GIST OPERATIONS (NSW) AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by BOC Limited.

 

(No. IRC 2863 of 2005)

 

 

AWARD

 

part 1

 

APPLICATION, OPERATION AND PURPOSE OF AWARD

 

1.1.  Title

 

This Award will be known as the GIST Operations (NSW) Award 2005.

 

1.2.  Area and Incidence

 

1.2.1     This Award applies to the exclusion of any other Award in New South Wales and binds GIST and employees of GIST employed at GIST Operations in the State of New South Wales:

 

a)         who are members or are eligible to be members of the National Union of Workers’ (hereafter ‘NUW’); and

 

b)         who are covered by the classifications set out in Clause 4.3 of this Award.

 

1.3.  Duration

 

1.3.1     This Award shall take effect from 21 June 2005 and shall remain in force for a period of three years.

 

1.3.2     It is a term of this Award that the parties shall make no extra claims unless pursued under the mechanisms provided for within this Award.

 

1.3.3     Negotiations for a new Award will commence no later than two months prior to the expiry date of this Award.

 

a)         Acting ethically, constructively and co-operatively with our customers, each other and business associates.

 

b)         Developing an achievement orientated work environment where recognition and reward are based on the individual and team contribution to the Company’s Critical Success Factors (CSFs) as measured by Key Performance Indicators (KPIs).

 

1.4.  Anti - Discrimination

 

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

 

1.4.2     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 this award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

1.4.3     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.

 

1.4.4     Nothing in this clause is to be taken to affect:

 

a)         any conduct or act which is specially 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.

 

1.4.5     This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES:

 

a)         Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

b)         Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act effects. 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."

 

Part 2

 

REDUNDANCY

 

2.1.  Application

 

2.1.2     This clause shall apply in respect of full-time and part-time persons employed in the classifications specified.

 

2.1.2     Subject to anything contained elsewhere in this award, this award 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.

 

2.1.3     Subject to anything contained elsewhere in this award, this award 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.

 

2.2.  Introduction of Change

 

2.2.1     Employer's 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.

 

2.2.2     Employer's duty to discuss change

 

a)         The employer shall discuss with the employees affected and the union to which they belong, the introduction of the changes referred to in 2.2.1, 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 possible after a definite decision has been made by the employer to make the changes referred to in 2.2.1.

 

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.

 

2.3.  Redundancy

 

2.3.1     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 to be done by anyone pursuant to 2.2, 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 2.3.1(a) and shall cover, any reason 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.

 

c)         For the purposes of the discussion the employer shall, as soon as practicable, provided to the employees concerned and the union to which they belong all relevant information about the proposed terminations, the number and categories of employees likely to be affected, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of employees 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.

 

2.4.  Termination of Employment

 

2.4.1     Notice for changes in production, program, organisation or structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with 2.2:

 

a)         In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

 

 

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.

 

2.4.2     Notice for technological change - This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with 2.2:

 

a)         In order to terminate the employment of an employee, the employer shall give to the employee three 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.

 

2.4.3     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 purpose 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.

 

2.4.4     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 clause to which the employee would have been entitled 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.

 

2.4.5     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.

 

2.4.6     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.

 

2.4.7     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.

 

2.4.8     Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in 2.2, 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.

 

2.5.  Severance Pay

 

2.5.1     Where an employee is to be terminated pursuant to 2.4, Termination of Employment, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee 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:

 

 

b)         Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

 

c)         "Weeks' pay" means the all-purpose rate 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 paid in accordance with Table 1 - Wages, of Part B, Monetary Rates, as varied.

 

2.5.2     Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in 2.6.1. 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 2.5.1 will have on the employer.

 

2.5.3     Alternative employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in 2.5.1 if the employer obtains acceptable alternative employment for an employee

 

PART 3

 

DISPUTE RESOLUTION

 

3.1.  Dispute and Grievance Procedure

 

3.1.1     The parties to the Award agree to strictly adhere to resolving all grievances or disputes by prompt discussion without resort to, or threat of, industrial bans or stoppages.

 

3.1.2     All parties accept that matters will be resolved in accordance with the following procedure and service to the customer will always continue without interruption or delay, with employees carrying out their duties.

 

3.1.3     If a dispute arises in relation to the course of employment work will continue at the reasonable direction of the company until the matter is resolved in accordance with this Dispute and Grievance Procedure.

 

3.1.4     Safety issues arising during the course of employment will be addressed in accordance with GIST safety policies and procedures.

 

3.1.5     In the event of any dispute arising as to the interpretation of this Award or any dispute arising in the course of employment it shall be processed in accordance with the following Grievance Procedure.

 

3.1.6     Grievance Procedure

 

a)         When a grievance arises the matter shall in the first instance be discussed between employee(s) and the Team Leader involved.

 

b)         If the matter remains unresolved it shall be referred by the person(s) raising the grievance for discussion between the union delegate and the relevant GIST Line Manager or their representative.

 

c)         If the matter remains unresolved

 

d)         it shall be referred in writing to officials of the union and nominated GIST Operations Manager.

 

e)         If the matter remains unresolved either party may refer the matter to the New South Wales Industrial Relations Commission.

 

PART 4

 

EMPLOYMENT RELATIONSHIP AND DUTIES

 

4.1.  Contract of Employment

 

4.1.1     The employment of permanent GIST employees will be on a weekly basis.

 

4.1.2     Employees shall perform such duties as GIST shall from time to time reasonably require having regard to the employee’s skill, competency and safety.

 

4.2.  Part-Time Work

 

4.2.1     An employee may be engaged on a part-time basis.

 

4.2.2     A part-time employee shall be entitled to a minimum start per occasion of four (4) hours.

 

4.2.3     The number of hours a part time employee is to be rostered to work each week shall be agree between the employer and the employee at the commencement of employment. This number of hours can only be varied with the agreement of both the employer and the employee.

 

4.2.4     A part time employee may agree to work additional hours and/or on additional days up to a maximum of 38 hours per week and 5 days without the payment of overtime.

 

4.2.5     A part-time employee will be paid in accordance with the hourly classification rate of pay contained in Table 1 of Clause 5.1 of this Award.

 

4.2.6     Subject to this Clause, all the provisions of this Award shall apply to a part-time employee on a pro rata basis.

 

4.3.  Classification Structure

 

4.3.1     Employees covered by this Award shall be classified under a four (4) level structure.

 

4.3.2     Employees shall:

 

a)         be responsible for the proper application and maintenance of appropriate occupational health and safety standards.

 

b)         perform a wider range of duties, including work which is incidental or peripheral to their main tasks or functions.

 

c)         perform such work as is reasonable and lawfully required by them by the employer, including accepting instructions from authorised personnel.

 

d)         not impose or enforce demarcation barriers between the work covered by this Award.

 

e)         not impose any limitations or enforce any limitations on supervisors or technical personnel demonstrating the use of new equipment, machinery or technology.

 

4.3.3     GIST Operative Level 1 - is an employee who performs work to the level of their skills, competency and training and:

 

is responsible for the quality, accuracy and rate of their own work

 

works in a team environment

 

undertakes to work safely

 

exercises discretion

 

possesses good interpersonal and communications skills

 

use of electronic equipment e.g. scanner

 

tasks undertaken by an employee at this level include but are not limited to:

 

General labouring and cleaning duties

 

Order assembling and picking stock

 

Loading/unloading

 

Receiving, checking, dispatching and sorting of products

 

Satisfying internal and external customer needs

 

Operation of a keyboard to carry out stores work

 

Documenting and recording of goods, materials and components

 

Basic inventory control

 

Use of hand trolleys and pallet trucks.

 

4.3.4     GIST Operative Level 2 - In addition to performing the duties of a GIST Operative Level 1 has:

 

at least six (6) months employment with GIST as a GIST Level 1 Operative and has acquired the skills of a GIST Level 2 Operative and has been assessed as competent by their Team Leader

 

shall be required to drive and/or use materials handling equipment which requires licensing/certification

 

shall be required to assist in the training and development of a GIST Operative Level 1.

 

4.3.5     GIST Operative Level 3 - shall be appointed to the position at the discretion of the employer. In addition to undertaking work of lower grades an employee appointed to this level will be expected to undertake a scope of work including but not limited to:

 

able to work from complex instructions and procedures

 

able to co-ordinate work in a team environment

 

responsible for assessing the quality of their own work

 

possesses sound interpersonal and communications skills

 

licensed and/or certified to operate all appropriate handling equipment e.g. forklift, mobile crane, carousel

 

inventory and stores control

 

VDU operation using intermediate keyboard skills

 

routine maintenance of stores equipment and machinery; and

 

accredited as competent in the understanding of regulations relating to handling, storage and loading/unloading of specific products e.g. chemicals and solvents.

 

4.3.6     GIST Operative Level 4 - shall be appointed to the position at the discretion of the employer. In addition to undertaking work of lower grades an employee appointed to this level will be expected to undertake a scope of work including but not limited to:

 

undertakes and/or implement and is responsible for the quality control of their own and others work

 

possesses a superior level of interpersonal and communication skills

 

demonstrates a sound working knowledge of all work performed by lower grades, exercises discretion, and has an extensive product knowledge

 

accredited as competent in the understanding of regulations relating to handling, storage and loading/unloading of specific products e.g. chemicals and solvents

 

performs work without supervision, either individually or in a team environment

 

shall be competent and licensed/certified to operate materials handling equipment e.g. forklift, mobile crane and

 

shall be responsible for quality control of the work of other GIST Operatives.

 

4.4.  Termination of Employment

 

4.4.1     Notice of Termination by Employer

 

a)         In order to terminate the employment of an employee the employer must give to the employee the following notice:

 

 

b)         In addition to the notice in 4.4.1(a) employees over 45 years of  age at the time of the giving of the notice with not less than two years service, are entitled to an additional week's notice.

 

c)         Payment in lieu of the notice prescribed in 4.4.1(a) and 4.4.(b) must  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.

 

d)         In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice, had their employment not been terminated, must be used.

 

e)         The period of notice in this clause does not apply in the case of dismissal for serious misconduct, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

 

4.4.2     Notice of Termination by Employee

 

(a)        The notice of termination required to be given by an employee shall be one week. If an employee fails to give notice the employer has the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

4.4.3     Summary Dismissal

 

(a)        The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.

 

PART 5

 

AGGREGATE WAGE AND RELATED MATTERS

 

5.1.  Aggregate Wage

 

5.1.1     Employees shall be entitled to receive the Wage as set out in Table 1 of Part 2 for their appropriate classification contained in Table 1 of this Award.

 

5.1.2     The Wage prescribed in Table 1 of Part 2 is inclusive of allowances (i.e. annual leave loading, meal monies, fork lift, mobile crane, dirty work, hot places, wet places, obnoxious materials and first aid).

 

5.1.3     The wages as prescribed in Table 1 of Part 2 shall apply for the nominal period of this award

 

5.1.4     Upon commencement of this Award the wage in Column 2 of Table 1 of Part 2 shall apply

 

5.1.5     The wages prescribed in column 3 of Table 1 of Part 2 shall apply from the first full pay period or 12 months from the date this Award applies;

 

5.1.6     The wages prescribed in column 4 of Table 1 of Part 2 shall apply from the first full pay period or 24 months from the date this Award applies;

 

5.2.  Payment of Wages

 

Remuneration will be paid weekly into a maximum of five bank account(s) nominated by the employee.

 

5.3.  Higher Duties

 

An employee employed in a higher classification for the whole of a shift shall receive the higher rate of pay for the full day.

 

5.4.  Fares and Travelling Time

 

All employees shall be paid at single time for all additional time occupied in travelling to and from work when they are required or directed to work at a place other than their usual place of work.

5.5.  Superannuation

 

The Company offers employees choice of funds where required and allowed by legislation. Upon commencement of employment the Company will offer employees the opportunity to join the BOC Superannuation Fund. The Company will make contributions as required into the appropriate fund.

 

PART 6

 

HOURS OF WORK

 

6.1.  Ordinary Hours of Work

 

6.1.1     The ordinary hours of work for all employees shall average 38 hours per week over a 4 week period.

 

6.1.2     Employees shall not work more than 10 or less than 4 ordinary hours in any one shift.

 

6.1.3     Employees shall be rostered to work ordinary hours on any five days Monday to Sunday.

 

6.1.4     Employees will be provided with a break of a least 10 hours between the completion of one shift and the commencement of the next shift (inclusive of overtime)

 

An employee shall be excused from work without loss of pay until the 10 hour period has elapsed.

 

Where an employee is required to return to work before the completion of such 10 hours the employee shall be paid at time and a half until the ten hours have elapsed.

 

6.2.  Day Work

 

Day work shall be worked where the ordinary hours are wholly performed between 5.00am and 6.30pm. Monday to Sunday.

 

6.3.  Shift Work

 

6.3.1     For the purposes of this Clause

 

a)         "Afternoon Shift" means - any shift finishing after 8.00pm and at or before 1.00am.

 

b)         "Night Shift" means - any shift finishing subsequent to 1.00am and at or before 8.00am

 

c)         "Continuous Shift Work" means - where an employee is engaged for the entirety of one week on Afternoon or Night Shift.

 

6.3.2     Shift Allowances

 

a)         Where an employee is engaged on Continuous Shift Work (whether Afternoon Shift, Night Shift or a combination of both) the employee shall be paid a loading of 15% for the shifts worked in addition to their ordinary hourly rate.

 

b)         Where an employee is engaged on non-continuous Afternoon Shift or Night shift the employee shall be paid a loading of 50% for the shift in addition to their ordinary hourly rate.

 

6.4.  Weekend Work

 

6.4.1     Where an employee is required to commence a shift between Midnight Friday and Midnight Saturday the employee shall be paid a loading of 50% in addition to the ordinary hourly rate. This loading shall be paid in lieu of any applicable shift loading.

 

6.4.2     Where an employee is required to commence a shift between Midnight Saturday and Midnight Sunday the employee shall be paid a loading of 100% in addition to the ordinary hourly rate. This loading shall be paid in lieu of any applicable shift loading.

 

6.5.  Overtime

 

6.5.1     Over time shall be paid where an employee is expected and required to work hours in excess of those prescribed in clause 6.1.

 

6.5.2     Overtime shall be paid at the rate of time and a quarter for the first two hours and then time and half for all time there after.

 

6.5.3     Where applicable overtime rates shall be added to any shift or weekend loading.

 

6.6.  Rosters

 

6.6.1     The Company shall post a roster showing starting and finishing times at least 14 days in advance of the shift to be worked.

 

6.6.2     The Company may change the posted roster by;

 

a)         Providing an employee at least 7 days notice;

 

b)         In the case of unforeseen circumstances, providing an employee 12 hours notice; or

 

c)         At any other time by agreement with an employee.

 

6.7.  Breaks

 

6.7.1     All employees shall be allowed a ten (10) minute paid break as a rest break. This break shall be taken consistent with the needs of the business.

 

6.7.2     No employee shall be required to work more than five (5) continuous hours without a break for a meal.

 

6.7.3     Day Workers will be provided with an additional thirty (30) minute unpaid meal break. This break shall also be taken consistent with the needs of the business.

 

6.7.3     Shift workers shall be provided with a twenty (20) minute paid meal break. This break shall also be taken consistent with the needs of the business.

 

PART 7

 

LEAVE

 

7.1.  Sick Leave

 

7.1.1     In the first year of employment, five days, and thereafter ten days paid sick leave is available each year if an employee is unable to attend work because they are ill.

 

7.1.2     To be eligible for the sick leave payment an employee must notify their Team Leader within an hour of the commencement of the shift.

 

7.1.3     Medical certificates must be provided by an employee for sick leave in excess of one consecutive working day or one working day before and/or after a public holiday.

 

7.1.4     If an employee takes more than 2 single day absences during a 12 month period, their line manager may request a medical certificate for any further absences.

 

7.2.  Personal/Carer’s Leave

 

7.2.1     Use of Sick Leave

 

a)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 7.2.1(c)(2) 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 21, 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:

 

1)         a spouse of the employee; or

 

2)         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

 

3)         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

 

4)         a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

5)         a relative of the employee who is a member of the same household, where for the purposes of this subparagraph

 

a)         "relative" means - a person related by blood, marriage or affinity;

 

b)         "affinity" means - a relationship that one spouse because of marriage has to blood relatives of the other; and

 

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

 

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.

 

7.2.2     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 7.2.1(c)(2) who is ill.

 

7.2.3     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 7.2.3(a), 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.

 

7.2.4     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 7.2.4. (a), 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 7.2.4(a) the employee shall be paid overtime rates in accordance with the award.

 

7.2.5     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.

 

7.3.  Bereavement Leave

 

7.3.1     An employee, other than a casual employee, shall be entitled to two days bereavement leave without deduction of pay, up to and including the day after the funeral, on each occasion of the death of a person as prescribed in 7.2.1(c).

 

7.3.2     Provided that, if the employee claims payment for such leave in excess of two ordinary days, the employee shall furnish, if required, proof satisfactory to the employer that the employee attended the funeral.

 

7.3.3     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.

 

7.3.4     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 7.2.1(c)(2) of clause 7.2 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.

 

7.3.5     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.

 

7.3.6     Bereavement leave may be taken in conjunction with other leave available under 7.2.2, 7.2.3, 7.2.4 and 7.2.5. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

7.4.  Jury Service

 

7.4.1     An employee shall be allowed leave of absence during any period when required to attend for jury service.

 

7.4.2     During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's award rate of pay as if working. An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

 

7.5.  Public Holidays

 

7.5.1     The following public holidays will be recognised: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day, or any other day observed, proclaimed or gazetted for the public in the State of New South Wales.

 

7.5.2     Agreement may be reached between the company and a majority of employees to observe any public holiday on a day other than the day prescribed.

 

7.5.3     Employees who take an unauthorised absence from employment the working day immediately before or after a public holiday shall not be entitled to payment for the public holiday without the production of a medical certificate.

 

7.5.4     An employee require to work ordinary hours on a Public Holiday shall be paid a loading of 100%, this allowance shall be paid in lieu of any weekend or shift allowance.

 

7.5.5     An employee required to work on Christmas Day or Good Friday shall be paid this at triple time. This penalty allowance shall be paid in lieu of any weekend or shift allowance.

 

PART 8

 

NO EXTRA CLAIMS

 

8.1        The parties agree that the wage increases and other improvements in conditions of employment provided for by this Agreement are in full settlement of all existing claims made by the employees and the Union.

 

8.2        It is a term of this Agreement that the employees and the Union will not pursue any extra claims, award or over-award, for improvement in wages or other terms and conditions of employment for the duration of this Agreement.

 

8.3        The parties agree that the wage increase and other improvements in conditions of employment provided for in this Agreement are in lieu of any improvement in wages or conditions of employment provided for under any decision of the NSW Industrial Relations Commission (including any Safety Net Adjustment decision or State Wage Case decision) which is handed down prior to or during the life of this Agreement and no claim can be made for any such increase during or after the term of this Agreement.

 

Part B

 

Rates of Pay

 

 

 

 

B. W. O'NEILL, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.