WIRE DRAWN FERRIES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of award review pursuant to
section 19 of the Industrial Relations
Act 1996 and another matter.
(Nos. IRC 3653 and 3655 of 1999 and 3729 of 2000)
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Before the Honourable Justice Marks
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14 and 21 June 2001
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REVIEWED AWARD
PART A
Arrangement
Clause No. Subject
1. Arrangement
2. Definitions
3. Engagement
4. Contract
of Employment
5. Hours
6. Broken
Shifts
7. Crib
8. Wages
9. Overtime
10. Extra
Shifts
11. Work on
Saturdays, Sundays and Public Holidays
12. Payment
of Wages and Overtime
13. Public
Holidays
14. Annual
Leave
15. Annual
Leave Loading
16. Sick
Leave
17. State Personal/Carer's Leave Case - August
1996.
18. Bereavement
Leave
19. Distant
Work
20. Fares and
Travelling Allowances
21. Equal
Distribution of Work
22. Accommodation
23. Protective
and Industrial Clothing
24. Termination
of Employment
25. Superannuation
26. Settlement
of Disputes
27. Redundancy
28. Anti
Discrimination
29. Area,
Incidence and Duration
2. Definitions
2.1 "Union"
shall mean the Seamens’ Union of Australia New South Wales Branch.
2.2 "Employee"
shall mean a person employed in either of the classifications referred to in
clause 8, Wages, of this award.
2.3 "Casual
employee" shall mean an employee who is engaged and paid as such for a
definite period.
2.4 "Ferry
Engine Driver" shall mean the employee who operates the ferry in a single
crew operation and shall be the driver in a more than one crew operation.
2.5 "Relieving
employee" shall mean a person who is required to perform duties at a place
other than the employees normal place
of employment.
2.6 "Day
Shift" means any shift commencing before 6.30 a.m.
2.7 "Afternoon
Shift" means any shift finishing after 6.00 p.m. and at or before
midnight.
2.8 "Night
Shift" means any shift finishing subsequent to midnight and at or before
8.00.am.
3. Engagement
Employees shall be engaged on a weekly basis.
4. Contract of
Employment
4.1 An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training, consistent with the classification
structure of this award, provided that such duties are not designed to promote
deskilling.
4.2 An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
4.3 Any direction
issued by an employer shall be consistent with the employer's responsibilities
to provide a safe and healthy working environment.
4.4 Enterprises
shall establish a consultative mechanism and procedures appropriate to their
size, structure and needs for consultation and negotiation on matters affecting
their efficiency and productivity.
5. Hours
5.1 The ordinary
working hours shall be worked as a 20 day four week cycle with 19 shifts each
of a total of eight hours with 0.4 of one hour for each shift worked to allow
one shift to be taken off as a paid shift for every 20 shift cycle.
The 20th shift shall be paid for at the rate(s) prescribed
in clause 8, Wages, provided that no employee shall be disadvantaged as to the
receipt of appropriate shift rates in a cycle.
5.2 Each shift of
paid, sick or annual leave taken during any cycle of four weeks shall be
regarded as a shift worked for accrual purposes.
5.3 An employee
who has not worked, or is not regarded by reason of subclause 5.2 as having
worked, a complete 20 day cycle shall receive pro rata accrued entitlements for
each shift worked (or each fraction of a shift worked) or regarded as having
been worked in such cycle, payable for the rostered shift off, or in the case
of termination of employment, on termination.
5.4 The accrued
rostered shift off prescribed in subclause 5.1 shall be taken as a paid shift
off provided that the shift may be worked where that is required by the
employer due to unforeseen or emergency circumstances, in which case in
addition to accrued entitlements the employee shall be paid the rates
prescribed in clause 10, Extra Shifts, of this award.
6. Broken Shifts
6.1 Broken shifts
shall be worked Monday to Friday inclusive.
They shall consist of two separate four-hourly periods of work and shall
be worked within a spread of twelve hours.
6.2 Broken shifts
shall not be worked on Saturday, Sunday or any public holidays.
6.3 Employees
engaged on broken shifts shall be paid a penalty of thirteen and three quarter
per cent calculated on the ordinary weekly rate for the relevant classification
prescribed in clause 8, Wages.
6.4 An employee
engaged on a broken shift who, because of illness or approved absence and
proper reason being notified to the employer, is unable to complete portion of
such shift shall be paid the shift penalty rate in respect of the time actually
worked.
6.5 In respect of
the cost and time taken on each day in travelling to and from home between the
two four-hourly periods of the broken shift covered by this clause an employee
shall be paid for each such broken shift completed.
6.5.1 The cost of the
normal public transport unless required by the employer to travel by other
means of transport when the appropriate fares shall be paid by the employer.
Where the shift roster permits, the cost of the normal public transport will be
calculated on the basis of weekly fares.
6.5.2 In respect of
the time actually taken in so travelling an amount calculated as three-quarters
of one hour at the ordinary rate of pay prescribed in sub-clause 8.1 of clause
8, Wages, shall be paid to cover part of the travelling time.
7. Crib
7.1 Employees
working on a straight shift shall be allowed 20 minutes for a meal or crib
which shall be calculated as time worked.
The time of taking crib in each of the shifts shall be fixed by mutual
arrangement between the employer and the employee/s but shall not be more than
five hours after the commencement of the shift. The crib shall be subject to interruption occasioned by emergency
made known to the employee/s concerned.
8. Wages
8.1 An employee
shall be paid as set out in Table 1 Rates of Pay, of Part B, Monetary Rates.
The above mentioned rates include compensation for the disabilities incurred by
employees when working in confined spaces and/or when cleaning bilges.
8.2 A casual employee
shall be paid a daily rate calculated at one-fifth of the weekly pay fixed in
subclause 8.1, of this clause, with the
addition of 20 per cent.
8.2.1 An employee on
continuous shift (day, afternoon and night), shall be paid an allowance per
week as set in Item 1 of Table 2 - Other Rates and Allowances of Part B, in
addition to any other payments due, for all work performed, Monday to Friday,
both days inclusive.
8.2.2 An employee
engaged on a two shift roster (day and afternoon shift) system shall be paid an
allowance per week as set in Item 2 of the said Table 2 in addition to any
other payments due, for all work performed, Monday to Friday, both days
inclusive.
9. Overtime
9.1 Subject to the
provisions of clause 10, Extra Shifts, of this award, all time worked before
the usual commencing time or after the usual ceasing time or in excess of eight
hours in any one shift or 38 hours per week shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
9.2 When an
employee who is required to work overtime in excess of one and one-half hours
after the usual ceasing time, without being notified the previous day, the
employee shall be provided with a suitable meal or be paid the sum as set in
Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in
lieu thereof. Should such overtime
work continue for a further four hours, the employee shall be provided with a
second meal or be paid the sum as set in Item 4 of the said Table 2.
9.3 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, the
employee shall be paid, as prescribed in subclause 9.2, of this clause, for the
meals provided but which are surplus.
10. Extra Shifts
10.1 All time worked
on a rostered shift off or an accrued rostered shift off shall be paid for at
the rate of time and one-half for the first two hours and at the rate of double
time thereafter.
11. Work on
Saturdays, Sundays and Public Holidays
11.1 All time worked
between midnight Friday and midnight Saturday shall be paid for at the rate of
time and one-half.
11.2 All time worked
between the hours of midnight Saturday and midnight Sunday shall be paid for at
the rate of double time.
11.3 All time worked
on any of the holidays prescribed in clause 13, Public Holidays, of this award,
shall be paid for at the rate of double time and one-half.
12. Payment of Wages
and Overtime
12.1 Wages shall be
paid at the end of each week, except where fortnightly payment is now a custom.
12.2 All wages and
overtime shall be paid into a bank or other account, except for exceptional
circumstances where payment will be made by cheque within 24 hours of the
employee's normal pay day.
13. Public Holidays
13.1 Employees shall
be entitled to the following public holidays without deduction of pay:
13.2 New Year’s Day,
Australia Day, Anzac Day, Good Friday, Easter Saturday, Easter Monday, Queen’s
Birthday, Eight Hours’ Day or Labour Day, Christmas Day, Boxing Day and Picnic
Day (the first Tuesday in November, or on any other day mutually agreed to
between the Employer and the employee).
13.3 When the
government declares, prescribes or gazettes a public holiday on days other than
those set out above, those days shall constitute additional holidays for the
purpose of this award.
14. Annual Leave
14.1 Five weeks'
annual leave on full pay shall be given to all employees annually on completion
of 12 months continuous service.
14.2 Where
practicable employees shall be given at least one month's notice of the date
they are to receive their holidays.
14.3 Should
employment be terminated during the currency of the year employees shall be
entitled to pro rata pay for each completed month of service.
14.4 One day shall
be added to the annual leave period of any employee rostered off duty on a day
which is a public holiday prescribed by clause 13, Public Holidays, of this
award. Such day which s added to the
employee's annual leave period shall not be lost if the employee is
subsequently required to work overtime on the public holiday.
14.5 Employees shall
be paid for annual leave prior to entering on leave.
15. Annual Leave
Loading
15.1 Employees shall
be granted an annual leave loading equivalent to 17.5% of five weeks ordinary
wages or the shift premiums and penalty rates they would have received had they
been on duty, whichever is the more favourable.
15.2 The full
entitlement to the loading on annual leave that the employee has accrued over
the previous leave year is to be paid on the first occasion on which the
employee takes sufficient annual leave to be absent from duty for at least two
consecutive weeks after 1st December in any year. The loading will apply only to leave accrued in the year ending
on the preceding 30th November.
15.3 Upon retirement
or termination by the employer for any reason other than misconduct, an
employee who has not taken annual leave since the preceding 1st December, shall
be paid the loading which would have been payable had such leave been taken.
16. Sick Leave
16.1 An employee
with not less than three months' continuous service may be granted sick leave
on full pay up to maximum of 10 working days in each sick leave year in respect
of absence from duty.
16.2 Sick leave
shall accumulate from year to year so that such entitlement or any part
thereof, if not granted, shall be available to the employee in a subsequent
year upon the same conditions without diminution of the entitlement for that
year.
16.3 An employee who
is absent on account of sickness or injury shall, as soon as he/she becomes
aware that he/she will be absent from work, but prior to the normal commencing
time of the shift, notify the employer of the absence and the likely duration.
Except in special circumstances which prevented the employee
from doing so, failure to notify in accordance with this subclause shall
disentitle the employee to payment for such absence.
16.4 Any employee
absent on account of sickness for any period of three days or less shall, if
called upon by the employer, provide a medical certificate showing the nature
of the illness.
16.5 Any employee
absent on account of sickness for any period of more than three days shall
immediately upon expiry of such three days, forward to the employer a medical
certificate showing the nature of the illness and the probable duration
thereof.
16.6 Where an
employee is ill or incapacitated on a rostered shift off or an accrued rostered
shift off, the employee shall not be entitled to payment of sick leave.
17. Personal/Carer’s
Leave
17.1 Use of Sick
Leave
17.1.1 An employee,
other than a Casual Employee, with responsibilities in relation to a class of
person set out in subclause 17.1.3(b), 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 16, 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.
17.1.2 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.
17.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the
care of the person concerned;
and
(b) the person
concerned being:
(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 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
(iii) 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
(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 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.
17.1.4 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.
17.2 Unpaid Leave
for Family Purpose
17.2.1 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
subclause 17.1.3(b) who is ill.
17.3 Annual Leave
17.3.1 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.
17.3.2 Access to annual
leave, as prescribed in subclause 17.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
17.3.3 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.
17.4 Time Off in
Lieu of Payment for Overtime
17.4.1 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.
17.4.2 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.
17.4.3 If, having
elected to take time as leave in accordance with subclause 17.4.1, 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.
17.4.4 Where no
election is made in accordance with the subclause 17.4.1, the employee shall be
paid overtime rates in accordance with the award.
17.5 Make-up Time
17.5.1 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.
17.5.2 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.
17.6 Rostered Days
Off
17.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
17.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
17.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
17.6.4 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
18. Bereavement Leave
18.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of a person as
prescribed in subclause 18.3 of this clause.
18.2 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.
18.3 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 subclause
17.3.1(b), provided that, for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
18.4 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.
18.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
17.2, 17.3, 17.4, 17.5 and 17.6. In
determining such a request, the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
19. Distant Work
19.1 A relieving
employee other than a casual employee who is required to work at a place away
from his/her normal place of work shall be paid all additional fares involved
and additional travelling time involved at the rate of single time; provided
that no employee shall be paid more than his/her ordinary day's wages for any
time not exceeding 24 hours spent in travelling.
19.2 A relieving
employee including a casual employee who is temporarily transferred to a
locality to carry out relieving duties, where it is necessary to sleep away
from his/her home, shall be provided with reasonable board and lodging or paid
an allowance per week of seven days as set in Item 5 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
In the case of broken parts of a week, the allowance shall be all living
expenses actually and reasonably incurred but not exceeding the rate per day as
set in Item 6 of the said Table 2.
20. Fares and
Travelling Allowances
A relieving employee shall be paid:
20.1 In the
metropolitan area: the actual cost of train, boat or bus fares between the
ferries on which relief is performed;
20.2 Outside the
metropolitan area: the actual cost of fares between ferries on which relief is
performed as fixed by an established means of transport.
20.3 Where there is
no established means of public transport the rate set in Item 7 of Table 2 of
Part B - Other Rates and Allowances
21. Equal
Distribution of Work
21.1 All employees
required to work on a Sunday shall do so by regular rotation so that the time
off shall, as far as possible, be distributed equally.
21.2 All employees
shall work an equal amount of overtime as far as it is possible to arrange.
22. Accommodation
22.1 The following
are identified as minimum standards for crew amenities and/or facilities:
22.1.1 On Board
Ferries:
The following facilities shall be provided on each ferry:
(i) foam type
water jug for cool drinking water;
(ii) basins and
water container for washing;
(iii) two-burner
gas stove and kettle; and
(iv) clock.
22.1.2 On Shore:
Crew amenities rooms shall include the following:
(i) wash room,
fitted with shower, wash basin and toilet. Hot water shall be connected to the
shower and wash basin;
(ii) change room
with a locker for each employee and adequate seating accommodation; and
(iii) mess room
fitted with a sink with hot and cold running water together with an urn or
electric kettle, and adequate table and seating accommodation.
23. Protective and
Industrial Clothing
23.1 Protective
clothing will be provided free of charge by the employer to the employee as
follows: sou'wester, oilskin and rubber boots as required.
23.2 .Footwear -
Suitable working footwear will be supplied free of charge by the employer to
the employee.
23.3 Gloves shall be
provided and replaced free of cost where considered necessary.
24. Termination of
Employment
24.1 Employment may
be terminated by a week's notice being given by either side but if the employer
terminates employment without at least one week's notice the employer shall pay
the employee one week's wages in lieu thereof subject to the right of the employer
to dispense with the services of an employee for misconduct without notice at
any time. If the employer terminates
the employment elsewhere than at the employee's place of engagement or
residence the employer shall convey the employee thereto.
25. Superannuation
25.1 Employers shall
pay all employees covered by this award superannuation as is prescribed by
Federal Government legislation.
25.2 The
superannuation benefit shall be paid to an approved fund.
26. Dispute Settling
Procedure
26.1 The following
dispute settling procedure will apply to all disputes covered by this award.
26.2 Where a dispute
arises at the workplace the matter will be settled, where possible, between the
employee(s) concerned or their representative and the immediate supervisor.
26.3 Where the
matter remains unresolved, it shall be referred to the manager, who will
consult with officials from The Seamen's Union of Australia, New South Wales
Branch.
26.4 If the matter
remains unresolved, either party may refer the matter to the Industrial
Relations Commission of New South Wales.
26.5 It is agreed
that no disruption to work shall occur during the process of steps in sub
clauses 26.1 and 26.2, except where a genuine safety issue is involved.
27.
Redundancy
27.1 Application
27.1.1 In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of Clause 27.4.
27.1.2 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.
27.1.3 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.
27.2 Introduction
of Change
27.2.1 Employers duty
to notify -
(a) 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.
(b) "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 this Award makes provision for
alteration of any of the matters referred to in this clause, an alteration
shall be deemed not to have significant effect.
27.2.2 Employer's duty
to discuss change -
(a) 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 clause 27.2.1, 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.
(b) 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 clause 27.2.1.
(c) 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.
27.3 Redundancy
27.3.1 Discussions
before terminations -
(a) 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 clause 27.2.1(a), 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.
(b) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of clause 27.3.1(a)
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 of the employees concerned.
(c) 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.
27.4 Termination
of Employment
27.4.1 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 clause 27.2.1(a):
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
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Period of continuous service
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Period of Notice
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Less than 1 year
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1 week
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1 year and less than 3 years
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2 weeks
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3 years and less than 5 years
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3 weeks
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5 years and over
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4 weeks
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(b) 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.
(c) 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.
27.4.2 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 clause 27.2.1(a).
(a) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(b) 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.
(c) 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.
27.4.3 Time off during
the notice period -
(a) 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.
(b) 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.
27.4.4 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 subclause 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.
27.4.5 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.
27.4.6 Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
27.4.7 Employment Separation
Certificate - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee an Employment
Separation Certificate in the form required by Centrelink.
27.4.8 Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in clause 27.2.1, 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.
27.5 Severance
Pay
27.5.1 Where an
employee is to be terminated pursuant to 18.4 Termination of Employment,
subject to further order of the Industrial Relations Commission of New South
Wales, the employer shall pay the following severance pay in respect of a
continuous period of service:
(a) 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 4
weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service 45
Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5
weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20
weeks
(c) 'Week's 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.
27.5.2 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 clause 27.5.1.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in clause 27.5.1 will have
on the employer.
27.5.3 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 subclause 27.5.1 if the
employer obtains acceptable alternative employment for an employee.
28.
Anti-Discrimination
28.1 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
and age.
28.2 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.
28.3 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.
28.4 Nothing in this
clause is to be taken to affect:
28.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation.
28.4.2 offering or
providing junior rates of pay to persons under 21 years of age.
28.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977.
28.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
28.5 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.
NOTE
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
(c) "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.
29. Area, Incidence
and Duration
29.1 This award
shall apply to Ferry Engine Drivers and Deckhands employed, on wire drawn
ferries throughout the State, by the Government of New South Wales or any
corporate body or any lessee from or contractor with the said Government or
corporate body within the jurisdiction of the Ferries (National) Conciliation
Committee.
29.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Wire
Drawn Ferries (State) Award published on 20 March 1992 (268 IG 825) and all
variations thereof and the Wire Drawn Ferries Remuneration (State) Award
published on 31 March 1995 (284 IG 1166) and all variations thereof.
29.3 The award
published 20 March 1992 took effect from the beginning of the first pay period
to commence on or after 15 July 1991 and the variations thereof incorporated
herein on the dates set out in the attached Schedule A.
29.4 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 18 December 1998 (308 IG 307) are
set out in the attached Schedule B and take effect on 14 June 2001.
29.5 The award shall
take effect on and from 14 June 2001 and remains in force for a period of
twelve months.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Former Wage
|
SWC 2000
|
Total Rate Per
|
|
|
Rate Per Week
|
Per Week
|
Week
|
|
|
$
|
$
|
$
|
|
Master/Engine Driver
|
468.80
|
15.00
|
483.80
|
|
General Purpose Hand
|
456.60
|
15.00
|
471.60
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause
|
Brief Description
|
Amount
|
|
1
|
8.2.1
|
Continuous Shift (day, afternoon and night)
|
33.10
|
|
2
|
8.2.2
|
Two Shift Roster (day and Afternoon)
|
28.20
|
|
3
|
9.2
|
Meal Allowance
|
8.25
|
|
4
|
9.2
|
Meal Allowance
|
6.85
|
|
5
|
19.2
|
Board and Lodging Allowance
|
303.80
|
|
6
|
19.2
|
Living expenses incurred in the case of broken parts of a
week
|
43.15
|
|
7
|
20.3
|
Fares and Travelling Allowances Engine Capacity (cc)
|
|
|
|
|
Up to 1600
|
45.4 cents
|
|
|
|
|
per km
|
|
|
|
1601 to 2600
|
51.6 cents
|
|
|
|
|
per km
|
|
|
|
over 2600
|
53.5 cents
|
|
|
|
|
per km
|
|
|
|
|
|
|
Schedule A
Award and Variations Incorporated
|
Clause
|
Award/Variation
|
Date Of
|
Date Of Taking
|
Industrial
|
Gazette
|
|
|
Serial No.
|
Publication
|
Effect
|
Vol
|
Page
|
|
Award
|
B0720
|
20.3.92
|
15.7.91
|
268
|
825
|
|
Index; 3A;
|
B1236
|
28.8.92
|
22.11.91
|
271
|
485
|
|
6A; 23; 24;
|
|
|
|
|
|
|
25; 26; Part
|
|
|
|
|
|
|
B Table 1,
|
|
|
|
|
|
|
Table 2
|
|
|
|
|
|
|
4A
|
B1374
|
11.9.92
|
25.3.92
|
271
|
866
|
|
Arrangement;
|
B5292
|
7.3.97
|
30.8.96
|
296
|
1279
|
|
14A
|
|
|
|
|
|
|
14(14B)
|
B7156
|
1.10.99
|
10.12.98
|
310
|
1311
|
Splinter Award Wire
Drawn Ferries (Remuneration) (State) Award
|
Clause
|
Award/Variation
|
Date Of
|
Date Of Taking
|
Industrial
|
Gazette
|
|
|
Serial No.
|
Publication
|
Effect
|
Vol
|
Page
|
|
Award
|
B3304
|
31.3.95
|
4.10.94
|
284
|
1166
|
|
Arrangement;
|
B5860
|
12.12.97
|
9.10.97
|
302
|
756
|
|
7; 7(ii) &
|
|
|
|
|
|
|
Tables 1 of
|
|
|
|
|
|
|
Part B
|
|
|
|
|
|
|
Monetary
|
B6824
|
28.5.99
|
4.8.98
|
309
|
547
|
|
Rates; 7(ii);
|
|
|
|
|
|
|
Tables 1 & 2
|
|
|
|
|
|
|
of Part B
|
|
|
|
|
|
Schedule B
Changes Made on Review
Date of Effect: 14.6.2001
(1) Provisions
Modified:
|
Award
|
Clause
|
Previous Form Of Clause Last Published At:
|
|
|
|
IG Vol.
|
Page
|
|
Wire Drawn Ferries (State) Award
|
2
|
268
|
825
|
|
Wire Drawn Ferries (State) Award
|
3
|
268
|
826
|
|
Wire Drawn Ferries (State) Award
|
3A
|
271
|
486
|
|
Wire Drawn Ferries (State) Award
|
4
|
268
|
826
|
|
Wire Drawn Ferries (State) Award
|
4A
|
271
|
866
|
|
Wire Drawn Ferries (State) Award
|
5
|
268
|
826
|
|
Wire Drawn Ferries (State) Award
|
6
|
268
|
827
|
|
Wire Drawn Ferries (State) Award
|
7
|
268
|
827
|
|
Wire Drawn Ferries (State) Award
|
8
|
268
|
828
|
|
Wire Drawn Ferries (State) Award
|
9
|
268
|
828
|
|
Wire Drawn Ferries (State) Award
|
10
|
268
|
828
|
|
Wire Drawn Ferries (State) Award
|
11
|
268
|
828
|
|
Wire Drawn Ferries (State) Award
|
12
|
268
|
828
|
|
Wire Drawn Ferries (State) Award
|
13
|
268
|
829
|
|
Wire Drawn Ferries (State) Award
|
14
|
268
|
829
|
|
Wire Drawn Ferries (State) Award
|
15
|
268
|
830
|
|
Wire Drawn Ferries (State) Award
|
16
|
268
|
830
|
|
Wire Drawn Ferries (State) Award
|
17
|
268
|
830
|
|
Wire Drawn Ferries (State) Award
|
18
|
268
|
831
|
|
Wire Drawn Ferries (State) Award
|
19
|
268
|
831
|
|
Wire Drawn Ferries (State) Award
|
21
|
268
|
832
|
|
Wire Drawn Ferries (State) Award
|
22
|
268
|
832
|
|
Wire Drawn Ferries (State) Award
|
25
|
268
|
833
|
|
Wire Drawn Ferries (State) Award
|
26
|
268
|
833
|
|
Wire Drawn Ferries (State) Award
|
Table 1 of Part B
|
271
|
489
|
|
Wire Drawn Ferries (State) Award
|
Table 2 of Part B
|
271
|
489
|
(2) Provisions
Removed:
|
Award
|
Clause
|
Previous Form Of Clause Last Published At:
|
|
|
|
IG Vol.
|
Page
|
|
Wire Drawn Ferries (State) Award
|
1
|
268
|
825
|
|
Wire Drawn Ferries (State) Award
|
6A
|
271
|
487
|
|
Wire Drawn Ferries (State) Award
|
20
|
268
|
832
|
|
Wire Drawn Ferries (State) Award
|
23
|
271
|
487
|
|
Wire Drawn Ferries (State) Award
|
24
|
271
|
489
|
|
Wire Drawn Ferries (State) Award
|
Appendix
|
268
|
835
|
(3) Rescinded
Obsolete Awards Related to this Review:
|
Award
|
Previous Form Of Clause Last Published At:
|
|
|
IG Vol.
|
Page
|
|
Wire Drawn Ferries (Remuneration) (State) Award
|
309
|
547
|
Ferries (National)
Conciliation Committee
Industries and
Callings
Masters, engineers, engine drivers, firemen, general purpose
hands, ship keepers, wharf hands, cleaners, turnstile hands, passage hands,
charge hands, collectors, steersmen and motor hands employed on the National Ferries
throughout the State by the Government of New South Wales, or any corporate
body or any lessee from or contractor with the said Government or corporate
body.
F.
MARKS J.
____________________
Printed by the authority of the Industrial Registrar.