Crown Employees (Trades Assistants) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006281)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Hours -
Day Workers
2. Wages
3. Mixed
Functions
4. Special
Rates
5. Overtime
6. Shiftwork
7. Holidays
and Sunday Work
8. Payment
of Wages
9. Contract
of Employment
10. Distant
Work
11. Special
Conditions
12. Hygiene
and Safety First-Aid Outfit
13. Conveniences
14. Damage to
Clothing or Tools
15. Special
Clothing
16. Excess
Fares and Travelling Time
17. Expense
Related Allowances
18. Exhibition
of Award
19. Dispute
Resolution Procedures
20. Family and
Community Service/Personal Carer’s Leave
20A. Leave for
Matters Arising from Domestic Violence
21. Parental
Leave
21A. Lactation
Breaks
22. Anti-Discrimination
23. Picnic Day
24. General
Leave Conditions and Accident Pay
25. Union
Delegate
26. Deduction
of Union Membership Fees
27. Secure
Employment
28. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Hours - Day Workers
1.1 Except as
provided elsewhere in this Award the ordinary working hours shall be
thirty-eight per week and shall be worked in accordance with the following
provisions for a four-week work cycle.
1.2 The ordinary
working hours shall be worked as a twenty-day four-week cycle Monday to Friday
inclusive with nineteen working days of eight hours each between the hours of
6.00 a.m. and 6.00 p.m. Employees shall be credited with 0.4 of one hour on
each day worked. This time will accrue as an entitlement to take the fourth
Monday in each cycle as a day off with pay.
1.3 By agreement in
writing between the employer and the employee(s) an alternate day may be
substituted for the fourth Monday. All
provisions of the relevant award will apply to the alternate day off.
1.4 Where the
fourth Monday or agreed rostered day off falls on a public holiday, the next
working day shall be taken in lieu of the rostered day off unless an
alternative day in that four-week cycle (or the next four-week cycle) is agreed
in writing between the employer and the employee.
1.5 Each day of
paid, sick or recreation leave taken and any public holidays occurring during
any cycle of four weeks shall be regarded as a day worked for accrual purposes.
1.6 Where an
employee has not worked a complete 4 week cycle, they shall be entitled to
pro-rata accrued entitlements towards a rostered day off for each day (or
fraction thereof) worked or regarded as worked in the cycle. This provision will also apply to their
entitlements on termination of employment.
1.7 In addition to
their accrued entitlements, employees shall be paid at the rates for Saturday
work as provided in Clause 5, Overtime, if required by the employer to work on
an accrued rostered day off. The requirement to work shall apply in
circumstances where it is necessary to enable other workers to be employed
productively, or to carry out maintenance outside ordinary working hours, or
for any other reasons arising from unforeseen delays and/or emergency
circumstances on a project.
1.8 Where an
employee works on their rostered day off in accordance with subclause 1.8, the
employee may elect, where practicable, to have another day off in substitution
before the end of the succeeding work cycle. In such a case the accrued
entitlements are transferred to the substituted day off.
1.9 A paid rest
period of ten minutes shall be provided between 9 a.m. and 11 a.m. or at such
earlier time as may be mutually agreed upon. Employees will be allowed a tea
break during the afternoon period at a time to be arranged by the employer. The
taking of the tea break shall not involve a complete stoppage of work. Where
the majority of employees on a particular site are covered by awards other than
this award, the conditions for the taking of morning and afternoon rest breaks
that apply to the majority shall be observed by mutual agreement.
2. Wages
The ordinary rates of pay for employees under this
award shall be as set out in Table 1 of Part B of this award. These rates will
be adjusted in accordance with variations of the Crown Employees (Public Sector – Salaries 2016) Award or any
replacement award.
3. Mixed Functions
Where an employee is engaged for more than two hours
daily or per shift on temporary assignment, they shall be entitled to an
allowance or rate allowance for the whole of such day or shift. If the
temporary assignment is undertaken for two hours or less during one day,
payment at the higher rate shall apply only to hours worked.
4. Special Rates
In addition to the wages prescribed in clause 2 Wages,
the following special rates and allowances shall be paid to employees, and will
be adjusted in accordance with variations of the Crown Employees (Public Sector - Salaries2016) Award or any
replacement award:
4.1 Cold Places -
Employees working in places where the temperature is reduced by artificial
means to less than 0 degrees Celsius shall be paid the allowance rate specified
in Item 1 of Part B, Table 2. Where such work continues for more than two
hours, employees shall be entitled to twenty minutes rest after every two hours
work without loss of pay.
4.2 Confined Spaces
- Employees required to work in a confined space shall be paid the allowance
rate specified in Item 2 of Part B, Table 2.
Confined space means a place the dimensions or nature of which
necessitate working in a cramped position or without sufficient ventilation.
4.3 Dirty Work -
Work which is considered by both a supervisor and worker to be of a dirty or
offensive nature by comparison with the work normally encountered in the trade
concerned, and for which no other special rates are prescribed, shall be paid
for by the allowance rate specified in Item 3 of Part B, Table 2.
In the case of disagreement between the supervisor and
worker the latter shall be entitled within twelve hours to ask for a decision
on their claim by the employer, industrial officer, manager, superintendent or
engineer. A decision shall be given on
the worker's claim within twenty-four hours of its being asked for (unless the
time expires on a non-working day, in which case it shall be given on the next
working day) or else the said rate shall be paid. In any case where the union
is dissatisfied with the decision of the employer, industrial officer, manager,
superintendent or engineer, it shall have the right to bring such case before
the Industrial Relations Commission of New South Wales.
4.4 Height Money -
Employees working at a height of 7.5 metres from the ground, deck, floor or
water shall be paid the allowance rates specified in Item 4 of Part B, Table
2. Height shall be calculated from where
it is necessary for the employee to place their hands or tools in order to
carry out the work to such ground, deck, floor or water. For the purpose of
this subclause, deck or floor means a substantial structure that, even though
temporary, is sufficient to protect an employee from falling any further
distance. Water level means in tidal
waters mean water level. This subclause
shall not apply to employees working on a suitable scaffold erected in
accordance with the Work Health and
Safety Regulation 2011.
4.5 Hot Places -
Employees working in the shade in places where the temperature is raised by
artificial means to between 46 degrees and 54 degrees Celsius shall be paid the
allowance rate specified in Item 5 of Part B, Table 2. In places where the
temperature exceeds 54 degrees Celsius, such employees shall be paid the
allowance rate specified in Item 5 of Part B, Table 2.
Where work continues for more than two hours in
temperatures exceeding 54 degrees Celsius, employees shall also be entitled to
twenty minutes' rest after every two hours' work, without deduction of
pay. The work supervisor will decide as
to the temperature level, after consultation with the employees who claim the
extra rate.
4.6 Insulation
Material - An employee working in any room or similar area or in any confined
(unventilated) space where pumice or other recognised insulating material of a
like nature is being used in insulating work, shall be paid the allowance rate
specified in Item 6 of Part B, Table 2. If the insulating material is silicate,
they shall be paid an extra hourly amount also set out in Item 6. This
additional allowance shall apply whether the employee is actually handling such
material or not, if the insulating material includes granulated cork. The allowance will not be paid for the
handling of corkboard or materials contained in unbroken packages.
4.7 Smoke-boxes,
etc - Employees working on repairs to smoke-boxes, furnace or flues of boilers
shall be paid an hourly allowance. An employee engaged on repairs to oil fired
boilers, including the casings, uptakes and funnels, or flues and smoke stacks,
shall, while also working inside such boiler, be entitled to a further
allowance. The rates for both allowances
are specified in Item 7 of Part B, Table 2.
4.8 Wet Places -
(i) An employee
working in any place where water is continually dripping on the employee, or
where there is water underfoot so that clothing and boots become wet, shall be
paid the allowance rate specified in Item 8 of Part B, Table 2. This extra rate is not payable where an
employee is provided with suitable and effective protective clothing and/or footwear. An employee who becomes entitled to this
extra rate shall be paid at that rate for any part of the day or shift that
they are required to work in wet clothing or wet boots.
(ii) An employee
who is called upon to work on a raft or open boat, or on a punt or pontoon
having a freeboard of 305 mm or less shall be entitled to the allowance rate
specified in Item 9 of Part B, Table 2.
(iii) An employee
called upon to work knee-deep in mud or water, shall be paid at the rate of the
allowance rate specified in Item 10 of Part B, Table 2. This subclause shall not apply to an employee
who is provided with suitable protective clothing and/or footwear.
4.9 Acid Furnaces,
Stills, etc - A bricklayer required to work on the construction or repairs to
acid furnaces, acid stills, acid towers and all other acid resisting brickwork,
shall be paid the allowance rate specified in Item 11 of Part B, Table 2.
4.10 Towers Allowance
- An employee working on a chimney stack, spire, tower, radio or television
mast or tower, air shaft (other than above ground in a multi-storey building),
cooling tower, water tower or silo over fifteen metres in height shall be paid
the allowance rate specified in Item 12 of Part B, Table 2, for all work above
fifteen metres.
4.11 Depth Money - An
employee working in tunnels, cylinders, caissons, coffer dams and sewer work,
and in underground shafts exceeding 3 metres in depth shall be paid the
allowance rate specified in Item 13 of Part B, Table 2.
4.12 Swing Scaffolds
- The allowance rate specified in Item 14 of Part B, Table 2, for the first
four hours or any portion thereof, and for each hour thereafter on any day
shall be made to any persons employed:
(i) on any type
of swing scaffold or any scaffold suspended by rope or cable, bosun's chair,
etc.
(ii) on a
suspended scaffold requiring the use of steel or iron hooks or angle irons at a
height of 6 metres or more above the nearest horizontal plane.
Solid plasterers when working off a swing scaffold
shall receive an additional hourly payment as set out in Item 14 of Part B, Table
2.
An employee shall not be required to raise or lower a
swing scaffold by themselves.
4.13 Septic Tanks -
If an employee is required to work in a septic tank in operation he/she shall
be paid an additional amount set out in Item 15 of Part B, Table 2 per day or
part of a day.
4.14 Extra Rate Not
Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature, then only the highest of such
rates shall be payable.
4.15 Rates Not
Subject To Penalty Provisions - The special rates herein prescribed shall be
paid irrespective of the times at which the work is performed, and shall not be
subject to any premium or penalty conditions.
4.16 Explosive
Powered Tools - Employees required to use explosive powered tools shall be paid
the allowance rate specified in Item 16 of Part B, Table 2.
4.17 Distant Places -
(i) All employees
working in districts west and north of and excluding:
(a) State Highway
No. 17 from Tocumwal to Gilgandra;
(b) State Highway
No. 11 from Gilgandra to Tamworth;
(c) Trunk Road No.
63 to Yetman and State Highway No. 16 to Boggabilla up to the Western Division
boundary and excluding the municipalities through which the road passes.
shall be paid the allowance rate specified in Item 17
of Part B, Table 2.
(ii) All employees
working the in Western Division of the State shall be paid the allowance rate
specified in Item 17 of Part B, Table 2.
(iii) All employees
working within the area bounded by and inclusive of:
(a) Snowy River from
the New South Wales border to Dalgety, then by road directly from Dalgety to
Berridale;
(b) on the Snowy
Mountain Highway at Adaminaby to Blowering;
(c) from Blowering
southwest to Welaregang and on the Murray River;
(d) in a
south-easterly direction along the New South Wales border to the point of
commencement.
shall be paid the allowance rate specified in Item 17
of Part B, Table 2 extra per day or part thereof.
4.18 Applying
Obnoxious Substances -
(i) An employee
engaged in either the preparation and/or the application of epoxy based
materials or materials of a like nature shall be paid the allowance rate
specified in Item 18 of Part B, Table 2.
(ii) In addition,
employees applying such material in buildings, which are normally
air-conditioned, shall be paid the allowance rate specified in Item 18 of Part
B, Table 2.
(iii) Where there
is an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator.
In addition, protective clothing shall be supplied where recommended by the NSW
Department of Health.
(iv) Employees
working in close proximity to employees so engaged shall be paid the allowance
rate specified in Item 18 of Part B, Table 2.
(v) For the
purpose of this clause, all materials which include or require the addition of
a catalyst hardener and reactive additives or two pack catalyst system shall be
deemed to be materials of a like nature.
4.19 Foundry
Allowance - Employees, whilst employed in a foundry, shall be paid an allowance
as set in item 19 of Part B, Table 2 for each hour worked to compensate for all
disagreeable features associated with foundry work. This includes heat, fumes,
atmospheric conditions, sparks, dampness, confined spaces and noise. The
allowance herein prescribed shall be in lieu of any payment otherwise due under
this clause.
4.20 Asbestos
Eradication -
This subclause shall apply to employees engaged in the
process of asbestos eradication on the performance of work within the scope of
this award.
Asbestos eradication is defined as work on or about
building, involving the removal or any other method of neutralisation of any
materials that consist of, or contain asbestos.
All aspects of asbestos eradication work shall be
conducted in accordance with the Work Health and Safety Regulation 2011
In addition to the rates prescribed in this Award an
employee engaged in asbestos eradication (as defined) shall receive the allowance
rate specified in Item 20 of Part B, Table 2. This is in lieu of special rates
as prescribed in Clause 4 Special Rates, with the exception of subclauses 4.1
cold places; 4.5 hot places; 4.12 swinging scaffolds.
Other Conditions - The conditions of employment rates
and allowances, except so far as they are otherwise specified in this subclause
shall be the conditions of employment, rates and allowances of the award as
varied from time to time.
5. Overtime
5.1 Overtime shall
be payable for all time worked outside the ordinary hours prescribed in Clause
1, Hours - Day Workers, for any one day, including accrued time. The rates of
pay shall be time and a half for the first two hours and double time
thereafter, such double time to continue until the completion of the overtime
work.
Except as provided in this subclause or subclause 5.2
of this clause, in computing overtime each day's work shall stand alone.
5.2 Rest Period
after Overtime: Following completion of
overtime, an employee shall either:
(i) Be released
from resuming ordinary duty for a period of 10 consecutive hours. This number of hours does not include time
spent travelling; or,
(ii) If required
to resume or continue working without having had a break of 10 consecutive
hours, excluding travel, shall be paid at the rate of double time until such a
break is given. This break shall be granted without loss of pay for ordinary
working time occurring during such absence.
(iii) In the case
of shift workers, the provisions of this subclause shall apply as if eight
hours were substituted for ten hours when overtime is worked:
(a) for the purpose
of changing shift rosters; or
(b) where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker; or
(c) where a shift
is worked by arrangement between the employees themselves.
5.3. Call Back -
(i) An employee
recalled to work overtime after leaving the employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four hours' work at the appropriate rate for each time
recalled. In the case of unforeseen
circumstances arising, the employee shall not be required to work the full four
hours if the job he/she was recalled to perform is completed within a shorter
period. This subclause does not apply:
(a) in cases where
it is customary for an employee to return to the employer's premises to perform
a specific job outside their ordinary working hours; or
(b) where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
(ii) Overtime
worked in the circumstances specified in this subclause shall not be regarded
as overtime for the purposes of subclause 5.2 of this clause, where the actual
time worked is less than three hours on such recall or on each of such recalls.
(iii) If an
employee is required to work in excess of four hours, he/she shall be paid a
meal allowance specified in Item 21 of Part B, Table 2 and allowed a crib time
of 20 minutes without deduction of pay at the end of each four hours' work,
provided work is to continue after the said period of four hours.
5.4 Saturday Work -
Five Day Week -
A day worker on a five-day week who is required to work
on a Saturday shall be paid for not less than four hours' work, except where
such overtime is continuous with overtime commenced the previous day. All work
performed in the afternoon shall be paid for at double time rates. Tea Breaks
shall be allowed in accordance with subclause 1.10 of Clause 1, Hours - Day
Workers.
5.5 Standing By -
An employee required to hold themself in readiness to
work after ordinary hours shall, until released, be paid standing-by time at
ordinary rates from the time they are advised of the requirement to stand by.
This is subject to any custom now prevailing under which an employee is
required regularly to hold himself in readiness for a call back.
5.6 Meal Hours -
General -
Except as provided in subclause 5.7, Meal Hours -
Maintenance Employees, Concrete Pours etc., double time rates shall be paid for
work done during meal hours and thereafter until a meal break is allowed. An
employee shall not be compelled to work for more than six hours without a break
for a meal.
5.7 Meal Hours -
Maintenance Employees, Concrete Pours, etc -
(i) Where
breakdowns of plant occur or routine maintenance of plant can only be done
while such plant is idle, an employee employed as a regular maintenance person
shall, whenever instructed to do so, work during meal breaks at the ordinary
rates prescribed herein. This shall be subject to the provisions of subclause
5.6.
(ii) Where, for
special reasons, it is necessary to alter the time of the recognised meal hours
for the purpose of finishing the pouring of concrete, hot mix, etc. or where
work is affected by tides, the employer may alter the lunch break either
forward or backward by one hour.
5.8 Tea Money -
Tea Money - An employee required to work overtime shall
be paid the amount set out in item 21 of Part B, Table 2 for Meal Allowance
after one and a half hours overtime. A
further payment as set out in item 21 of Part B, Table 2 for Meal Allowance
Each Subsequent Meal shall be made after a further two and a half hours
overtime (i.e., after four hours in total) and then for each subsequent period
of four hours overtime. Such payment need not be made to employees living in
the same locality as their place of work who can reasonably return home for
meals.
5.9 Transport of
Employees -
An employer shall provide transport for an employee
where he/she finishes overtime work or a shift not part of their regular roster
at a time when reasonable means of transport are not available. If transport is not provided the employee
shall be paid at their current rate for the time reasonably occupied in
reaching their home. This subclause
shall not apply to an employee who uses their own vehicle to travel to and from
their place of work.
5.10 Compulsory
Overtime -
(i) An employer
may direct any employee to work reasonable overtime at overtime rates provided
it is reasonable for the employee to be required to do so. An employee may refuse to work overtime in circumstances
where the working of such overtime would result in the employee working
unreasonable hours. In determining what
is unreasonable, the following factors shall be taken into account:
(a) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
(b) any risk to
employee’s health and safety,
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the employer regarding the working of the overtime, and by the
employee of their intention to refuse overtime, or
(e) any other
relevant matter.
5.11 Cribs -
(i) An employee
who is required to work overtime for two hours or more after the normal ceasing
time shall be allowed, at the expiration of the said two hours, 30 minutes for
a meal or crib and thereafter a similar time allowance after every four hours
of overtime worked. Time for meals or crib through overtime periods shall be
allowed without loss of pay, provided that overtime work continues after such
break. For the purposes of this
paragraph "normal ceasing time" is at the end of ordinary hours inclusive
of time worked for accrual purposes as prescribed in Clause 1, Hours, Day
Workers and Clause 6, Shiftwork.
(ii) Where
overtime is worked on a Saturday, if work continues after 12 noon, a break for
a meal of 30 minutes shall be allowed between 12 noon and 1 pm without loss of
pay.
5.12 Limitation of
Overtime -
No employee, including a night shift worker, shall work
for more than 16 hours overtime in any week excepting in the case of extreme
urgency such as urgent repairs or delay causing unemployment.
6. Shift Work
6.1 Definitions -
For the purpose of this clause:
"Afternoon Shift" means any shift finishing
after 6 pm and at or before midnight.
"Continuous Work" means work carried on with
consecutive shifts of employees throughout the twenty-four hours of each of at
least six consecutive days without interruption except during breakdowns or
meal breaks or due to unavoidable causes beyond the control of the employer.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8 am.
"Rostered Shift", means a shift of which the
employee concerned has had at least forty-eight hours' notice.
6.2 Hours - General
-
(i)
Employees on shift work shall accrue 0.4 of an hour for
each eight-hour shift worked to allow one complete shift to be taken off as a
paid shift for every 20-shift cycle. This 20th shift shall be paid for at the
appropriate shift rate as prescribed by this clause.
(ii) Paid leave
taken during any cycle of four weeks and public holidays as prescribed by
Clause 7, Holidays and Sunday Work, shall be regarded as shifts worked for
accrual purposes.
(iii) Except as
provided above, employees not working a complete four week cycle shall be paid
accrued pro-rata accrued entitlements for each shift worked on the programmed
shift off, or in the case of termination of employment, on termination.
(iv) The employer
and employees shall agree in writing upon arrangements for rostered paid days
off during the 20 day cycle or for accumulation of accrued days to be taken at
or before the end of the particular contract. This accumulation shall be
limited to no more than 5 days before they are taken as paid days off. When
taken, the days shall be regarded as days worked for accrual purposes in the
particular 20-shift cycle.
(v) Where an
employer, for emergency reasons requires an employee to work on their rostered
day off, the terms and conditions prescribed in subclauses 1.8 and 1.9 of
Clause 1 Hours - Day Workers, shall apply.
6.3 Hours -
Continuous Work Shifts - This subclause shall apply to shift workers on
continuous work -
(i) The ordinary
hours of such shift workers shall not exceed -
(a) eight in any
one day; nor
(b) forty-eight in
any one week; nor
(c) eighty-eight
in fourteen consecutive days; nor
(d) one hundred and
fifty two in twenty-eight consecutive days.
(ii) Subject to
the following conditions such shift workers shall work at such times as the
employer may require:
(a) a shift shall
consist of not more than eight hours, inclusive of crib time;
(b) except at the
regular changeover of shifts an employee shall not be required to work more
than one shift in each twenty-four hours;
(c) twenty minutes
shall be allowed to shift workers each shift for crib which shall be counted as
time worked.
6.4 Hours - Other than
Continuous Work - This subclause shall apply to shift workers not on continuous
work. The ordinary hours of such shift workers shall not exceed -
(i) forty in any
week to be worked in five shifts of eight hours Monday to Friday, inclusive; or
(ii) eighty in
fourteen consecutive days in which case an employee shall not, without payment
for overtime, be required to work more than eight consecutive hours on any
shift or more than six shifts in any week;
(iii) one hundred
and twenty-one consecutive days in which case an employee shall not, without
payment of overtime, be required to work more than eight consecutive hours on
any shift or more than six shifts in any week.
Such ordinary hours shall be worked continuously except
for meal breaks at the discretion of the employer. An employee shall not be
required to work for more than six hours without a break for a meal.
6.5 Rosters - Shift
rosters shall specify the commencing and finishing times of ordinary working
hours of the respective shifts.
6.6 The method of
working shifts may in any case be varied by agreement between the employer and
the accredited representative of the Union to suit the circumstances of the
establishment.
Determined commencing and finishing times of shifts may
be varied by agreement between the employer and the accredited representative
of the Union to suit the circumstances of the establishment. In the absence of
agreement, variation can occur by the employer giving seven days' notice of
alteration to the employee.
6.7 Afternoon or
Night Shift Allowances - Shift workers whilst on afternoon or night shifts
shall be paid 15 per cent more than the ordinary rate for such shifts.
Shift workers who work on any afternoon or night shift
which does not continue for at least five successive afternoons or nights shall
be paid at the rate of time and a half for the first three hours and double
time thereafter.
An employee who:
(i) during a
period of engagement on shifts, works night shift only; or
(ii) remains on
night shift for a longer period than four consecutive weeks; or
(iii) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give the employee at least one-third of their working time off
night shift in each shift cycle;
shall during such engagement, period or cycle be paid
30 per cent more than their ordinary rate for all time worked as ordinary
working hours on such night shifts.
Notwithstanding anything elsewhere contained in this
subclause, employees of the Department of Education who are required to work on
an afternoon shift, as defined, on an intermittent basis of from one to five
evenings in any week shall be paid 15 per cent more than the ordinary rates for
such shift when the shift ceases not later than 9 pm. Where the shift ceases after 9 pm, the
employee shall be paid 20 per cent more than the ordinary rates for such shift.
6.8 Saturdays - The
minimum rate to be paid to any shift worker for work performed between midnight
on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for
and not cumulative upon the shift premiums prescribed in the first and second
paragraphs of subclause 6.7 of this clause.
6.9 Overtime - An
employer may require any employee to work reasonable overtime at overtime rates
and such employee shall work in accordance with such requirement.
6.10 Sundays and
Holidays -
(i) Shift workers
on continuous shifts for work on a rostered shift the major portion of which is
performed on a Sunday shall be paid at the rate of time and three-quarters.
Shift workers on continuous shifts for work on a rostered shift the major
portion of which is performed on a public holiday shall be paid at the rate of
double time and one-half.
(ii) Shift workers
on other than continuous work for all time worked on a Sunday or holiday shall
be paid at the rates prescribed by clause 7, Holidays and Sunday Work. Where
shifts commence between 11 pm and midnight on a Sunday or a holiday, the time
so worked before midnight shall not entitle the employee to the Sunday or
holiday rate. The time worked by an employee on a shift commencing before
midnight on a Saturday or preceding a holiday and extending into a Sunday or
holiday shall be regarded as time worked on such Sunday or holiday.
Where the major portion of a shift falls on a holiday,
that shift shall be regarded as the holiday shift.
7. Holidays and Sunday
Work
7.1 Employees shall
be entitled to the following public holidays without loss of pay: New Year's Day, Australia Day, Good Friday,
Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Anzac Day,
Christmas Day, Boxing Day, and all other gazetted holidays proclaimed to
operate throughout the State.
7.2 Except as
provided in subclause 6.10 Sundays and Holidays of Clause 6, Shift Work, of
this award, an employee not engaged on continuous work shall be paid at the
rate of double time for work done on Sundays, such double time to continue
until relieved from duty, and double time and one half for work done on public
holidays, such double time and one half to continue until relieved from duty.
7.3 An employee not
engaged on continuous work who works on a Sunday or a public holiday and
(except for meal breaks) immediately thereafter continues such work, shall on
being relieved from duty be entitled to be absent until they have had ten
consecutive hours off duty. The 10 hour break shall be without deduction of pay
for ordinary time of duty occurring during such absence.
7.4 An employee,
other than on shift, who attends for work as required on a Sunday or public
holiday shall be paid for not less than four hours' work.
7.5 Where an
employee is absent from his or her employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer, the employee shall not be entitled to payment for such
holiday.
Where public holidays fall on successive days an
employee who works on either the day preceding or succeeding the holiday, but
not on both, shall be entitled to payment for the holiday closest to the said
day. No payment shall be made if the employee has ceased work without
permission on either of the said days.
7.6 Where an
employee, other than a shift worker, is required to work after 12 noon on a
Sunday or holiday, he/she shall be allowed a meal break of 30 minutes between
12 noon and 1 pm for a crib without loss of pay.
7.7 The provisions
of subclause 1.10 of clause 1, Hours - Day Workers, of this award, shall apply
to employees working on Sundays and Holidays.
8. Payment of Wages
8.1 Wages shall be
paid fortnightly. For the purpose of any increase to the wages, the wages shall
be made up on a weekly basis.
8.2 Wages shall be
paid into a bank or other account, except in isolated areas where payment will
be made by cheque.
8.3 The employer
shall not keep more than 3 days pay in hand.
8.4 Upon
termination of employment wages shall be paid according to the usual method no
later than the next working day. Where
an employee is summarily dismissed as provided for in Clause 9, Contract of
Employment, the employer shall provide all monetary entitlements within 48
hours according to the usual method of payment.
9. Contract of
Employment
9.1 Weekly
Employment - Except as otherwise provided, employment shall be by the week.
9.2 Employment
shall be terminated by a week's notice on either side given at any time during
the week or by the payment or forfeiture of a week's wages as the case may
be. This shall not affect the right of
the employer to dismiss any employee without notice for malingering,
inefficiency, neglect of duty or misconduct. In such cases the wages shall be
paid up to the time of dismissal only.
Where an employee has given or been given notice,
employment is continued until the date of the expiration of such notice, except
by agreement between the parties.
An employee who has given or been given notice in line
with this subclause must provide a reasonable explanation for any absences
during the period of notice. Proof of
the reason for such absence must be provided by the employee. If no proof is provided, the employee shall
be deemed to have abandoned their employment, and shall not be entitled to
payment for work done within the period of notice.
9.3 Payment shall
be deducted for any day the employee cannot be usefully employed because of any
strike or through any breakdown in machinery or any stoppage of work that the
employer cannot reasonably be held responsible for. This is not including time lost for wet
weather.
9.4 An employee
(other than an employee who has given or received notice in accordance with
subclause 9.2) not attending for duty shall, except as provided by clause 7,
Holidays and Sunday Work, receive no payment for the actual time of such
non-attendance.
9.5 During the
first week of employment, an employee's services may be terminated by the
giving of one hour's notice on either side.
9.6 Late Comers:
Notwithstanding anything elsewhere contained in this award, employees who
report for duty after their appointed starting time or stop work before their
appointed finishing time may have their wages adjusted by a fraction or decimal
proportion of an hour (not exceeding a quarter of an hour). This subclause does
not apply where an employee has a legitimate reason for coming late or leaving
early and promptly advises the employer of such.
An employer who adopts a proportion for the aforesaid
purposes shall apply the same proportion for the calculation of overtime.
10. Distant Work
10.1 Distant work is
defined as work that requires employees to live away from their usual place of
residence. An applicant for a position
involving distant work shall provide the employer with a statement in writing
of their usual place of residence. If the employee, whilst employed on distant
work changes their usual place of residence one or more times, determination of
whether the work can still be defined as distant work is based on the location
of the new place of residence. The
employee must inform the employer in writing of any change to their usual place
of residence.
This clause will not apply to an employee who, after
four weeks employment is appointed to work as a regular employee at a permanent
workshop, while they are employed at such a workshop.
10.2 An employee who
is engaged on distant work shall be transported, with tools, to and from the
work location once per day at the employer’s expense. If the employee is called back to the work
site after finishing their daily duties, they again shall be transported to and
fro at the employer’s expense for each occurrence.
10.3 Return fares and
travelling time need not be paid to an employee who:
(i) leaves their
employment of their own free will; or
(ii) is discharged
for misconduct
before completion of three months employment or before
the job is completed, whichever occurs first; or is discharged for incompetence
within one week of engagement.
10.4 Time occupied in
travelling to and from distant work shall be paid for at ordinary rates. No employee shall be paid more than an ordinary
day’s wages for any day spent in travelling unless they are on the same day
occupied in working for an employer. An allowance to cover any expenses
incurred in reaching home and for transporting tools is set out in Item 22 of
Part B, Table 2.
10.5 On distant work
reasonable board and lodging shall be provided by the employer or a weekly (7
day) allowance as set out in Item 23 of Part B, Table 2. This allowance shall
not be wages. In the case of broken
parts of the week occurring at the beginning or the end of a period of distant
work, the allowance shall be all living expenses actually and reasonably
incurred but not exceeding the amount as set out in Item 23 of Part B, Table 2.
10.6 Reasonable board
and lodging shall mean lodging in a well-kept establishment with adequate
furnishing, good bedding and floor coverings, good lighting and heating with
hot and cold running water, in either a single room or twin room if a single
room is not available.
10.7 Where an
employee is required to camp either by direction of the employer or because no
reasonable transport facilities are available for the employee to proceed to
and from their home each day, subclauses 10.5 and 10.6 of this clause shall not
apply.
For such employees, the employer shall provide a camp
with accommodation in single cubicles, not less than 14 cubic metres in
size. Each cubicle shall be fitted with
a bed with mattress. Each cubicle shall
have a timber floor covering, be fitted with a door and a moveable window of
reasonable size, with wire screen covering.
The cubicle shall be furnished with a table or suitable substitute, a
seat and a wardrobe. Each cubicle shall be ceiled and lined and artificial
lighting provided. If reasonably required, the employer shall provide a
suitable heating appliance for each cubicle.
Provision shall be made in the camp for suitable
washing facilities; including hot and cold showers, provided that an adequate
water supply is available. Employees
shall also be provided with sufficient facilities to wash their clothes.
Sanitary conveniences shall be adequate, sewered where reasonably practicable
and situated within reasonable distance from the living quarters. The
conveniences shall have adequate access by properly lighted paths. Effluent from kitchen, laundry and showers
should be dispersed in such a way as to avoid any health risk. A veranda shall
be constructed in front of each room, except where corridor-type barracks are
provided.
The employer shall provide an enclosed galley
conforming to the requirements of the General Construction and Maintenance,
Civil and Mechanical Engineering, &c. (State) Award, as varied from time to
time, or by any award replacing the said award.
Where the circumstances so require, the employer may,
as an alternative, provide caravans for employees. The caravans should contain
as far as practicable, amenities at least equal to those specified above.
An employee who is required to camp has an entitlement
to a daily allowance as specified in Item 24 of Part B, Table 2 for each day
they remain in camp. The allowance is not paid for any working day the employee
is absent from duty, except in such cases of sickness or for any reason beyond
the employee’s control.
Leave is reserved to the employers to apply in respect
of the standards of accommodation under this subclause.
10.8 Employees who
wish to return home for the weekends will be paid an allowance at the rate
shown in Item 25 of Part B, Table 2 on each occasion they return home -
provided they:
(i) work as
required during the ordinary working hours, and
(ii) work on the
working day both before and after a weekend, and
(iii) notify the
employer no later than the Tuesday of each week, and
(iv) return home
for the weekend.
Employees in receipt of this allowance will not be
entitled to payment of the camping allowance prescribed in subclause 10.7, for
the day or days on which they are absent.
10.9 This subclause
shall not apply to an employee who is receiving the allowance rate specified in
Item 23 of Part B, Table 2 in lieu of board and lodging being provided by the
employer.
10.10 An employee shall
be deemed to have returned home at the weekend only if this involves him/her in
being absent from their accommodation for not less than half the hours between
ceasing work in the one week and commencing work in the next week.
10.11 The provisions of
this clause shall apply wherever the employee is engaged.
10.12 An employee on
distant work may return home at a weekend after three months' continuous
service and thereafter at three monthly intervals. The employee shall be paid any fares
reasonably incurred in so travelling to their home and to the place of
work. If the work upon which the
employee is engaged will be completed within twenty-eight days after the
expiration of any such period of three months, then the provisions of this
subclause shall not apply.
10.13 The employer shall
obtain and the applicant shall provide the employer with a statement in writing
of their usual place of residence.
10.14 The employee shall
inform the employer in writing, of any subsequent change in their usual place
of residence.
11. Special Conditions
11.1 Employees
engaged installing brine or ammonia pipes or repairs to same who have their
clothing or boots destroyed or damaged shall be reimbursed the amount of damage
sustained.
11.2 All rope and
gear shall be of sound material, used or stored in such a way that it does not
come in contact with sharp edges, acids or acid fumes. At all times the Work Health and Safety Regulation 2011, shall be complied with.
11.3 Employees
working in battery room or like places where acids or caustic soda are stored
or used shall be provided with gloves, overalls and rubber boots. These are to
be periodically disinfected in accordance with the requirements of the
Department of Health for disinfecting clothing, while in use and before being
issued to another person.
11.4 The employer
shall provide a suitable gas mask at the place of work when the employee is
required to work on a live gas service.
11.5 X-ray - an
employee working in an infectious area of a hospital or home shall be X-rayed
at the employer's expense and in the employer's time after each six months or
at the termination of their employment in such hospital or home, whichever is
the sooner.
12. Hygiene and Safety
First-Aid Outfit
12.1 The employer
shall provide and maintain at the place of work an efficient first-aid kit and
appliances in line with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011
12.2 In the event of
any accident happening to any employee whilst at work or going to or from work
where the employee is so seriously injured that they cannot travel by their own
means, the employer shall provide transport facilities free of charge to the
nearest hospital or doctor.
12.3 At a place of
work where fifty or more persons are employed, the employer shall provide a
stretcher and, where practicable, include amongst the employees a qualified
first-aid person. Where an employee is a
qualified first-aid person and is employed to carry out the duties of a
qualified first-aid person, he or she shall be paid an additional rate as set
in Item 26 of Table 2, Part B.
13. Conveniences
13.1 The employer
shall provide on each place of work sanitary conveniences in accordance with
the requirements of the local health authority providing that such conveniences
will at least measure up to the following minimum standard:
(i) they shall be
at least 1.066 metres wide and 1.371 metres long and 2.34 metres high internal
measurement and shall have a hinge door capable of being fastened both inside
and on the outside.
(ii) the walls and
roof and door shall be of weatherproof material and shall be so constructed as
to ensure privacy.
(iii) each
convenience shall be provided with a suitable receptacle for, and an adequate
supply of, deodorising or fly-repellent material, blue oil or kerosene or
phenol. It shall also be provided with a means for disposing of sanitary items.
(iv) a fly-proof
cover and seat shall be provided should sewerage not be accessible or connected
to the toilet or convenience.
The ratio of such accommodation shall be one
convenience to eight employees or part of eight employees.
13.2 The employer
shall provide at the place of work a suitable and secure weatherproof lock-up
solely for the purpose of storing employees' tools. Where tools are stolen because no lock-up has
been provided, the employee shall be compensated to the extent of their loss.
13.3 Where a total of
fifteen tradespeople are working on site, whether employed under this award or
otherwise, and the job has been or will be of two months' duration or longer,
the employer shall provide for employees at the work site weatherproof
accommodation for changing clothes. This
accommodation shall be not less than .84 square metres to each employee.
13.4 At permanent
places of work, the employer shall provide weather and dust proof accommodation
for dressing, and lockers securely fixed with suitable locks, solely for the
use of their employees.
13.5 At meal times
and rest periods, boiling water shall be provided by the employer at a location
that is reasonably accessible for employees.
13.6 The employer
shall provide for employees an adequate supply of cool, clean drinking water.
14. Damage to Clothing
Or Tools
An employee whose clothing is spoiled by acids or
sulphur or other deleterious substance, due to the circumstances of their
employment shall be recompensed by the employer to the extent of their loss.
15. Special Clothing
15.1 Where necessary,
the employer shall provide overalls, boots, goggles, gloves and masks for the
use of employees engaged on the classes of work covered by subclause 4.7 Smoke-boxes,
etc., of clause 4 Special Rates.
15.2 If, in the
course of employment, an employee is required to use muriatic acid they shall
be provided with protective clothing.
15.3 The employer
shall supply to employees rubber gloves when working on any sewerage or
drainage work and protective clothing and goggles when engaged on welding work.
15.4 When working in
cooling or freezing chambers where the temperature is below 4 degrees Celsius,
painters shall be supplied with suitable boots and a clean blanket suit
properly disinfected in accordance with the requirements of the New South Wales
Department of Health.
16. Excess Fares and
Travelling Time
16.1 An employee who
is required by their employer to work at a job away from their accustomed
workshop or depot shall report for work at that job at their usual starting
time. For each day spent on such work,
employees will be entitled to be paid travelling time where the travel time and
fares are in excess of those normally incurred in travelling to their customary
workshop or depot.
16.2 The rate of pay
for travelling time shall be ordinary rates, except on Sundays and holidays
when it shall be time and one-half. The maximum travelling time to be paid for
shall be twelve hours out of every twenty-four.
17. Expense Related
Allowances
The Expense Related Allowances set out in Table 2, of
Part B of this Award (i.e. Meal allowance, Distant work allowances, Camping
allowance and Return home at weekend allowance) shall be adjusted in accordance
with variations to the Crown Employees
(Skilled Trades) Award or any replacement award.
18. Exhibition of
Award
An up to date copy of this award shall be posted and
kept posted by the employer in a prominent place on the employer’s premises
that is accessible to all employees.
19. Dispute Resolution
Procedures
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following:
19.1 Procedure
relating to a 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 to discuss the grievance 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. No party shall be
prejudiced as to the final settlement by the continuation of work in accordance
with this subclause.
(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.
19.2 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.
19.3 While a
procedure is being followed, normal work must continue. No party shall be prejudiced as to the final
settlement by continuation of work in accordance with this subclause.
19.4 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.
19.5 Should the
matter still not be resolved within a reasonable time period, it may be
referred to the Industrial Relations Commission of New South Wales by any of
the parties.
20. Family and
Community Service/Personal Carer’s Leave
20.1 The definition
of "family" and "relative" for the purpose of this clause
is the person who needs the employee’s care and support and is referred to as
the "person concerned" and is:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who in relation to a person, is a person of the opposite sex to 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
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial) parent (including a foster parent or legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) "relative"'
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "household"
means a family group living in the same domestic dwelling.
20.2 Family and
Community Service Leave
(i) The employer
may grant family and community service leave to an employee:
(a) for reasons
related to the family responsibilities of the employee, or
(b) for reasons
related to the performance of community service by the employee, or
(c) in a case of
pressing necessity
Family and Community Service Leave replaces Short
leave.
(ii) The maximum
amount of family and community service leave on full pay that may be granted to
an employee is:
(a) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(b) 1 working day
for each year of service after 2 years continuous service, minus any period of
family and community service leave already taken by the employee, whichever is
the greater period.
(iii) Family and
community service leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
(iv) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete "per
occasion" basis on the death of a person defined in subclause 20.1.
20.3 Use of sick
leave to care for a sick dependant - general -
When family and community service leave, as outlined in
subclause 20.2 is exhausted, the sick leave provisions under subclause 20.4 may
be used by an employee to care for a sick dependant.
20.4 Use of sick
leave to care for a sick dependant - entitlement -
(i) The
entitlement to use sick leave in accordance with this clause is subject to:
(a) the employee
being responsible for the care and support of the person concerned, and
(b) the person
concerned being as defined in subclause 20.1.
(ii) An employee
with responsibilities in relation to a person who needs their care and support
shall be entitled to use sick leave available from that year’s annual sick
leave entitlement minus any sick leave taken from that year’s entitlement to
provide care and support for such persons when they are ill.
(iii) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave, sick leave accrued from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
support.
(iv) In special
circumstances, the employer may make a grant of additional sick leave. This
grant can only be taken from sick leave accrued prior to the period referred to
in subclause 20.4(iii).
(v) If required, a
medical certificate or statutory declaration must be made by the employee to establish
the illness of the person concerned and that the illness is such to require
care by another person.
(vi) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration and has the right to choose which
of the two methods to use in the establishment of grounds for leave.
(vii) Wherever practicable,
the employee shall give the employer prior notice of the intention to take
leave, the name of the person requiring care and that person’s relationship to
the employee. They must also give reasons for taking such leave and the
estimated length of absence. If the
employee is unable to notify the employer beforehand, notification should be
given by telephone at the first opportunity on the day of absence.
(viii) In normal
circumstances, the employee must not take leave under this subclause where another
person has taken leave to care for the same person.
20.5 For Department
of Education employees assigned to work at TAFE premises, the provisions of
TAFE Determination No. 1 of 1997 - Family and Community Service Leave,
Personal/Carer’s Leave and Flexible Use of Other Service Entitlements -
Non-Teaching/Educational Staff shall apply.
20A Leave for Matters
Arising from Domestic Violence
20A.1 Domestic Violence
means domestic violence as defined in the Crimes (Domestic and Personal
Violence) Act 2007;
20A.2 Leave entitlements
provided for in clause 20, Family and Community Service/Personal Carer’s Leave,
may be used by an employee experiencing domestic violence;
20A.3 Where the leave
entitlements referred to in sub clause 20A.2 are exhausted, the employer shall
grant up to five days Special Leave, per calendar year, to be used for absences
from the workplace to attend to matters arising from domestic violence
situations;
20A.4 The employer will
need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer;
20A.5 Personal
information concerning domestic violence will be kept confidential by the
agency;
20A.6 The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
21. Parental Leave
For employees covered by this award, the following
provisions in respect of parental leave shall apply:
21.1 Employees
engaged pursuant to the Government Sector Employment Act 2013, the Government Sector Employment
Regulation 2014 and the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009, or
any replacement award.
21.2 Employees
engaged under Ministerial authority in Government and quasi-Government bodies
shall be regulated by the Uniform Leave Conditions.
21.3 Employees of the
Department of Education assigned to work at TAFE premises, the Department of
Education policies in regard to parental leave.
21A. Lactation Breaks
21A.1 This clause
applies to employees who are lactating mothers.
A lactation break is provided for breastfeeding, expressing milk or
other activity necessary to the act of breastfeeding or expressing milk and is
in addition to any other rest period and meal break as provided for in this
award.
21A.2 A full time
employee or a part time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
21A.3 A part time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
21A.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the staff member.
21A.5 The employer shall
provide access to a suitable, private space with comfortable seating for the
purpose of breastfeeding or expressing milk.
21A.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and staff member will take place to attempt to
identify reasonable alternative arrangements for the staff member’s lactation
needs.
21A.7 Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
21A.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave or access to flexible working hours or make up time in
their workplace, where applicable.
22. Anti-Discrimination
22.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the 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, age and
responsibilities as a carer.
22.2 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.
22.3 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.
22.4 Nothing in this
clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted 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.
22.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
22.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
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."
23. Picnic Day
23.1 The first Monday
in December of each year shall be the Union Picnic Day.
23.2 All employees
shall, as far as practicable, be given and shall take this day as a picnic day
at their ordinary rate of pay including accrual for a rostered day off. Any employee required to work on such day
shall be paid at the rate of double time and one-half, for all time worked on
such day, with a minimum payment for four hours work. An employee who is
required to work on a picnic day and who fails to comply with such requirement
shall not be entitled to payment for the day.
23.3 An employer may
require from an employee evidence of attendance at the picnic. The production of the butt of a picnic ticket
issued for the picnic shall be sufficient evidence of such attendance. Where
the employer requests production of the ticket butt, payment need not be made
unless the evidence is produced.
23.4 Where an
employer holds a regular picnic for employees on some other working day during
the year, then such day may be given and may be taken as a picnic day in lieu
of the picnic day here fixed.
23.5 This clause
shall apply to employees working within the Counties of Cumberland,
Northumberland and Camden and in such other areas where a picnic is actually
held and in respect of which one month's notice is given in writing by the
Union to the employer.
23.6 In Departments
to which the Government Sector Employment
Act 2013 applies, employees may take a day designated by their Department
Head as a public service holiday during the period between Boxing Day and New
Year’s Day in lieu of the Picnic Day prescribed in this clause.
24. General Leave
Conditions and Accident Pay
24.1 General leave
conditions and accident pay of employees engaged by Government departments
under the provisions of the Government
Sector Employment Act -2013 shall be bound by the Government Sector
Employment Regulation 2014. For Department of Education employees assigned to
work at TAFE premises, general leave conditions and accident pay will be
regulated by Department of Education policies on these issues.
24.2 General leave
conditions and accident pay of employees engaged under Ministerial authority in
Government and quasi-government bodies shall be regulated by the Uniform Leave
Conditions.
25. Union Delegate
An employee appointed union delegate in the shop or
department in which he/she is employed shall, upon notification, be recognised
by the employer as an accredited representative of the Union. The union
delegate shall be allowed the necessary time during working hours to interview
the employer or their representative on matters affecting the employees who are
represented by the delegate.
26. Deduction of Union
Membership Fees
26.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
26.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
26.3 Subject to 26.1
and 26.2 above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union’s rules, provided that the employee has authorised the employer to make
such deductions.
26.4 Monies so
deducted from employee’s pay shall be forwarded regularly to the union together
with the necessary information to enable the union to reconcile and credit
subscriptions to employees’ union membership accounts.
26.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
26.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
27. Secure Employment
27.1 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.
27.2 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 27.2(i), upon receiving
notice under paragraph 27.2(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 27.2(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 27.2(iii), discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(ix) Exemption
The abovementioned casual conversion clause will not
apply to persons who:
(a) perform work
for the Public Service Departments as defined in Part 1of the Government
Sector Employment Act 2013; or
(b) have their
conditions of employment regulated by the:
i. Police
Act 1990;
ii. Technical
and Further Education Commission Act 1990;
iii. Casino
Control Act 1992;
iv. Independent
Commission Against Corruption Act 1988.
27.3 Work Health and
Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(a) 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.
(b) 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):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace work health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) 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
(d) 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 27.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace
Injury Management and Workers Compensation Act 1998.
27.4 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.
27.5 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 Services to comply
with the national standards for Group Training Organisations established by the
ANTA Ministerial Council.
28. Area, Incidence
and Duration
28.1 This award shall
apply to all employees of the classes specified in clause 2, Wages, of this
award who are employed in agencies to which Schedule 1 Public Service agencies
of the Government Sector Employment Act
2013 applies, including Department of Education employees assigned to work
at TAFE premises; or engaged under Ministerial authority in Government and
quasi-government bodies. It shall not apply to those persons employed under the
above provisions that are employed in Broken Hill.
28.2 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 2 August 2016.
28.3 Changes made to
this award subsequent to it first being published on 14 March 2008 (365 I.G.
155) have been incorporated into this award as part of the review.
PART B
MONETARY RATES
Table 1 - Wages
Trades Assistants
|
Classification and
Grades
|
1.7.16
|
|
Per week
|
|
2.50%
|
|
$
|
Blacksmith's striker
|
894.40
|
Cold saw operator
|
901.40
|
Driller (stationary machines)
|
894.40
|
Dresser and grinder (portable machines)
|
910.10
|
Dresser, shot blast or sand blast-
|
|
(a) who operates from outside a properly enclosed cabin
|
901.40
|
(b) other
|
940.20
|
Dogman and/or crane chaser
|
910.10
|
Forger's assistant
|
894.40
|
Fork Lift Driver (TAFE)
|
964.10
|
Assistant Furnaceperson
|
901.40
|
General assistant assisting tradespersons or employed in a
metal and/or electrical workshop (TAFE)
|
894.40
|
General assistant, other (TAFE)
|
886.70
|
General assistant/tool storeperson assisting tradespersons
or employed in a metal and or electrical workshop (less than 20 hpw toolstore
duties) (TAFE)
|
910.10
|
General assistant/tool storeperson, other (less than 20hpw
toolstore duties (TAFE)
|
939.70
|
Hammer driver
|
901.40
|
Heat treater operative
|
910.10
|
Machinist second class (Metal Trades)
|
949.40
|
Operator of straight line oxy-acetylene Cutting machine
|
910.10
|
Pipe fitter
|
949.40
|
Rigger and/or splicer (other than construction work)
|
980.40
|
Rigger and/or splicer (construction work)
|
998.70
|
Spray painter (ironwork) and/or brush hand
|
910.10
|
Tool and/or material storeman
|
940.20
|
Tool Storeperson (Classroom only, TAFE)
|
949.40
|
Trades assistant (Metal Trades)
|
894.40
|
Trades assistant (Electrical Trades)
|
918.70
|
Trades assistant
|
901.40
|
Cupola furnaceperson (foundries)
|
949.40
|
Allowances:
|
|
Cold Places per hour
|
0.77
|
Confined Spaces per hour
|
0.97
|
Dirty Work per hour
|
0.77
|
Height Money per hour:
|
|
- At a height of 7.5 m
|
0.77
|
- For every additional 3m
|
0.23
|
Hot Places per hour:
|
|
- 46C-54C
|
0.77
|
- Above 54C
|
0.97
|
Insulation Material per hour:
|
|
- Pumice or other recognised insulator
|
0.77
|
- Silicate
|
0.97
|
Smoke Boxes etc per hour:
|
|
- Working on repairs to smoke boxes, furnaces etc
|
0.50
|
- Working on repairs inside oil-fired boilers
|
1.92
|
Wet Places per hour
|
0.77
|
Working on a boat or punt per day
|
2.99
|
Working knee deep in mud or water per day
|
6.12
|
Acid, furnaces, stills, etc per hour
|
3.94
|
Towers per hour
|
0.77
|
Depth money per hour
|
0.77
|
Swing Scaffolds:
|
|
- First four hours (fixed rate)
|
5.71
|
- Each hour thereafter
|
1.16
|
- Solid plasterers per hour
|
0.23
|
Septic Tanks per day
|
9.19
|
Distant Places per day:
|
|
- Area re paragraph 4.17.1
|
1.51
|
- Area re paragraph 4.17.2
|
2.45
|
- Area re paragraph 4.17.3
|
2.45
|
Epoxy Materials per hour
|
0.97
|
- Applying to air-conditioned buildings per hour
|
0.67
|
- Employees in close proximity per hour
|
0.77
|
Foundry per hour
|
0.57
|
Asbestos Eradication per hour
|
2.58
|
First Aid per day
|
3.38
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
As at 1/7/15
|
|
|
Allowance
|
|
1
|
4.1
|
Cold places
|
0.75 per hour
|
2
|
4.2
|
Confined spaces
|
0.95 per hour
|
3
|
4.3
|
Dirty work
|
0.75 per hour
|
4
|
4.4
|
Height money
|
|
|
|
at a height of 7.5 metres
|
0.75 per hour
|
|
|
for every additional 3 metres
|
0.22 per hour?
|
5
|
4.5
|
Hot places :
|
|
|
|
46 C - 54 C
|
0.75 per hour
|
|
|
Above 54 C
|
0.95 per hour
|
6
|
4.6
|
Insulation material
|
|
|
|
Pumice or other recognised insulator
|
0.75 per hour
|
|
|
Silicate
|
0.95 per hour
|
7
|
4.7
|
Smoke boxes, etc., :
|
|
|
|
Working on repairs to smoke boxes, furnaces, etc.
|
0.49 per hour
|
|
|
Working on repairs inside oil-fired boilers
|
1.87 per hour
|
8
|
4.8 (i)
|
Wet places
|
0.75 per hour
|
9
|
4.8 (ii)
|
Working on a boat or punt
|
2.92 per day
|
10
|
4.8 (iii)
|
Working knee deep in mud or water
|
5.97 per day
|
11
|
4.9
|
Acid, furnaces, stills, etc.,
|
3.84 per hour
|
12
|
4.10
|
Towers
|
0.75 per hour
|
13
|
4.11
|
Depth money:
|
0.75 per hour
|
14
|
4.12
|
Swing scaffolds allowance:
|
|
|
|
First four hours
|
5.57 fixed rate
|
|
|
Each hour thereafter
|
1.13 per hour
|
|
|
Solid plasterers
|
0.22 per hour?
|
15
|
4.13
|
Septic tanks
|
8.97 per day
|
16
|
4.16
|
Explosive powered tools allowance
|
1.82 per day
|
17
|
4.17
|
Distant places:
|
|
|
|
Area described in paragraph 4.17.1
|
1.47 per day
|
|
|
Area described in paragraph 4.17.2
|
2.39 per day
|
|
|
Area described in paragraph 4.17.3
|
2.39 per day
|
18
|
4.18 (i)
|
Epoxy materials:
|
0.95 per hour
|
|
4.18 (ii)
|
Applying to air-conditioned buildings
|
0.65 per hour
|
|
4.18 (iv)
|
Employees in close proximity
|
0.75 per hour
|
19
|
4.19
|
Foundry per hour
|
0.56 per hour
|
20
|
4.20
|
Asbestos eradication
|
2.52 per hour
|
|
|
|
|
21
|
5.3 / 5.8
|
Meal allowance
|
14.70
|
|
|
Meal allowance each subsequent meal
|
12.60
|
22
|
10.4
|
Distant work - Expenses of reaching home and of
|
22.90 per day
|
|
|
transporting tools from distant work
|
|
23
|
10.5
|
Distant work - Board and lodging allowance
|
496.70 per week
|
24
|
10.7
|
Camping allowance
|
28.50 per day
|
25
|
10.8
|
Return home at weekend allowance
|
39.30 per occasion
|
26
|
12.3
|
First Aid Allowance
|
3.30 per day
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.