STRAPPERS AND STABLE HANDS (STATE) AWARD
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19
of the Industrial Relations Act 1996.
(Nos. IRC 2206,
2007, 2208, 2210 of 1999)
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Before Mr Deputy President Grayson
|
22 August 2001
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REVIEWED AWARD
1. ARRANGEMENT
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Contract
of Employment
4. Rates
of Pay
5. Casual
and Part-Time Employees
6. Junior
Employees
7. Attendance
Allowance
8. Payment
of Wages
9. Hours
of Work
10. Overtime
11. Labour
Flexibility
12. Consultative
Mechanism
13. Utilisation
of Skills
14. Board
and Lodging
15. Holidays
16. Annual
Leave
17. Annual
Leave Loading
18. Long
Service Leave
19. Sick
Leave
20. Personal
Carer's Leave
21. Bereavement
Leave
22. Transport
and Allowances
23. Stand
By
24. First-Aid,
Protective Clothing, Etc.
25. Disputes
Procedure
26. Anti-Discrimination
27. Jury
Service
28. Traineeships
30. Parental
Leave
31. Superannuation
32. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Table 3 - Trainee Weekly Rates - Industry/Skill Level A
Table 4 - Trainee Weekly Rates - Industry/Skill Level B
Table 5 - Trainee Weekly Rates - Industry/Skill Level C
Table 6 - School Based Traineeships
APPENDIX A - INDUSTRY/SKILL LEVELS
2. DEFINITIONS
"Stable Hand Rider" means an employee who is
required to ride horses as part of his/her duties for shows, performances or
other activities requiring more advanced riding skills.
"Casual Employee" - Without limiting the terms of
Clause 5 - Casual and Part-time Employees, a casual employee shall mean an
employee engaged for less than 40 hours each working week.
3. CONTRACT OF EMPLOYMENT
(i) Subject to clause 6, Casual and
Part-time Employees, and except as hereinafter provided, employment shall be by
the week.
(ii) Employment during the first two weeks
of engagement shall be on a probationary basis from day to day, except in the
case of re- engagement of any employee who has had previous service with the
employer.
(iii) Subject to subclause (ii) of this
clause, it shall be clearly indicated in writing by the employer whether the
employee is engaged on a weekly or a casual basis.
(iv) 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 an employee without notice for
malingering, inefficiency; neglect of duty or misconduct, and in such cases
wages shall be paid up to the time of dismissal only.
Where an employee has given or
been given notice as aforesaid, he/she shall continue in his/her employment
until the date of expiration of such notice. Any employee who, having given or
been given notice as aforesaid, without reasonable cause (proof of which shall
lie on him/her) absents himself/herself from work during such period shall be
deemed to have abandoned his/her employment and shall not be entitled to
payment for work done by him/her within that period.
(v) If an employee is given notice or
dismissed at other than his/her normal place of employment he/she shall be
entitled to transport or return fares to his/her usual place of employment.
(vi) Any employee not attending for duty
shall lose his/her pay for the actual time of such non-attendance except as
provided in clauses 16, Holidays, 17, Annual Leave, 20, Sick Leave, 21,
Bereavement Leave, and 28, Parental Leave.
4. RATES OF PAY
(a) The weekly rates of pay shall be not
less than the amounts as set out in Table 1 - Rates of Pay, of Part B, Monetary
Rates.
(b) The rates of pay in this award
include the State Wage Case - August 1997 and June 1998 adjustments as set out
in Table 1 payable under the State Wage Case - August 1997 and June 1998
decisions. These adjustments may be offset against:
(A) Any equivalent overaward payments, and/or
(B) Award wage
increases since 29 May 1991 other than safety net adjustments and minimum rates
adjustments.
5. CASUAL AND PART-TIME EMPLOYEES
(i) Part-time employee means a weekly employee
who is employed to work less than 40 hours per week.
(ii) Part-time employees shall be engaged
for a minimum of four hours for each engagement.
(iii) Part-time employees shall receive the
same entitlements as full- time employees but on a pro rata basis. Provided
that a part-time employee shall receive sick leave credits on the basis of one
hour for each 23 hours of ordinary duty for each year of service. Public
holiday credits shall accrue at the rate of one hour for each 23 hours of
ordinary duty.
Annual leave shall accrue at the
rate of one hour for each 13 hours of ordinary duty in the first year of
employment and one hour for each 12 hours of ordinary duty in the second and
subsequent years of employment. In all other respects, the provisions for sick
leave, public holidays and annual leave in this award shall apply.
(iv) The hourly rate for a part-time
employee shall be the weekly rate divided by the number of hours worked by
full-time employees.
(v) A casual employee is one engaged and
paid as such and whose engagement may be terminated at any time.
(vi) A casual employee shall be paid at the
rate of one-fortieth of the weekly rate prescribed by the award for each hour
worked, plus 20 per cent. (This loading is inclusive of obligations pursuant to
the Annual Holidays Act 1944.)
6. JUNIOR EMPLOYEES
(i) The minimum weekly rate to be paid
to any employee under 21 years of age shall be as set out in Table 1 - Rates of
Pay, of Part B, Monetary Rates, and such percentage shall be calculated to the
nearest five cents, any fraction of five in the result not exceeding two cents
to be disregarded.
(ii) If required by the employer, an
employee shall produce either a birth certificate or a statutory declaration as
to his/her age.
7. ATTENDANCE ALLOWANCE
In addition to the provisions of clause 22, Transport and
Allowances, employees participating in sporting events or similar type meetings
or events shall be paid award rates for work performed at such meetings and, in
addition, shall be paid a special attendance allowance for each such
attendance, calculated as follows:
(i) Where the racecourse is situated
within 75 kilometres from the employee's place of employment he/she shall be paid
as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(ii) Where the racecourse is more than 75
kilometres from the employee's place of employment the employee shall be paid
as set out in the said Item 1 plus the amount set out in Item 2 of Table 2 for
each 50 kilometres or part thereof the racecourse is situated from the place of
employment.
8. PAYMENT OF WAGES
(i) Wages shall
be paid by cash, cheque or electronic funds transfer.
(ii) Wages shall be paid on a fixed day
not later than Friday of each week. Provided that, by genuine agreement between
the employer and the employee, wages may be paid fortnightly.
(iii) Employees who are paid cash shall be
paid during ordinary working hours and any employee who has to wait after
ordinary ceasing time on pay day to receive wages shall be paid at
ordinary-time rates for all time he/she is kept waiting to be paid.
(iv) When an employee is paid by means of
electronic funds transfer the provisions relating to waiting time shall not
apply. In lieu thereof, when an employee's wages are not in the relevant
employee's nominated account on the designated pay day the employer, if
required to do so by the employee, shall provide the employee's wages to the
employee in cash by conclusion of the next day's shift and, in any case, no
later than Friday.
9. HOURS OF WORK
(i) The ordinary hours of work for all
employees shall be 40 hours per week to be worked within rostered hours in five
full days, or four full days and two half days, Monday to Saturday.
(ii) No employee shall be required to work
after twelve noon as part of the ordinary hours in any week on the two days
rostered as the employee’s two half-days off during any particular working
week.
(iii) A roster setting out the five days or
the four days and two half-days to be worked in any one week, Monday to
Saturday, by each employee shall be posted up on Monday of the preceding week.
(iv) By arrangement with the employer,
stable hands may agree to change their rostered half-days off in any week.
10. OVERTIME
(i) All work performed in excess of or
outside the ordinary hours prescribed by clause 10, Hours of Work, shall be
paid for at the rate of time and a half for the first three hours and double
time thereafter. In lieu of receiving payment for overtime the employee may
elect to take time off. The overtime payment otherwise payable to the employee
shall be reduced by an amount calculated at the ordinary-time rate of pay for
the duration of any period the employee elects to be and is absent.
(ii) An employee required to work on a
Sunday shall be paid for all such work at double rates with a minimum of three
hours.
(iii) An employee required to work overtime for
more than one and a half hours without being notified on the previous day or
earlier that he/she will be so required to work shall be paid an allowance as
set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates. Provided that if an employee pursuant to notice has provided a meal or
meals and is not required to work overtime or is required to work less than the
amount advised, he/she shall be paid as above prescribed for meals which he/she
has provided but which have become superfluous.
11. LABOUR FLEXIBILITY
(i) For the purpose of increasing
productivity and flexibility, as well as enhancing career opportunities for
employees, it is agreed that employees shall perform a wider range of duties,
including work, which is incidental or peripheral to their main tasks or
functions.
(ii) Subject to the terms of agreement at
the enterprise level, employees may undertake training for a wider range of
duties and for access to higher classifications.
(iii) The parties
will not create barriers to advancement of employees within the award
structure.
(iv) The parties will co-operate in the
transition from the old structure to the new structure in an orderly manner
without creating false expectations or disruptions.
(v) The employer, employees and their
respective organisations recognise the principle of voluntary participation in
training programs. Employees not wishing to be trained will not be
disadvantaged.
12. CONSULTATIVE MECHANISM
At each enterprise, there shall be established a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
and productivity.
13. UTILISATION OF SKILLS
(i) Employees shall be employed to carry
out such duties as may be directed by an employer from time to time, subject to
their skills, competence and training.
(ii) Any employee may at any time carry
out such duties and use such tools and equipment as may be directed by an employer,
provided that the employee has been properly trained in the use of such tools
and equipment.
(iii) Any direction given by an employer in
accordance with subclauses (i) and (ii) of this clause shall be consistent with
the employer's obligations under the Occupational
Health and Safety Act 1983.
(iv) Disputes arising in relation to the
operation of this clause shall be dealt with in accordance with clause 25,
Disputes Procedure, following prior consideration of the issue.
14. BOARD AND LODGING
Where board and lodging are provided for permanent employees
on or adjacent to the employer's property, such board and lodging shall be of a
reasonable standard and the employer may deduct from the employee's earnings an
amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, for full board and lodging (where a cook is supplied by the
employer) and an amount as set out in Item 5 for full board and lodging (where
no cook is supplied by the employer).
15. HOLIDAYS
(i) Employees shall be entitled to the
following public holidays without loss of pay as regards weekly employees: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day, or such other
days as are generally observed in the locality as a substitute for any of the
aforesaid days, respectively; in addition thereto, any special days appointed
by proclamation as public holidays throughout the State, and providing a picnic
is held, the picnic day of The Australian Workers Union, New South Wales, which
shall be held on any day (Monday to Friday) in March each year or any day
nominated by the union to be the picnic day for the area. By agreement between
any employer and his/her employees, other days may be substituted for the said
days or any of them to suit the employer's undertaking.
(ii) With regard to union picnic day, an
employer may require any employee to work on such picnic day and, unless a
reasonable excuse exists, the employee shall work in accordance with such
requirements at the rates prescribed by subclause (iv) of this clause. The
employer may require from an employee evidence of his/her attendance at the
picnic. Where such evidence is requested by the employer, payment need not be
made unless the evidence is produced.
(iii) An employee who is absent from work on
the working day preceding or the working day following a holiday or two or more
consecutive holidays shall not be entitled to payment for the holiday or holidays
unless he/she produces or forwards evidence to the employer that his/her
absence was due to a good and satisfactory cause.
(iv) Subject to subclause (i) of this
clause, all time worked on a holiday shall be paid for at the rate of double
time and a half, with a minimum payment of four hours.
16. ANNUAL LEAVE
See Annual Holidays
Act 1944.
17. ANNUAL LEAVE LOADING
(i) This clause applies only in relation to
annual holidays to which employees become or have become entitled.
(ii) In this clause
the Annual Holidays Act 1944 is
referred to as "the Act".
(iii) Before an employee is given and takes
his/her annual holiday or, where by agreement between the employer and employee
the annual holiday is given and taken in more than one separate period, then
before each of such separate periods the employer shall pay his/her employee a
loading determined in accordance with this clause.
(NOTE: The obligation to pay in
advance does not apply where an employee takes an annual holiday wholly or
partly in advance - see subclause (vi) of this clause.)
(iv) The loading is payable in addition to the
pay for the period of holiday given and taken and due to the employee under the
Act.
(v) The loading is the amount payable for
the period or separate period, as the case may be, stated in subclause (iii) of
this clause at the rate per week of 17.5 per cent of the appropriate ordinary
weekly time rate of pay prescribed by this award for the classification in
which the employee was employed immediately before commencing his/her annual
holiday.
(vi) No loading is payable to an employee who
takes an annual holiday wholly or partly in advance; provided that, if the
employment of such an employee continues until the day when he/she would have
become entitled under the Act to an annual holiday, the loading then becomes
payable in respect of the period of such holiday and is to be calculated in
accordance with subclause
(v) of this clause, applying the award rates
of wages payable on that day. This subclause applies where an annual holiday
has been taken wholly or partly in advance and the entitlement to the holiday
arises on or after the date of operation of this award.
(vii) Where, in accordance with the Act and on
or after the date of operation of this award, the employer's establishment or
part of it is temporarily closed down for the purpose of giving an annual
holiday or leave without pay to the employees concerned -
(a) An employee who is entitled under the
Act to an annual holiday, and who is given and takes such a holiday, shall be
paid the loading calculated in accordance with subclause (v) of this clause.
(b) An employee who is not entitled under
the Act to an annual holiday and who is given and takes leave without pay shall
be paid, in addition to the amount payable to him/her under the Act, such
proportion of the loading that would have been payable to him/her under this
clause if he/she had become entitled to an annual holiday prior to the close
down as his/her qualifying period of employment in completed weeks bears to 52.
(viii) (a) When the employment of an employee is
terminated by his/her employer on or after the date of
operation of this award, for a
cause other than misconduct, and at the time of the termination the employee
has not taken the whole of an annual holiday to which he/she became entitled,
he/she shall be paid a loading calculated in accordance with subclause (v) of
this clause for the period not taken.
(b) Except as provided by paragraph (a) of this
subclause, no loading is payable on the termination of an employee's
employment.
18. LONG SERVICE LEAVE
See Long Service Leave
Act 1955.
19. SICK LEAVE
(i) A weekly employee who, after not less
than three months' continuous service in his/her current employment, is unable
to attend for duty during the ordinary working hours by reason of personal
illness or incapacity (excluding illness or incapacity resulting from injury
within the Workers' Compensation Act 1987)
shall be entitled to be paid for such non-attendance the amount of his/her
ordinary rate of pay which he/she would have earned if he/she had attended for
duty, subject to the following conditions:
During the first year of service
with an employer five days sick leave shall be allowed. Provided that sick
leave entitlement shall increase to eight days in the second or subsequent
years of service with the employer.
(ii) He/she shall, wherever practicable,
within four hours of normal commencement time, inform the employer of his/her
inability to attend for duty and, as far as possible, state the nature of the
illness, incapacity or inability to attend for duty and the estimated duration
of the same.
(iii) He/she shall prove to the satisfaction of
the employer (or in the event of a dispute, the Industrial Relations Commission
of New South Wales) that he/she is or was unable, on account of such illness or
incapacity, to attend for duty on the day or days for which payment under this
clause is claimed.
(iv) He/she shall not be entitled in respect
of any year of continued employment to sick pay for more than the quantum of
sick leave provided for in subclause (i) of this clause. Any period of paid
sick leave allowed by the employer in the industry to any employee in any such
year shall be deducted from the period of leave which may be allowed or carried
forward under this award or in respect of such year.
(v) The rights under this clause shall
accumulate from year to year so long as his/her employment continues with the
employer, so that any part of leave pursuant to subclause (i) of this clause
which has not been allowed in any year may be claimed by the employee, and
shall be allowed by the employer, subject to the conditions prescribed by this
clause, in a subsequent year of such continued employment. Any rights which
accumulate, pursuant to this subclause, shall be available to the employee for
a period of five years from the end of the year in which it accrues.
(vi) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by:
(a) any absence from work on leave granted by the employer; or
(b) any absence from work by reason of
personal illness, injury or other reasonable cause (proof whereof shall in each
case be upon the employee); provided that any time so lost shall not be taken
into account in computing the qualifying period of three months.
(vii) Service before the date of coming into
force of this award shall be counted as service for the purpose of qualifying
thereunder.
20. PERSONAL CARER'S LEAVE
(1) Use of Sick
Leave
(a) An employee, other than a casual
employee, with responsibilities in relation to a class of person set out in
subparagraph (ii) of paragraph (c), 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 20, 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.
(b) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person. In 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.
(c) The entitlement to use sick leave in accordance with this
subclause is subject to:
(i) the employee being responsible for the
care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subparagraph (ii) of
paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) 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.
(b) Access to annual leave, as prescribed in
paragraph (a) of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
(c) An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee may elect, with the consent
of the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during
ordinary time hours shall be taken at the ordinary time rate, that is an hour
for each hour worked.
(c) If, having elected to take time as leave
in accordance with paragraph (a) of this subclause, the leave is not taken for
whatever reason payment for time accrued at overtime rates shall be made at the
expiry of the 12 month period or on termination.
(d) Where no election is made in accordance
with the said paragraph (a), the employee shall be paid overtime rates in
accordance with the award.
(5) Make-Up Time
(a) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off ordinary hours, and works those hours at a later time, during
the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect,
with the consent of the employer, to work "make-up time" (under which
the employee takes time off ordinary hours and works those hours at a later
time), at the shift work rate which would have been applicable to the hours taken
off.
21. BEREAVEMENT LEAVE
(i) An employee, other than a casual
employee, shall be entitled to two days bereavement leave without deduction of
pay on each occasion of the death of a person as prescribed in subclause (iii)
of this clause. Such leave shall commence on the day immediately following such
death.
(ii) The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will, if
required by the employer, provide to the satisfaction of the employer proof of
death.
(iii) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of
subclause 91) of clause 20, Personal Carer’s Leave, provided that, for the
purpose of bereavement leave, the employee need not have been responsible for
the care of the person concerned.
(iv) An employee shall not be entitled to bereavement
leave under this clause during any period in respect of which the employee has
been granted other leave.
(v) Bereavement leave may be taken in
conjunction with other leave available under subclauses (2), (3), (4), and (5)
of the said subclause 20. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
22. TRANSPORT AND ALLOWANCES
(i) (a) An employee who is required to attend a
race meeting and perform work covered by this award shall, if the horse is
floated, be supplied with transport between such race meeting and his/her usual
place of employment.
(b) In
addition to his/her entitlements under clause 8, Attendance Allowance, the employee
shall be paid an amount as set out in Item 6 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, for the cost of each meal, provided that
where the employer supplies meals no such meal payment shall be made.
(ii) Where, in the course of his/her
employment, an employee is required to live and sleep at some place other than
his/her normal place of residence, or where an employee is required by his/her
employer to travel, he/she shall be paid his/her reasonable out- of-pocket
expenses before leaving his/her employer's premises.
23. STAND-BY
An employee directed to stand by in readiness to work
outside his/her normal duties or to do watch keeping or guard duties outside
his/her ordinary working hours shall, until released, be paid at overtime rates
for all time so engaged.
24. FIRST-AID, PROTECTIVE
CLOTHING, ETC.
(i) A suitable
first-aid kit shall be kept at all places of work.
(ii) Where gumboots, waterproof coats,
waterproof half-coats and waterproof trousers are required, they shall be
supplied by the employer. Such protective clothing shall remain the property of
the employer and, in the event of an employee leaving or being employed where
such clothing is not required, shall be returned to the employer in good
condition, fair wear and tear accepted. All such equipment shall be replaced as
required on return of the worn out issue. The employee shall be responsible for
the replacement of any equipment issued to him/her for which he/she cannot
account.
(iii) Where employees are required by any race
club to wear dustcoats at a race meeting the employer shall ensure that the
employees in question are issued with suitable freshly laundered dustcoats at
each such meeting.
(iv) Every employee shall be paid an allowance
by way of a subsidy as set out in Item 7 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, in lieu of riding boots and skullcaps
and each employee shall provide himself/herself with a suitable skullcap and
riding boots as required.
25. DISPUTES PROCEDURE
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee is required to notify (in
writing or otherwise) the employer as to the substance of the grievance,
request a meeting with the employer for bilateral discussions and state the
remedy sought.
(b) A grievance must initially be dealt with
as close to its source as possible, with graduated steps for further discussion
and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each
level of authority.
(d) At the conclusion of the discussions,
the employer must provide a response to the employee's grievance, if the matter
has not been resolved, including reasons for no implementing any proposed
remedy.
(e) While a procedure is being followed, normal work must
continue.
(f) The employee may be represented by an industrial
organisation of employees.
(ii) Procedure
for a dispute between an employer and the employees:
(a) A question, dispute or difficulty must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each
level of authority.
(c) While a procedure is being followed, normal work must
continue.
(d) The employer may be represented by an
industrial organisation of employers and the employees may be represented by an
industrial organisation of employees for the purpose of each procedure.
(iii) It is a purpose of this procedure that
normal work continue while the above procedures are being followed. No party
shall be prejudiced as to final settlement by the continuance of work in
accordance with this procedure.
(iv) This
procedure shall not apply to any dispute on a safety issue.
26. ANTI-DISCRIMINATION
(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 ground of race, sex, marital status, disability, homosexuality, transgender
identity and age and carer’s responsibilities.
(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.
(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.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
(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.
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
this 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".
27. JURY SERVICE
A weekly employee 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 the 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.
28. TRAINEESHIPS
(i) Application
(a) Subject to subclause (iii) of this
subclause this clause shall apply to persons who are undertaking a traineeship
(as defined) and is to be read in conjunction with this award, or any legally
registered award or any former industrial agreement of the Industrial Relations
Commission of New South Wales which covers the terms and conditions of
employment of persons performing work covered by this clause.
(b) Notwithstanding (i) this clause shall apply provisionally for
an interim period:
(A) Starting upon the commencement date as
recorded on a valid "Application to Establish a Traineeship" signed
by both the employer and the Trainee, which has been lodged with the Relevant
NSW Training Authority; and
(B) Ending upon the expiry of one calendar
month period immediately following the employer’s receipt of the Indenture
Papers from the Relevant NSW Training Authority.
In any case, the duration for
which this award may provisionally apply shall be no longer than two calendar
months, or such longer period as may be required to accommodate a delay in
processing the "Application to Establish a Traineeship" which is
beyond the control of the employer.
(c) The terms and conditions of this award shall apply, except
where inconsistent with this clause.
(d) Notwithstanding the foregoing, this
clause shall not apply to employees who were employed by an employer under this
award prior to the date of approval of a traineeship relevant to the employer,
except where agreed upon between the employer and the relevant union(s).
(e) This clause does not apply to the
apprenticeship system or any training program which applies to the same
occupation and achieves essentially the same training outcome as an existing
apprenticeship in an award as at 27 April, 1998 or in an award that binds the
employer.
(f) At the conclusion of the traineeship,
this clause shall cease to apply to the employment of the trainee and the Award
shall apply to the former trainee.
(ii) Objective
The objective of this clause is to
assist in the establishment of a system of traineeships which provides approved
training in conjunction with employment in order to enhance the skill levels
and future employment prospects of trainees, particularly young people, and the
long term unemployed. The system is neither designed nor intended for those who
are already trained and job ready. It is not intended that existing employees
shall be displaced from employment by trainees. Nothing in this clause shall be
taken to replace the prescription of training requirements in this Award.
(iii) Definitions
Structured Training
means that training which is specified in the Training Plan which is part of
the Training Agreement registered with the relevant NSW Training
Authority. It includes training
undertaken both on and off-the-job in a traineeship scheme and involves formal
instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a
Traineeship approved by the relevant NSW Training Authority and leads to a
qualification set out in clause 5(f).
Relevant Union
means the AWU.
Trainee is an individual
who is a signatory to a training agreement registered with the relevant NSW
Training Authority and is involved in paid work and structured training, which
may be on or off the job. A trainee can
be full-time, part-time or school-based.
Traineeship means
a system of training, which has been approved by the relevant NSW Training
Authority, and includes full time traineeships and part time traineeships
including school-based traineeships.
Training Agreement
means an instrument which establishes a Traineeship under the Industrial and Commercial Act 1989. (Note:
Under the Industrial and Commercial Training Act a training agreement is
also referred to as an indenture).
Training Plan
means a programme of training which forms part of a Training Agreement
registered with the Relevant NSW Training Authority.
School-Based Trainee
is a student enrolled in the Higher School Certificate, or equivalent
qualification, who is undertaking a traineeship which forms a recognised
component of their HSC curriculum, and is endorsed by the relevant NSW Training
Authority and the NSW Board of Studies as such.
Relevant NSW Training
Authority means the Department of Education and Training, or successor
organisation.
Year 10 for the
purposes of this award any person leaving school before completing Year 10
shall be deemed to have completed Year 10.
(iv) Training
Conditions
(a) The Trainee shall attend an approved
training course or training program prescribed in the Training Agreement or as
notified to the trainee by the Relevant NSW Training Authority in an accredited
and relevant traineeship.
(b) A Traineeship shall not commence until
the relevant Training Agreement, has been signed by the employer and the
trainee and lodged for registration with the Relevant NSW Training Authority.
(c) The employer shall ensure that the
Trainee is permitted to attend the training course or program provided for in
the Training Agreement and shall ensure that the Trainee receives the
appropriate on-the-job training.
(d) The employer shall provide a level of
supervision in accordance with the Training Agreement during the traineeship
period.
(e) The employer agrees that the overall
training program will be monitored by officers of the Relevant NSW Training
Authority and that training records or work books may be utilised as part of
this monitoring process.
(f) Training shall be directed at:
(A) the achievement of key competencies
required for successful participation in the workplace (eg. literacy, numeracy,
problem solving, team work, using technology) and an Australian Qualification
Framework Certificate Level I.
This could be achieved through
foundation competencies which are part of endorsed competencies for an industry
or enterprise; and/or
(B) the achievement of key competencies
required for successful participation in an industry or enterprise (where there
are endorsed national standards these will define these competencies) as are
proposed to be included in an Australian Qualification Framework Certificate
Level II or above.
(v) Employment
Conditions
(a) A Trainee shall be engaged as a
full-time employee for a maximum of one year's duration or a part-time trainee
for a period no greater than the equivalent of one year full-time employment.
For example, a
part-time trainee working 2 ½ days per week (including the time spent in
approved training) works (and trains) half the hours of a full-time trainee and
therefore their traineeship could extend for a maximum of two years.
In any event, unless the Relevant
NSW Training Authority directs, the maximum duration for a traineeship shall be
thirty six months.
By agreement in
writing, and with the consent of the relevant NSW Training Authority, the
relevant employer and the Trainee may vary the duration of the Traineeship and
the extent of approved training provided that any agreement to vary is in
accordance with the relevant Traineeship.
(b) A trainee shall be subject to a
satisfactory probation period of up to one month which may be reduced at the
discretion of the employer.
(c) Where the trainee completes the
qualification in the Training Agreement, earlier than the time specified in the
Training Agreement then the traineeship may be concluded by mutual agreement.
(d) A traineeship shall not be terminated
before its conclusion, except in accordance with the Industrial and Commercial Training Act 1989, or by mutual
agreement.
An employer who
chooses not to continue the employment of a trainee upon the completion of the traineeship
shall notify, in writing, the Relevant NSW Training Authority of their
decision.
(e) The Trainee shall be permitted to be
absent from work without loss of continuity of employment and/or wages to
attend the approved training in accordance with the Training Agreement.
(f) Where the employment of a Trainee by an
employer is continued after the completion of the traineeship period, such
traineeship period shall be counted as service for the purposes of the Award or
any other legislative entitlements.
(g) (i) The
Traineeship Agreement may restrict the circumstances under which the Trainee
may
work overtime and shiftwork in
order to ensure the training program is successfully completed.
(ii) No Trainee shall work overtime or
shiftwork on their own unless consistent with the provisions of this Award.
(iii) No Trainee shall work shiftwork unless
the relevant parties to this Award agree that such shiftwork makes satisfactory
provision for approved training. Such training may be applied over a cycle in
excess of a week, but must average over the relevant period no less than the
amount of training required for non-shiftwork Trainees.
(iv) The Trainee wage shall be the basis for
the calculation of overtime and/or shift penalty rates prescribed by the Parent
Award.
(h) All other terms and conditions of this
award that are applicable to the Trainee or would be applicable to the Trainee
but for this clause shall apply unless specifically varied by this clause.
(i) A Trainee who fails to either complete
the Traineeship or who cannot for any reason be placed in full time employment
with the employer on successful completion of the Traineeship shall not be
entitled to any severance payment.
The following
employment conditions apply specifically to part-time and school-based
trainees:
(j) A part time trainee shall receive, on a
pro rata basis, all employment conditions applicable to a full time
trainee. All the provisions of this
award shall apply to part time trainees except as specified in this clause.
(k) A part time trainee may, by agreement,
transfer from a part time to a full time traineeship position should one become
available.
(l) The minimum daily engagement periods
applying to part-time employees specified in the Parent Awards shall also be applicable
to part time trainees.
Where there is no
provision for a minimum daily engagement period in the Parent Award(s) or other
industrial instrument(s), applying to part-time employees, then the minimum
start per occasion shall be 3 continuous hours, except in cases where it is
agreed that there shall be a start of 2 continuous hours, on 2 or more days per
week, provided that:
(i) a 2 hour start is sought by the
employee to accommodate the employee’s personal circumstances, or
(ii) the place of work is within a distance
of 5km from the employee’s place of residence.
(m) School-based trainees shall not be
required to attend work during the interval starting four weeks prior to the
commencement of the final year Higher School Certificate Examination period and
ending upon the completion of the individual’s last HSC examination paper.
(n) For the purposes of this clause, a
school-based trainee shall become an ordinary trainee as at January 1 of the
year following the year in which they ceased to be a school student.
(vi) Wages
Wages - Full-Trainees
(a) The weekly wages payable to full time trainees shall be as
follows:
|
Industry/Skill Level A
|
Table 3
|
|
Industry/Skill Level B
|
Table 4
|
|
Industry Skill Level C
|
Table 5
|
|
School-Based Trainees
|
Table 6
|
(b) These wage rates will only apply to
Trainees while they are undertaking an approved Traineeship which includes
approved training as defined in this clause
(c) The wage rates prescribed by this clause
do not apply to complete trade level training which is covered by the
Apprenticeship system.
(d) The rates of pay in this clause include
the adjustments payable under the State Wage Case of May 2001. These adjustments may be offset against:
(i) any equivalent overaward payments,
and/or
(ii) award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments.
(e) Appendix A sets out the skill level of a
traineeship. The industry/skill levels
contained in Appendix A are, illustrative of the appropriate levels but are not
determinative of the actual skill levels (i.e., skill levels A, B or C) that
may be contained in a traineeship scheme.
The determination of the appropriate skill level for the purpose of
determining the appropriate wage shall be based on the following criteria:
(i) Any agreement of the parties or
submission by the parties
(ii) The nature of the industry
(iii) The total training plan
(iv) Recognition that training can be
undertaken in stages
(v) The exit skill level in the Parent Award
contemplated by the traineeship.
In the event that the parties
disagree with such determination, it shall be open to any party to the award to
seek to have the matters in dispute determined by the Industrial Relations
Commission of New South Wales.
(f) For the purposes of this provision,
"out of school" shall refer only to periods out of school beyond Year
10, and shall be deemed to
(i) include any period of schooling beyond
Year 10 which was not part of nor contributed to a completed year of schooling;
(ii) include any period during which a
Trainee repeats in whole or part a year of schooling beyond Year 10;
(iii) not include any period during a calendar
year in which a year of schooling is completed; and
(iv) have effect on an anniversary date being January 1 in each
year.
Wages for Part-Time and School-Based Trainees:
(a) This clause shall apply to trainees who
undertake a traineeship on a part time basis by working less than full time
ordinary hours and by undertaking the approved training at the same or lesser
training time than a full-time trainee.
(b) The hours for which payment shall be made are determined as
follows:
(i) Where the approved training for a
traineeship (including a school based traineeship) is provided off-the-job by a
registered training organisation, for example at school or at TAFE, these rates
shall apply only to the total hours worked by the part time trainee on-the-job.
(ii) Where the approved training is
undertaken on-the-job or in a combination of on-the-job and off-the-job, and
the average proportion of time to be spent in approved training is 20% (ie. the
same as for the equivalent full time traineeship):
(1) If the training is solely on-the-job,
then the total hours on-the-job shall be multiplied by the applicable hourly
rate, and then 20 per cent shall be deducted.
(2) If the training is partly on-the-job and
partly off-the-job, then the total of all hours spent in work and training
shall be multiplied by the applicable hourly rate, and then 20 per cent shall
be deducted.
Note: 20 per cent is the average
proportion of time spent in approved training which has been taken into account
in setting the wage rates for most full time traineeships.
(iii) Where the normal full time weekly hours
are not 38 the appropriate hourly rate may be obtained by multiplying the rate
in the table by 38 and then dividing by the normal full time hours.
(c) For traineeships not covered by clause 8(b)
above, the following formula for the calculation of wage rates shall apply:
The wage rate
shall be pro-rata the full time rates based on variation in the amount of
training and/or the amount of work over the period of the traineeship which may
also be varied on the basis of the following formula:
Wage = Full time wage rate x Trainee
hours - average weekly training time
32*
* Note: 32 in the above formula represents 40 ordinary full time
hours less the average training time for full time trainees (i.e. 20%).
(i) "Full time wage rate" means
the appropriate rate as set out in Table 1 - Industry/Skill Level A, Table 2 -
Industry/Skill Level B, Table 3 - Industry/Skill Level C and Table 4 -
School-based Traineeships of Part B, Monetary Rates.
(ii) "Trainee hours" shall be the
hours worked per week including the time spent in approved training. For the purposes of this definition, the
time spent in approved vocational training may taken as an average for that
particular year of the traineeship.
(iii) "Average weekly training time"
is based upon the length of the traineeship specified in the traineeship
agreement or training agreement as follows:
Average
Weekly Training Time = 8 x 12
length
of the traineeship in months
Note 1: 8 in the above formula represents
the average weekly training time for a full time trainee whose ordinary hours
are 40 per week.
Note 2: The parties note that the
traineeship agreement will require a trainee to be employed for sufficient
hours to complete all requirements of the traineeship, including the on the job
work experience and demonstration of competencies the parties also note that
this would result in the equivalent of a full day’s on the job work per week.
|
Example of the Calculation for the Wage Rate For a
Part-time Traineeship
A school student commences a traineeship in year 11 the
ordinary hours of work in the Award are 40. The training agreement specifies
two years (24 months) as the length of the traineeship.
"Average weekly training time" is therefore 8 x
12/24 = 4 hours.
"Trainee hours" totals 15 hours; these are made
up of 11 hours work which is worked over two days of the week plus 1-1/2
hours on the job training plus 2-1/2 hours off the job approved training at
school and at TAFE.
So the wage rate in year 11 is:
$193 x 15 - 4 = $66.35 plus any applicable penalty
rates under the Award.
32
The wage rate varies when the student completes year 11
and passes the anniversary date of 1 January the following year to begin year
12 and/or if "trainee hours" changes.
|
29. REDUNDANCY
(i) Application
(a) This clause shall apply in respect of full-time and part-time
employees.
(b) This clause shall only apply to employers
who employ 15 or more employees immediately prior to the termination of
employment of employees.
(c) Notwithstanding anything contained
elsewhere in this clause, this clause shall not apply to employees with less
than one year’s continuous service and the general obligation on employers
shall be no more than to give such employees an indication of the impending
redundancy at the first reasonable opportunity, and to take such steps as may
be reasonable to facilitate the obtaining by the employees of suitable
alternative employment.
(d) Notwithstanding anything contained
elsewhere in this clause, this clause shall not apply where employment is
terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks or where employment is terminated due to
the ordinary and customary turnover of labour.
(ii) Introduction
of Change
(a) Employer’s duty to notify
(1) Where an employer has made a definite
decision to introduce major changes in production, program, organisation,
structure or technology that are likely to have significant effects on employees,
the employer shall notify the employees who may be affected by the proposed
changes and the union to which they belong.
(2) ‘Significant effects’ include
termination of employment, major changes in the composition, operation or size
of the employer’s workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
Provided that where the award
makes provision for alteration of any of the matters referred to herein, an
alteration shall be deemed not to have significant effect.
(b) Employer’s duty to discuss change
(1) The employer shall discuss with the
employees affected and the union to which they belong, inter alia, the
introduction of the changes referred to in paragraph (a) above, the effects the
changes are likely to have on employees and measures to avert or mitigate the
adverse effects of such changes on employees, and shall give prompt
consideration to matters raised by the employees and/or the union in relation
to the changes.
(2) The discussion shall commence as early
as practicable after a definite decision has been made by the employer to make
the changes referred to in paragraph (a) of this subclause.
(3) For the purpose of such discussion, the
employer shall provide to the employees concerned and the union to which they
belong all relevant information about the changes including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
(iii) Redundancy
(a) Discussions before terminations
(1) Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii)
above, and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the union to which they belong.
(2) The discussions shall take place as soon
as is practicable after the employer has made a definite decision which will
invoke the provision of subparagraph (1) of this subclause and shall cover,
inter alia, any reasons for the proposed terminations, measures to avoid or
minimise the terminations and measures to mitigate any adverse effects of any
termination on the employees concerned.
(3) For the purposes of the discussion the
employer shall, as soon as practicable, provide to the employees concerned and the
union to which they belong, all relevant information about the proposed
terminations including the reasons for the proposed terminations, the number
and categories of employees likely to be affected, and the number of workers
normally employed and the period over which the terminations are likely to be
carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(iv) Termination
of Employment
(a) Notice for changes in production, programme, organisation or
structure
This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from "production", "programme", "organisation" or
"structure" in accordance with subclause (ii) (a)(1) above.
(1) In order to terminate the employment of
an employee the employer shall give to the employee the following notice:
|
Period of Continuous Service
|
Period of Notice
|
|
Less than 1 year
|
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
|
|
5 years and over
|
4 weeks
|
(2) In addition to the notice above,
employees over 45 years of age at the time of the giving of the notice with not
less than two years continuous service, shall be entitled to an additional
week’s notice.
(3) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
(b) Notice for technological change
This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from "technology" in accordance with subclause (ii)(a)(1) above:
(1) In order to terminate the employment of
an employee the employer shall give to the employee 3 months notice of
termination.
(2) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
(3) The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act,
1955, the Annual Holidays Act, 1944,
or any Act amending or replacing either of these Acts.
(c) Time off during the notice period
(1) During the period of notice of
termination given by the employer, an employee shall be allowed up to one day’s
time off without loss of pay during each week of notice, to a maximum of five
weeks, for the purposes of seeking other employment.
(2) If the employee has been allowed paid
leave for more than one day during the notice period for the purpose of seeking
other employment, the employee shall, at the request of the employer, be
required to produce proof of attendance at an interview or the employee shall
not receive payment for the time absent.
(d) Employee leaving during the notice period
If the employment of an employee
is terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of employment
The employer shall, upon receipt
of a request from an employee whose employment has been terminated, provide to
the employee a written statement specifying the period of the employee’s
employment and the classification of or the type of work performed by the
employee.
(f) Notice to Centrelink
Where a decision has been made to
terminate employees, the employer shall notify the Centrelink thereof as soon
as possible giving relevant information including the number and categories of
the employees likely to be affected and the period over which the terminations
are intended to be carried out.
(g) Centrelink Separation Certificate
The employer shall, upon receipt
of a request from an employee whose employment has been terminated, provide to
the employee an "Employment Separation Certificate" in the form
required by the Centrelink.
(h) Transfer to lower paid duties
Where an employee is transferred
to lower paid duties for reasons set out in paragraph (a) of subclause (ii)
above, the employee shall be entitled to the same period of notice of transfer
as the employee would have been entitled to if the employee’s employment had
been terminated, and the employer may at the employer’s option make payment in
lieu thereof of an amount equal to the difference between the former ordinary
time rate of pay and the new ordinary time rates for the number of weeks of
notice still owing.
(v) Severance
Pay
(a) Where an employee is to be terminated
pursuant to subclause (iv) above, subject to further order of the Industrial
Relations Commission, the employer shall pay the following severance pay in
respect of a continuous period of service:
(1) If an employee is under 45 years of age,
the employer shall pay in accordance with the following scale:
|
Years of Service
|
Under 45 Years of Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(2) Where an employee is 45 years old or over,
the entitlement shall be in accordance with the following scale:
|
Years of Service
|
45 Years of Age and Over Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(3) ‘Weeks pay’ means the all purpose rate of
pay for the employee concerned at the date of termination, and shall include,
in addition to the ordinary rate of pay, over award payments, shift penalties
and allowances provided for in the relevant award.
(b) Incapacity to pay
Subject to an application by the
employer and further order of the Industrial Relations Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph (a) above.
The Industrial Relations Commission
shall have regard to such financial and other resources of the employer
concerned as the Industrial Relations Commission thinks relevant, and the
probable effect paying the amount of severance pay in subclause (i) above will
have on the employer.
(c) Alternative employment
Subject to an application by the
employer and further order of the Industrial Relations Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph (a) above if the employer obtains acceptable alternative employment
for an employee.
(vi) Savings
Clause
Nothing in this award shall be
construed so as to require the reduction or alteration of more advantageous
benefits or conditions which an employee may be entitled to under any existing
redundancy arrangement, taken as a whole, between the union and any employer
bound by this award.
30. PARENTAL LEAVE
See Part 4 of the Industrial
Relations Act 1996.
31. SUPERANNUATION
The subject of superannuation is dealt with extensively by
federal legislation including the Superannuation
Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints)
Act 1993 (Cth), and s.124 of the Industrial
Relations Act 1996. This legislation, as varied from time to time, governs
the superannuation rights and obligations of the parties.
32. AREA, INCIDENCE AND
DURATION
This award is made following a review under section 19 of
the Industrial Relations Act 1996
rescinds and replaces the:
Strappers and
Stable Hands (State) Award published 17 November 1995 (289 I.G. 419), as
varied;
Strappers and
Stable Hands Redundancy (State) Award published 21 April 1995 (285 IG 309), as
varied;
Strappers and Stable Hands Training Wage (State) Award
published 8 December 1995 (289 IG 1189) as varied; and the
Strappers and Stablehand Riders Superannuation (State)
Award published 29 November 1991 (266 IG 270).
The award published 17 November 1995 took effect from the
beginning of the first pay period to commence on or after 14 July 1995 and
remained in force thereafter for a period of 12 months.
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 Award
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 22 August 2001.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
PART B
MONETARY RATES
TABLE 1 - RATES OF PAY
|
Classification
|
Rate per week ($)
|
|
(1) Stablehand
|
|
|
(a) with less than one year's previous
|
|
|
experience
|
|
|
(b) with one year's previous experience
|
357.65
|
|
(c) with two years' previous experience
|
367.85
|
|
(d) with five years' previous experience
|
379.10
|
|
(2) Stablehand
Rider
|
459.95
|
|
Employees Under 21 Years of Age
|
Percentage of Adult Rate of Stablehand or
Stablehand Rider, including the rate for experience where appropriate (%)
|
|
15 years of age
|
|
|
16 to 17 years of age
|
60
|
|
17 to 18 years of age
|
65
|
|
18 to 19 years of age
|
70
|
|
19 to 20 years of age
|
80
|
|
20 years of age
|
95
|
TABLE 2 - OTHER RATES AND ALLOWANCES
|
Item No
|
Clause No
|
Brief Description
|
Amount $
|
|
1
|
7(i)
|
Racecourse within 75
kilometres
|
20.30
|
|
2
|
|
For each 50 kilometres
beyond 75
|
|
|
|
|
kilometres or part
thereof
|
4.70 extra
|
|
3
|
10(iii)
|
Overtime (meal
allowance)
|
6.45 per meal
|
|
4
|
14
|
Full board and lodging
with cook supplied
|
51.10
|
|
5
|
14
|
Full board and lodging
without cook supplied
|
18.00
|
|
6
|
22(i)(b)
|
Meal allowance whilst
at racecourse
|
6.45 per meal
|
|
7
|
24(iv)
|
Riding boots and
skullcaps
|
1.50 per week
|
TABLE 3 - WEEKLY RATES - INDUSTRY/SKILL LEVEL A
Where the accredited training course and work performed are for
the purpose of generating skills which have been defined for work at Skill
Level A.
|
|
Highest year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
|
$
|
$
|
|
School leaver
|
193.00
|
211.00
|
256.00
|
|
Plus 1 year out of school
|
211.00
|
256.00
|
298.00
|
|
Plus 2 years
|
256.00
|
298.00
|
346.00
|
|
Plus 3 years
|
298.00
|
346.00
|
396.00
|
|
Plus 4 years
|
346.00
|
396.00
|
|
|
Plus 5 years or more
|
396.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
TABLE 4 - WEEKLY RATES - INDUSTRY/SKILL LEVEL B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level B.
|
|
Highest year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
School leaver
|
193.00
|
211.00
|
246.00
|
|
Plus 1 year out of school
|
211.00
|
246.00
|
283.00
|
|
Plus 2 years
|
246.00
|
283.00
|
332.00
|
|
Plus 3 years
|
283.00
|
332.00
|
378.00
|
|
Plus 4 years
|
332.00
|
378.00
|
|
|
Plus 5 years or more
|
378.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
TABLE 5 - WEEKLY RATES - INDUSTRY/SKILL LEVEL C
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level C.
|
|
Highest year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
School leaver
|
193.00
|
211.00
|
237.00
|
|
Plus 1 year out of school
|
211.00
|
237.00
|
266.00
|
|
Plus 2 years
|
237.00
|
266.00
|
298.00
|
|
Plus 3 years
|
266.00
|
298.00
|
333.00
|
|
Plus 4 years
|
298.00
|
333.00
|
|
|
Plus 5 years or more
|
333.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
TABLE 6 - SCHOOL-BASED TRAINEESHIPS
|
|
Year of Schooling
|
|
|
Year 11
|
Year 12
|
|
|
$
|
$
|
|
|
193.00
|
211.00
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
APPENDIX A - INDUSTRY SKILL LEVELS
Industry/Skill Level A:
Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level B:
Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Industry/Skill Level C:
Community Service and Health
Pastoral
Environmental
Wholesale and Retail - Vehicle Repair Services and Retail
Sector
J .P.
GRAYSON, D.P.
____________________
Printed by
the authority of the Industrial Registrar.