|
|
Rate
|
|
|
Rate 1/38th
|
Time+15%
|
|
|
|
5/47th Hols
|
|
$
|
$
|
$
|
Adult Employees
|
649.06
|
17.08
|
21.73
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Other Rates & Allowances
|
|
|
Driver to issue tickets and collect fares
|
$2.97 per day
|
Driver to issue tickets and collect fares
|
Driving Instructor Allowance
|
$6.02 per day
|
Driving Instructor Allowance
|
Meal Allowance
|
$11.14 per meal
|
Meal Allowance
|
WAREHOUSE & CARRIERS, WHOLESALE WINE & SPIRIT MERCHANTS
Wage rates in this section are based on those negotiated in
the Broken Hill Commerce and Industry Consent Award 2001.
Definitions
a. Outdoor
salesmen are persons employed in loading and unloading vehicles with goods and
delivering and selling such goods on their rounds and/or collecting cash.
Outdoor salesmen are paid the driver's rate of pay.
b. All other
persons employed within a store are classified as storemen and are paid the
appropriate rate.
22.1. 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 between 6.00 am and 6.00 pm Monday to
Friday inclusive.
b. The starting
and ceasing times shall be fixed by the individual employer to suit the
circumstances 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 break
shall be one half hour to be taken between 12 noon and 2.00 pm.
If any employee is not allowed to take his meal break
between 12 noon and 2.00 pm, overtime shall be paid for that time and the sum
of $7.41 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.
22.2. 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 four 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 months service, shall be entitled to annual leave,
calculated at five-forty sevenths 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.
22.3. 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 twenty
hours per week and not in excess of thirty two hours per week.
b. Part-time
employees shall be paid a minimum of two 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 hours shall be granted an unpaid meal break
of not less and not more than thirty minutes.
f. Part-time
employees shall be paid hourly rates of pay calculated at 1/38th of the weekly
rate plus ten percent.
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.
22.4. Weekend Penalty
All employees in this section shall be paid at the rate of
time and one half for all ordinary hours worked between 6am and 12 noon
Saturday and double time for all ordinary hours performed between 12 noon
Saturday and midnight Sunday.
22.5. Overtime
Refer to Clause 1.21
22. 6. Junior Employees
a. The minimum
wages payable to juniors shall be the following percentages of a Storeperson.
16 years and under
|
60%
|
At 17 years
|
65%
|
At 18 years
|
75%
|
At 19 years
|
85%
|
At 20 years
|
100%
|
b. Junior employees
are to have structured training, internal and/or external, incorporated into
their duties.
WAREHOUSE
& CARRIERS, WHOLESALE WINE &
SPIRIT MERCHANTS WAGE SCHEDULE
Effective from the first full pay period on or after
1st October, 2008
|
Weekly Rate
|
Part Time
|
Casual
|
Adults
|
|
Hourly Rate
|
Hourly Rate
|
|
|
1/38th +10%
|
115%
|
|
$
|
$
|
$
|
Checker, Assembler, Sorter, Replenisher, Stock Hand
|
|
|
|
Wrapper/ Tier, Indoor Salesperson, Storeperson
|
604.60
|
17.50
|
18.30
|
Head Storeperson 1-4 Employees
|
623.48
|
18.05
|
18.89
|
Head Storeperson 5-12 Employees
|
634.30
|
18.36
|
19.20
|
Juniors
|
%
|
Weekly Rate
|
Part Time Hourly
|
Casual
|
|
|
|
Rate 1/38th
|
Hourly Rate 115%
|
|
|
$
|
$
|
$
|
16 Years and under
|
60
|
362.76
|
10.50
|
10.98
|
At 17 years of age
|
65
|
392.99
|
11.38
|
11.89
|
At 18 years of age
|
75
|
453.45
|
13.13
|
13.72
|
At 19 years of age
|
85
|
513.91
|
14.88
|
15.55
|
At 20 years of age
|
100
|
604.60
|
17.50
|
18.30
|
Bona Fide Trainee - 80% of the adult weekly rate or the
Junior rate for the same Classification of the Traineeship being undertaken.
Drivers: refer to Transport Industry wage schedule
Penalty rates: All employees shall be paid at the rate of time
and one half for all ordinary hours worked between 6am and 12 noon Saturday and
double time for all ordinary hours performed between 12 noon Saturday and
midnight Sunday.
Overtime: Overtime shall be paid at the rate of time and one
half for the first 2 hours and double time thereafter.
P.
J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.