Funeral Industries (State) Reviewed
Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 666 of 2008)
Before Commissioner
Bishop
|
11 November 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Anti-Discrimination
3. Hours -
Part I
4. Rosters
and Days Off Duty
5. Wages -
Part I
6. Overtime -
Part I
7. Carrying
of Caskets
8. Special
Cases
9. Hours -
Part II
10. Wages -
Part II
11. Overtime -
Part II
12. Sunday and
Holiday Rates
13. Tool
Allowance
14. Definitions
15. Meal Times,
Crib Times and Meal Allowances
16. Saturday
and Sunday
17. Holidays
18. Annual
Leave
19. Annual
Holidays Loading
20. Long
Service Leave
21. Long
Service Leave Allowance
22. Sick Leave
23. Termination
of Employment
24. Personal/Carer’s
Leave
25. Rest Pause
26. Provision
of Clothing, Gloves, Etc.
27. Funeral
Vehicles
28. Compassionate
Leave
29. Jury
Service
30. Payment of
Wages
31. Union
Meetings
32. Parental Leave
33. Interchange
of Employees
34. Entering
Premises
35. Right of
Entry
36. Sydney
Chevra Kadisha
37. Embalming
38. Redundancy
39. Superannuation
40. Casual
Conversion
41. Dispute
Avoidance and Grievance Procedures
42. Traineeships
43. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in section
3f of the Industrial Relations Act 1996 (NSW) to prevent and eliminate
discrimination in the workplace on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) 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.
(iii) Under the Anti-Discrimination
Act 1977 (NSW) 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.
(iv) 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 (NSW).
(d) A party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
(v) 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 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."
PART I
FUNERAL DIRECTORS
3. Hours
(i) Weekly
Employees - Day Workers
(a) The ordinary
working hours for all employees, other than Resident Managers, Relieving
Managers, Non-Resident Officers and Duty Officers, shall be an average of 38
hours per week worked in accordance with the following provisions for a
four-week work cycle.
(1) Subject to
sub-paragraph 3, ordinary working hours shall be worked as a 20 day, four week
cycle of eight hours each, Monday to Friday, inclusive, between the hours of
7.00 a.m. and 8.00p.m with 0.4 (2/5ths) of one hour each day worked accruing as
an entitlement to take one day off during the four week cycle as a rostered day
off, paid for as though worked.
(2) Subject to
sub-paragraph 9, the rostered day off shall be taken within the four-week
cycle, between Mondays to Friday, on a day allocated by the employer.
(3) Without limiting
the right of an employer to stagger commencing and finishing times in
accordance with sub-paragraph (1), an employer may enter into agreement with its
employees, on an individual or collective basis, to provide for the alteration
of commencing time earlier than 7.00 a.m. provided that the ordinary hours
shall not exceed eight per day.
(4) In cases of
emergency, the ordinary commencing and finishing times of work shall be
alterable by giving at least 3 day's notice to the employee(s) concerned.
(5) Except as
provided for in sub-paragraphs, (6), (7), or (8) of this paragraph, in cases
where an employee, in accordance with sub-paragraph (1) hereof, is entitled to
a day off during his/her work cycle such employee shall be advised by the
employer at least 4 weeks in advance of the week day he/she is to take off.
(6) In the case of
an emergency, and if at least one day's notice is given, an employer may substitute
the employee's rostered day off for another day.
(7) An employee who
is required by his/her employer to work on his/her rostered day off in
circumstances other than those in sub-paragraph (6) shall be granted an
alternative day off to be taken at a mutually agreed time.
(8) An individual
employee, with the agreement of his/her employer, may substitute the day he/she
is to take off for another day.
(9) An employer may
hold up to a maximum of 5 days accrued in accordance with sub‑paragraph
(1).
The accrued days are to be taken at a time mutually
agreed between the employer and the employee, but within twelve months of the
date the first rostered day off accrued under this sub-paragraph.
(10) In the absence
of agreement being reached between an employer and its employees on any of the
abovementioned matters, the Disputes Procedure of this Award shall be used to
resolve the issue. Failing this, the
parties shall refer the matter to the Industrial Commission of New South Wales
for resolution.
(11) The ordinary
hours of work of resident managers and relieving managers shall be in
accordance with subparagraph (1) of this paragraph except that such hours may
be worked Monday to Saturday, inclusive.
(12) The ordinary
hours of work of non-resident officers and duty officers shall be in accordance
with subparagraph (1) of this paragraph; provided that such hours shall be
worked between the hours of 7.00 a.m. and 10.00 p.m.; and provided further that
all ordinary hours worked by non-resident officers and duty officers which
commence at 12 noon or thereafter shall be paid for at the ordinary rate of
wage as provided for in subclause (i) of Clause 5 - Wages, of this award, plus
15 per cent.
(13) A resident
manager may, by agreement between the employee and the employer, take a Sunday
off in lieu of a rostered day off.
(ii) Casual
Employees
(a) The ordinary
working hours of casual employees shall be a minimum of four hours per day.
(b) Commencing and
ceasing times:
(1) Casuals may work
ordinary hours between 7.00 a.m. and 8.00 p.m. Monday to Saturday inclusive.
(2) During ordinary
hours, Casuals shall work a minimum four hours for each start. Outside of
ordinary hours Casuals shall work a minimum of two hours for each start.
(iii) Afternoon
Shift Workers
(a) The ordinary
hours of work for afternoon shift workers shall be worked as a twenty‑day,
four‑week cycle of eight hours each, Monday to Friday, inclusive, between
the hours of 11.00 a.m. and 8.00 p.m., and shall be paid for at the ordinary
rate of wage as provided for in subclause (i) of Clause 5 - Wages, of this
award, plus 15 per cent, with a meal break of not less than forty-five minutes
nor more than one hour on each day worked, to be taken when required by the
employer with 0.4 (2/5) of one hour each day worked accruing as an entitlement
to take one pre-determined day as a day off paid for as though worked, provided
that such day off shall be taken in accordance with subparagraph (2) of
paragraph (a) of subclause (i) of this clause and provided further that no
hours shall be accrued in respect of any overtime worked, whether worked on an
ordinary working day or on an overtime day.
(iv) For the
purposes of subclauses (i) and (iii) of this clause, the words "each day
worked" shall include each day of annual leave taken but shall not include
any day taken on any other form of leave whether or not the other form of leave
is paid or unpaid leave.
4. Rosters and Days
Off Duty
(i) Every employer shall,
by legible notice which shall bear the date when it is fixed, exhibit and shall
keep exhibited in a place accessible to employees, the starting and finishing
times for each employee, other than casual, for each day of the week within the
span of hours in Clause 3 - Hours, of this award. Except as provided for in sub-paragraphs 3 and 4 of Clause 3 -
Hours, Clause 15 - Meal Times, Crib Times and Meal Allowances, of this award,
as to meal breaks, such roster shall not be changed unless not less than seven
days notice is given by posting such alteration in the yard.
(ii)
(a) All Resident
Managers and Resident Arranging Officers working under this award shall be
given at least one day off duty in each week. Such day off duty, excepting in
the circumstances mentioned in subclauses (vii) and (viii) of this clause,
shall be a full 24 hours' duration.
Such day off duty shall be a rostered day, Monday to Saturday,
inclusive, provided that on ten occasions per year such rostered time off shall
be for a period of 36 hours. Such 36-hour period off duty shall be arranged by
agreement between the employer and the employee and shall be between 8.00 a.m.
on the first day and 8.00 p.m. on the following day, subject to the
availability of relief or other resident officers in the same organisation
being not off duty. All other employees working in accordance with paragraph
(b) of subclause (ii) of Clause 3 - Hours, of this award, shall be given at
least one rostered day off duty in each week; provided that unless mutually
agreed, relieving managers will be rostered off at least fifty per cent on
Saturdays.
(b) Where an
employee's rostered day off duty falls on any of the days specified as a
holiday in Clause 17 - Holidays, of this award, and he/she is deprived of a day
off, the employee shall be given another day off duty within fourteen days.
(iii) A roster shall
be posted at each place of employment setting out days off duty not less than
four weeks in advance and a register of days off duty actually taken shall be
kept at each work place.
(iv) Redirection
services may be utilised by an employer during those hours where a resident
manager is on his/her rostered days off duty, on annual leave or absent from
the premises for any other reason, if the employer does not consider a
relieving manager necessary.
(v) It is the
employer's prerogative to determine, after having considered all factors
connected with a particular branch or head office, how he/she wants any
particular premises attended to, i.e., by resident officers, relieving
officers, non-resident officers, answer telephone or redirection signs or
services or any combination of them.
(vi) Resident
Managers, Resident Arranging Officers, Relieving Managers, Non-Resident
Officers and Duty Officers shall, when required for relief work in accordance
with this clause, participate in rosters and work overtime to meet the needs of
the industry.
(vii) Notwithstanding
anything elsewhere contained in this clause, where, through any emergency or
unforeseen accident, proof whereof shall be upon the employer, the employer is
unable to provide relief after 11.00 p.m., and where the employer considers it
necessary to have an officer in attendance on the premises, by mutual
arrangement the resident manager may be required to return to the premises at
11.00 p.m. In such cases the resident manager will be compensated by an
additional half day off.
(viii) Notwithstanding
anything elsewhere contained in this clause where, through any emergency or
unforeseen accident, proof whereof shall be upon the employer, an employee is
required by the employer to work on the rostered day off duty, shall be given
another day off duty within fourteen days after he/she has worked on such day.
(ix) In addition to
the days off prescribed in paragraph (a) of subclause (ii) of this clause,
Resident Managers and Resident Arranging Officers shall be allowed an
additional five days off duty in each year, such days off shall be between 8.00
a.m. and 5.00 p.m. and shall be taken as arranged between the Resident
Arranging Officers and the employer.
(x) The spouse of
the Resident Manager or Resident Arranging Officer shall be allowed the same
days off duty.
(xi) An employee,
when relieving a Resident Manager or Resident Arranging Officer on his/her 24
hours off duty, shall be paid the applicable overtime rates from the employee’s
rostered finishing time for all time worked until 11.00 p.m.; provided that
this clause shall not apply to a Resident Manager or Resident Arranging Officer
relieving in accordance with paragraph (b) of subclause (x) of Clause 6 -
Overtime, of this award.
(xii) An employee,
when relieving a Resident Manager on his/her 24 hours off duty, who is required
to remain on the premises overnight shall be paid the appropriate overtime
rates from the employee’s rostered finishing time until 11.00 p.m.; provided
that this provision shall not apply to a Resident Manager relieving in
accordance with paragraph (b) of subclause (x) of Clause 6 - Overtime, of this
award. For the period 11.00 p.m. until 8.00
a.m., he/she will be paid the appropriate stand-by rate as provided in
subclause (vi) of Clause 6 - Overtime, of this award; provided that subclause
(iii) of Clause 6 - Overtime, of this award shall not apply.
(xiii) An employee, when
relieving a Resident Manager or Resident Arranging Officer who is off duty on a
Sunday or holiday will be given a day off in lieu at a time mutually agreed
between the employer and the employee for being in attendance at head office or
a branch from 8.00 a.m. until 5.00 p.m. on such day. The provisions of
subclauses (xi) and (xii) of this clause shall apply to any time worked after
5.00 p.m.
5. Wages
(i) The rates of
pay shall be the minimum to be paid to weekly employees in the classifications
as set out in Table 1 of Part B of this award:
The rates of pay in this award include the adjustments
payable under the State Wage Case 2006, the State Wage Case 2007 and the State
Wage Case 2008. 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, State Wage Case, and minimum
rates adjustments.
(ii) Casuals
(a) Casuals may be
employed in any of the classifications in subclause (i) of this clause, and
shall be paid one thirty‑eighth of the weekly rate for the appropriate
classification plus 15 per cent.
(b) Casual employees
are also entitled to be paid 1/12th of the employee’s ordinary pay, as defined
in the Annual Holidays Act 1944 to pay for the employees’ annual holiday
entitlement.
(c) All sums payable
to casual employees shall be paid to them at the termination of their
engagement.
(iii) Juniors
(a) The minimum
weekly rates of pay to be paid to juniors shall be the following percentages of
the minimum rate of pay for the appropriate classification as set out in
subclause (i) of this clause:
|
Percentage
|
|
%
|
18 years and under 19 years
|
48
|
19 years and under 20 years
|
60
|
20 years and under 21 years
|
72
|
21 years and over
|
100
|
(iv) Relieving
Manager
An employee relieving a resident manager on annual
leave or on days off if required to reside on the premises shall be paid a
weekly wage at the rate of a resident manager, a living-away allowance as set
out in Item 1 of Table 2 except as provided for in subclauses (xi), (xii) and
(xiii) of Clause 4 - Rosters and Days Off Duty, of this award.
(v)
(a) A Resident
Manager who is required by his/her employer to perform the general cleaning of
a business section of head office or branch premises outside the employee’s
normal rostered hours shall be paid a cleaning fee at the rate as set out in
Item 2 of Table 2.
(b) Such payment
shall not apply to the cleaning of flower petals and like from a chapel and
vestibule after a funeral service.
(c) Work shall not
be considered to have been performed for the purpose of this clause unless a
claim therefore is made in the daily or weekly time sheets or otherwise within
fourteen days after the performance of such work.
(v) Each Resident Manager
shall, for the due performance of the employee’s duties, reside at the premises
of which the employee is manager and shall be provided therewith quarters which
include necessary floor coverings and blinds and with fuel and lighting.
(vi) An employee
shall carry out all duties, as directed by the employer, which are within the
limits of the employee's skill, competence and training.
(vii) Part Time Work
(a) An employee may
be engaged on a part time basis. A part time employee shall mean a weekly
employee engaged to work regular days and regular hours, either of which are
less than the number of days or hours worked by a full time employee.
(b) A part time
employee is entitled to a minimum start per occasion of 3 continuous hours,
except:
(i) where the
employer and the employee concerned agree that there shall be a start of 2
continuous hours on 2 or more days per week, provided that:
1. a 2 hour start
is sought by the employee to accommodate the employee’s personal circumstances,
which must be specified, or
2. the place of
work is within a distance of 5 kilometres of the employee’s place of residence
(c) A part time
employee may work up to 38 hours per week without the payment of overtime.
(d) A part time
employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a
full time employee of the same classification contained in Table 1 of Part B
Monetary Rates of this Award.
(e) Any hours worked
by a part time employee outside the ordinary hours of work as set out in Clause
1, or in addition to the 38 hours per week shall be paid at overtime rates.
(f) Subject to this
clause, all the provisions of the award shall apply to a part time employee on
a pro rata basis.
6. Overtime
(i) All employees
shall be paid in accordance with the following provisions:
(a) Time and
One-Half
(1) Monday to
Friday, inclusive, for all time worked in excess of the ordinary hours of work
between 7.00 a.m. and the ordinary commencing time and for the first two hours after
the ordinary ceasing time.
(2) Saturday for the
first two hours worked in excess of the ordinary hours of work and double time
thereafter.
(3) On Saturday for
all time worked by Resident Managers and Relieving Managers on their Saturday
on duty in excess of the ordinary rostered hours of work between 7.00 a.m. and
6.00 p.m.; provided that for all funeral, removal or delivery work by Resident
Managers, Relieving Managers, Non-Resident Officers and Duty Officers, during
their ordinary rostered hours on duty on a Saturday one-half time in addition
to their ordinary pay shall be paid.
(4) All engagements
for funeral work on Saturday shall commence not later than 10.00 a.m.
(b) Double Time
(1) Sunday for all
time worked between 7.00 a.m. and 10.00 p.m.
(2) Monday to
Friday, inclusive, for all time worked two hours after the ordinary ceasing
time.
(3) Saturday for all
time worked from midnight Friday to 7.00 a.m. Saturday on all work and after
the first two hours of work on a Saturday morning, for hours in excess of
ordinary hours as prescribed by this award.
(c) Double Time and
One-Half
(1) For all time
worked between 7.00 a.m. and 10.00 p.m. on holidays.
(2) For all time
worked between midnight Saturday and 7.00 a.m. on Sunday.
(3) For all time worked
between 10.00 p.m. and midnight on a Sunday.
(4) For all time
worked during an employee's ordinary rostered hours of work on a holiday shall
be paid for at the rate of double time and one-half in addition to the ordinary
weekly wage.
(d) Treble Time
(1) For all time
worked between the hours of midnight and 7.00 a.m. on a holiday.
(2) For all time
worked between 10.00 p.m. and midnight on a holiday.
(ii)
(a) An employee
called upon to work overtime within paragraphs (b), double time, and (c), double
time and one-half and (d), treble time, of subclause (i) of this clause, shall,
if he/she works less than two hours, be paid for a minimum of two hours' work
at the appropriate rates.
(b) An employee
shall, in relation to all functions of his or her classification, make himself
or herself available to work reasonable overtime to meet the needs of the
employer having regard to the nature of the industry.
(c) An employee
engaged on Saturday morning for funeral work shall be paid for a minimum of
four hours at the appropriate rate. Such an employee may be required to perform
mixed functions or any of the duties of his or her classification, during such
four-hour period.
(d) For the purposes
of the performance of overtime work on Saturday mornings the employees located
at an establishment of an employer shall arrange a roster amongst themselves to
ensure that the minimum requisite number of employees required by the employer
on such occasions shall be available for each Saturday if such overtime eventuates.
(iii) Each day shall
be deemed to commence at midnight and finish at midnight.
(iv) In computing
overtime the rate shall be calculated on the basis of 30 minutes so that any
portion of one half hour being less than one half hour shall be reckoned as
thirty minutes.
(v) An employee,
recalled to work overtime in accordance with subclause (i) of this clause,
after leaving his/her employer's premises, whether notified before or after
leaving the employer's premises, shall be paid for a minimum of two hours at
the appropriate overtime rate for each time he/she is so recalled.
(vi) When an employee
is requested and does so to hold himself or herself in readiness for a call for
work after ordinary hours he/she shall be paid as set out in Item 6 of Table 2,
Monday to Friday, as set out in Item 7 of Table 2, Saturday and Sunday, and for
all days mentioned in subclause (i) of Clause 17 - Holidays, of this award as
set in Item 8 of Table 2.
(vii) Any employee or
person employed or engaged to look after a head office or premises of a funeral
director and the business connected therewith shall be granted the same
conditions and overtime rates as those provided for Resident Managers or
Arranging Officers excepting as provided for in subclauses (iv) and (vi) of Clause
5 - Wages, of this award.
(viii) When an
employee is working overtime which terminates at a time when his/her usual
means of transport to his/her place of residence is not available the employer
shall provide him/her with suitable transport, free of charge.
(ix)
(a) A Resident
Manager and Resident Arranging Officer shall not be entitled to overtime rates
for time spent in his/her branch or in arranging funerals connected with
his/her branch outside his/her ordinary working hours.
(b) A Resident Manager
may be required to be in attendance at head office or to relieve at the branch
of another resident manager on the latter's fixed weekly day off duty up to
11.00 p.m. on not more than one day in any one week without payment of
overtime; provided that employees covered by Clause 33, Interchange of
Employees, may be required to be in attendance at the premises of an associate
company; provided that a resident manager on such occasions shall be paid one
hour's travelling time at ordinary rates.
(c) A Resident
Manager who is called away from his/her branch outside his/her ordinary working
hours to do any work not connected with his/her branch (except in the
circumstances referred to in paragraph (b) of this clause), or having attended
head office or relieved another Resident Manager up to 11.00 p.m. as provided
in paragraph (b) of this clause, is then required to remain after that time or
carries out any removal or delivery outside his/her ordinary hours whether
connected with his/her branch or otherwise shall be paid overtime at the
appropriate rates for all time so occupied.
7. Carrying of
Caskets
Employees are prohibited from the carrying of
coffins/caskets containing a deceased person at shoulder height or above whilst
engaged in funeral duties except where it is not practical to do so.
(i) For the loading
and unloading of a casket, the following shall apply:
(a) Body of a person
over 5 years of age - two people;
(b) Body of a person
over twelve years of age - three people;
(c) Body contained
in a rectangular American type casket where the inside length exceeds 1.67
metres (66 inches) or the inside width exceeds 508 mm (20 inches) - four
people;
(d) Heavy body - one
additional person if reasonably required.
Provided that where a removal is carried out by means
of a stretcher, only two people shall be used.
Not more than one body shall simultaneously be carried on a
stretcher. This proviso shall not apply
to person five years of age or under.
(ii) Where
employees are engaged in the loading or unloading of a body of a person
contained in a leaden casket, the number of employees to be used for such work
shall be:
(a) under three
years - two;
(b) between three
and fifteen years - four;
(c) fifteen years
and over - six.
(iii) Where the distance
from the funeral vehicle to the place of interment or cremation is less than
182.8 metres (two hundred yards) under no circumstances shall less than two
people be engaged on the work of loading or unloading of a deceased person over
five years of age and not exceeding twelve years of age nor less than three
people when the deceased person is over twelve years of age; provided that not
less than four people shall be engaged in the work of carrying a rectangular
American type casket when the inside length of the casket exceeds 1.67 metres
(sixty-six inches) and in the work of carrying a casket containing a body so
heavy as reasonably to require an additional person.
(iv) When the
distance is greater than 182.8 metres (two hundred yards), there shall be one
person extra in all of the cases referred to in subclause (iii) of this clause.
(v) The manning
requirements on the loading or unloading of caskets prescribed by this clause
do not apply to the manning levels on a funeral, as defined by Clause 14 of
this Award, when, except for funeral services followed by cortege from a church
or chapel, only one person will be required for each funeral.
8. Special Cases
(i) An employee
required to do any work in connection with an exhumation shall receive an allowance
as set out in paragraphs (a), (b), (c) and (d) of this subclause for each body
exhumed in addition to his/her ordinary
wage.
(a) Where a body has
been buried for 14 days or less as set out in Item 13 of Table 2.
(b) Where a body has
been buried for more than 14 days but less than 7 years and has been arterially
embalmed and sealed in a metal, polythene or other approved plastic container ‑
as set out in Item 14 of Table 2.
(c) Where a body has
been buried for more than 14 days but less than 7 years and has not been
arterially embalmed and sealed in a metal, polythene or other approved plastic
container - as set out in Item 15 of Table 2.
(d) Where a body has
been buried in excess of 7 years - as set out in Item 16 of Table 2.
(ii) The provisions
of this clause shall not operate so as to be cumulative in respect of one or
more of the provisions of subclauses (i) to (vi), inclusive, of this clause.
PART II
CASKET AND/OR
MANUFACTURING
9. Hours
(i) Weekly
Employees
The ordinary working hours shall be 38 hours per week
worked in accordance with the following provisions for a four week work cycle,
the ordinary working hours shall be worked as a 20 day, four week cycle of
eight hours each on Monday to Friday, inclusive, between the hours of 6.30 a.m.
and 5.30 p.m., with 0.4 (2 fifths) of an hour each day worked accruing as
either an entitlement to take one day off during the four week cycle as a
rostered day off paid for as though worked or by agreement between the employee
and the employer , an employee can work a four and a half day week.
(ii) The rostered
day off shall be within the four-week cycle between Monday to Friday on a day
allocated by the employer.
(iii) Where an
employee in accordance with subclause (i) hereof, is entitled to a day off
during their work cycle, such employee shall be advised by the employer at
least four weeks in advance of the week
day that is to be taken off.
(iv) An employer may
hold up to a maximum of five days accrued in accordance with subparagraph
(i). The accrued days are to be taken
at a time mutually agreed between the employer and the employee, but within 12
months of the date the first rostered day off accrued under this subparagraph. Upon termination, any untaken accrued days
shall be paid to the employee.
(v) In the absence
of agreement being reached between an employer and its employees on any of the
abovementioned matters, the dispute procedure of this award shall be used to
resolve the issue. Failing this, the
parties shall refer the matter to the Industrial Commission of New South Wales
for resolution.
(vi) Casual
Employees
The ordinary working hours of casual employees shall be eight
hours per day or four hours per half day, between the hours of 6.30 a.m. and
5.30 p.m.
(vii) Every employer
shall, by legible notice, which shall bear the date when it is fixed, exhibit
and shall keep exhibited, in a place accessible to the employees, the starting
and finishing times for each employee, other than casuals, for each day of the
week within the span of hours prescribed by this clause. Except as provided for
in Clause 15 - Meal Times, Crib Times and Meal Allowances, of Part III,
General, of this award, as to meal breaks, such roster shall not be changed
unless not less than seven days' notice is given by posting such alteration.
10. Wages
(i) The following
rates of pay shall be the minimum to be paid to weekly employees in the
classifications as set out in Table 1 of Part B.
(ii) The minimum
weekly rates of pay to be paid to juniors shall be the following percentages of
the minimum rates of pay for a Casket Maker:
|
Percentage of Casket Maker Rate
|
|
%
|
17 years and under
|
40
|
18 years of age
|
48
|
19 years of age
|
60
|
20 years of age
|
72
|
(iii) Consequent
upon any change in the wage fixation principles of the Industrial Commission of
New South Wales, arising out of any State Wage Case or Inquiry, leave is
reserved for the parties to re‑submit the question of wages.
(iv) Casuals
(a) Casuals may be
employed in classifications (h) and (i) only, of subclause (i) of this clause,
and shall be paid one 38th of the weekly rate for the appropriate
classification plus 15 per cent with a minimum of four hours for each start.
(b) All Casuals
should be employed for a minimum of four hours.
(c) All sums payable
to casual employees shall be paid to them at the termination of their
engagement.
(v) An employee
should carry out all duties as directed by the employer, which are within the
limits of the employee's skill, competence and training.
(vi) The rates of
pay in this award include the adjustments payable under the State Wage Case
2006, the State Wage Case 2007 and the State Wage Case 2008. 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, State Wage Case, and minimum
rates adjustments.
(vii) Part Time Work
(a) An employee may
be engaged on a part time basis. A part
time employee shall mean a weekly employee engaged to work regular days and
regular hours, either of which are less than the number of days or hours worked
by a full time employee.
(b) A part time
employee is entitled to a minimum start per occasion of 3 continuous hours,
except:
(i) where the
employer and the employee concerned agree that there shall be a start of 2
continuous hours on 2 or more days per week, provided that:
1. a 2 hour start
is sought by the employee to accommodate the employee’s personal circumstances,
which must be specified, or
2. the place of
work is within a distance of 5 kilometres of the employee’s place of residence
(c) A part time
employee may work up to 38 hours per week without the payment of overtime.
(d) A part time
employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a
full time employee of the same classification contained in Table 1 of Part B
Monetary Rates of this Award.
(e) Any hours worked
by a part time employee outside the ordinary hours of work as set out in Clause
1, or in addition to the 38 hours per week shall be paid at overtime rates.
(f) Subject to this
clause, all the provisions of the award shall apply to a part time employee on
a pro rata basis.
11. Overtime
(i) All time worked
outside the spread of hours prescribed by Clause 3 - Hours, of this award, or
in excess of eight hours, Monday to Friday, inclusive, shall be paid for at the
rate of time and one‑half for the first two hours and double time
thereafter.
(ii) All time worked
on a Saturday shall be paid for at the rate of time and one‑half for the
first two hours and double time thereafter; provided that work performed after
12 noon on a Saturday shall be paid at double time.
(iii) Casual
employees shall be paid the same rates as permanent employees of the same
classification.
(iv) An employee
recalled to work overtime shall be paid a minimum of two hours for each time
he/she is so recalled. Payment shall be in accordance with the rates prescribed
in Clause 7 - Overtime, of Part I of this award.
(v) In computing
overtime, any portion of an hour being less than one hour shall be reckoned as
one hour and the hourly rate shall be taken to the nearest cent. In calculation
of overtime, any amount not exceeding one-half cent shall be disregarded,
provided that, for the purpose of this subclause, any period of ten minutes or
less may be disregarded.
12. Sunday and
Holiday Rates
(i) Except as
provided for in subclause (iv), of Clause 6 - Overtime, of this award, all time
worked on Sunday shall be paid for at the rate of double ordinary rates.
(ii) Except as
provided for in subclause (iv) of Clause 6 - Overtime, of this award, all time
worked on public holidays shall be paid for at the rate of double time and
one-half in addition to the ordinary weekly wage.
13. Tool Allowance
The employer shall provide and keep in efficient condition
all tools and/or equipment which he/she requires the employee to use or
alternatively where an employee engaged in casket manufacturing is required to
use his/her own tools and/or equipment, he/she shall be paid a tool allowance
as set out in Item 20 of Table 2.
PART III
GENERAL
14. Definitions
(i) Head Office
shall mean the premises which are fitted as a Funeral Parlour and the principal
place of business of a Funeral Director.
Where a Funeral Director has only one funeral parlour those premises
shall be the Head Office.
(ii) A Branch shall
be any Funeral Parlour other than Head Office or any Agency.
(iii) An Agency shall
be any premises other than a Head Office or a Branch.
(iv) Resident
Manager at Head Office
At the Head Office of a Funeral Director incorporating
a chapel, funeral parlour or workshop, a Resident Manager may be employed and
if so employed shall reside on the premises and shall be paid the same wages
and shall enjoy the same conditions of employment as a Branch Manager.
(v) Resident Manager
at a Branch shall mean a weekly employee required to look after, and who
resides at a branch and who may be employed in any capacity in the funeral
industry covered by this award, and except where otherwise provided for
therein, shall be paid overtime rates and shall be entitled to all other
conditions of this award applying to other employees. Any person temporarily
relieving the resident manager at head office or a branch on his/her time off
duty shall be granted the same conditions and overtime rates as those provided
for Resident Managers but both must not be on duty at the same time.
(vi) Relieving
Manager shall mean a weekly employee who may be employed in any capacity in the
funeral industry covered by this award and who is regularly employed to relieve
a Resident Manager during his/her time off duty. Such employee, whilst relieving a Resident Manager shall, except
where otherwise provided for herein, be granted the same conditions and
overtime rates as those provided for Resident Managers, but both must not be on
duty at the same time.
(vii) Non-Resident
Officer and Duty Officer
Non-Resident Officer or Duty Officer may be employed at
Head Office or a Branch. His/Her ordinary working hours and limitation on work
during normal hours will be as provided in subparagraph (3) of paragraph (a) of
subclause (i) of Clause 3 - Hours, of Part I - Funeral Directors, of this
award. Where a Non-Resident Officer or Duty Officer is employed under this
category a Resident Manager need not be employed. They may be employed in any
capacity in the funeral industry covered by this award.
(viii) Resident
Arranging Officer shall mean a weekly employee residing at branch premises
fitted for use as a funerals chapel or parlour, and who acts in the arranging
of funerals, the carrying out of any receptionist duties or any administrative
functions connected with the arranging or planning of funerals and the
supervision of viewing and other duties connected with the administrative
conduct of that branch, but shall not be employed to do any other work in the
funeral industry covered by this award.
(ix) Arranging
Officer shall mean a weekly employee required to make funeral arrangements, the
carrying out of any receptionist duties or any administrative functions
connected with the arranging or planning of funerals and the supervision of
viewing and other duties connected with the conduct of any office of branch,
but shall not be employed to do any other work in the funeral industry covered
by this award.
(x) Embalmer shall
mean a weekly employee or a duly qualified casual employee engaged for more
than half of his/her working time in the work of sterilisation and/or
preservation of human remains and who may be employed also in any other
capacity in the undertaking industry covered by this award.
(xi) Conductors
shall mean an employee engaged for more than half of his/her working time to
supervise the carrying out of funerals from any place to a cemetery or
crematorium and the return there from.
(xii) Trainee
Embalmer shall mean an employee engaged to perform the duties of a Shopman, as
defined, and who in addition to body preparation, will perform invasive
procedures under supervision of a qualified embalmer.
(xiii) Shop person
shall mean a weekly or casual employee engaged in the making, trimming,
polishing or finishing of coffins, wholly or partially, and who may also be
employed in any capacity in the undertaking industry covered by this award.
(xiv) Casket Maker
shall mean any employee, other than a shop person, wholly or partially engaged
in the making, spraying, staining, lacquering, varnishing, and/or polishing of
caskets and/or crematoria urns by hand or any mechanical process. He/She shall
not be employed in any other capacity in the undertaking industry covered by
this award.
(xv) Labourer is an
employee engaged to perform routine labouring duties in and about casket making
production facilities.
(xvi) Casket without
limiting its general meaning, shall include any casket irrespective of the
material used in its construction and manufactured for the purpose of the
transfer, cremation or interment of a deceased person.
(xvii) Funeral shall
mean the conveying of a casket containing the body of a deceased person from
any place direct to a cemetery, crematorium or mausoleum for the purpose of
interring, cremating or entombment of the remains.
No employee shall be required or permitted to deliver a
deceased person to a cemetery, crematorium or mausoleum for the purpose of
interring, cremating, entombment or committal of such deceased persons more
than eight hours (8) prior to the commencement of service or committal for such
deceased person and such employee shall not be required or permitted to deliver
a deceased person to a crematorium for the purpose of cremation other than to
the crematorium chapel.
(xviii) Transfer shall
mean the conveying of a deceased person from one place to another other than
for the purpose of interment, cremation or entombment.
(xix) Union shall mean
The Funeral and Allied Industries Union of New South Wales.
15. Meal Times, Crib
Times and Meal Allowance
(i) All employees,
excluding non-resident officers and duty officers whose ordinary working hours
commence at or after 12 noon, but including full day casuals, shall be allowed
not less than forty‑five minutes nor more than one hour for a meal,
between the hours of 11.00 a.m. and 2.30 p.m. on each day, Monday to Friday.
(ii)
(a) Non‑resident
officers and duty officers whose ordinary working hours commence between 12
noon and 2.00 p.m. shall be allowed not less than forty‑five minutes nor
more than one hour as an unpaid meal break at a time as close as practicable to
the middle of their hours worked, Monday to Saturday, inclusive.
(b) Non‑resident
officers or duty officers whose ordinary working hours commence at 2.00 p.m.
shall be allowed twenty minutes as a crib time which shall be counted as time
worked, Monday to Saturday, inclusive.
(iii) Any employee
who commences work before 7.00 a.m. and who continues to work up to and
including the ordinary commencing time for that day shall, in addition to the
meal time prescribed in subclause (i) of this clause, be allowed twenty minutes
as a crib time which shall be counted as time worked and shall be taken before
commencing his/her ordinary duties.
(iv) Half day
casuals shall not be allowed a meal break.
(v) Any employee who
is not notified on or before the time he/she ceases duty on the previous day
that he/she will be required to take his/her meal period at some other place
than his/her recognised depot or workshop shall be paid the sum as set out in
Item 21 of table 2 of Part B, to provide for a meal provided that on a Monday
or a day succeeding a public holiday such notification may be given at the last
known address of the employee not later than the time reasonably necessary for
the employee to travel from his/her home to his/her recognised depot or
workshop. The allowance prescribed herein shall be paid for on a daily basis.
(vi) Within six
hours after his/her actual commencing time or within five hours after his/her
ordinary rostered commencing time an employee shall be granted a meal break and
if the employee is not granted a meal break, in accordance with subclause (i),
of this clause, he/she shall, before commencing a new job, be granted a crib
break of twenty minutes which shall be counted as time worked.
(vii) An employee required
to work overtime for more than two hours immediately after his/her ordinary
ceasing time shall be allowed a crib break of twenty minutes which shall be
counted as time worked.
(viii) Employees
required to commence work at or before 6.00 a.m. or who are required to work
overtime for more than two hours after the ordinary ceasing time shall be paid
a meal allowance as set out in Item 22 of Table 2. This subclause shall not
apply in respect to removals or deliveries performed at or before 6.00 a.m. and
shall not apply in cases where an employee is recalled for overtime on a
particular day.
(ix) Employees
required to work after 7.00 p.m. on Saturdays, Sundays and public holidays
shall be paid a meal allowance as set out in Item 23 of Table 2.
16. Saturday and
Sunday
(i) The only work
permitted on a Saturday after 12 noon and on a Sunday shall be arranging
funerals, transfers, deliveries, coffining, trimming and making of caskets,
preservation work and/or wet cleaning or dusting of vehicles. This clause shall
not apply to funerals which commence before 12 noon on a Saturday.
(ii) On a Saturday,
a Sunday or a public holiday within six hours of his/her actually commencing
work or not later than five hours after his/her rostered starting time fixed
for week days in accordance with subclause (i), of Clause 4 - Rosters and Days
Off Duty (Part I), of this award, an employee if he/she is required to work
continuously thereafter, shall be granted a meal break of not less than forty‑five
minutes. If an employee is not granted such meal break he/she shall be allowed
a crib break of twenty minutes which shall be counted as time worked.
17. Holidays
(i) The following
day or days observed as such shall be holidays, viz., New Year's Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Labour Day or Eight Hour Day, Christmas Day, Boxing Day and all days proclaimed
or observed as holidays for the State..
(ii) All days
mentioned in subclause (i) of this clause shall be closed days, with the
exception of Easter Monday, Easter Saturday and Queens Birthday and shall be
free from work except arranging transfers, removals, deliveries, coffining,
trimming and/or preservation work; provided that when the observance of Boxing
Day results in there being four consecutive holidays then on that occasion
Boxing Day shall not be a closed day.
(iii) Every employee
allowed a holiday specified herein shall be deemed to have worked, in the week
in which the holiday falls, the number of ordinary working hours he/she would
have worked had the day not been a holiday and shall be paid at the appropriate
rate of pay prescribed by this award.
(iv) An employee
required to work on a holiday shall be so notified not later than 5.00 p.m. on
the day preceding the holiday.
(v) A relieving
manager shall be paid for all holidays specified in this clause if they occur
whilst he/she is relieving in a branch or head office or be given another day
off in lieu of each such holiday within 14 days from the termination of his/her
relief duty.
(vi) Employees will
not be entitled to the payment specified in subclause (iii) for holidays
prescribed in subclause (i) of this Clause if the employee has not complied
with the requirements of subclause (iv)(d) of Clause 22 of this Award.
18. Annual Leave
(i) For annual
holidays all employees, other than Branch Managers, Resident Managers and
Resident Arranging Officers, see Annual Holidays Act 1944.
(ii) Branch Managers,
Resident Managers and Resident Arranging Officers shall, at the end of each
year of employment by an employer, become entitled to an annual holiday of five
working weeks on ordinary pay; provided that when a holiday specified in Clause
17 - Holidays, of this award, falls within the Branch Manager's, Resident
Manager's and Resident Arranging Officer's annual leave period an additional
day shall be added to his/her annual leave for each such holiday.
(iii) The carrying
on of the branch during the Branch Manager's, Resident Manager's and Resident
Arranging Officer's annual leave shall be by mutual arrangement between the
employer, Branch Manager or Resident Arranging Manager and Resident Arranging
Officer going on leave. In the event of the parties being unable to agree the
matter shall be referred to the Funeral Industry (State) Conciliation
Committee.
(iv)
(a) In the event of
a Branch Manager, Resident Manager or Resident Arranging Officer being
dismissed or leaving his/her employment, and that period of employment is less
than twelve months, his/her annual leave entitlement shall be at the rate of
5/47ths of his/her ordinary rate of pay for the number of weeks he/she was so
employed. Payment shall be made by the employer at the termination of the employee's
services.
(b) Only in the
circumstances mentioned in paragraph (a) of this subclause shall an employer
make payment in lieu of annual holidays, and only under the same circumstances
shall an employee receive such payment. For the purposes of administering this
clause the term (ordinary pay) shall be as defined in the Annual Holidays Act
1944.
19. Annual Holidays
Loading
(i) In this clause
the Annual Holidays Act 1944 is referred to as "the Act".
(ii) Before an
employee is given and takes his/her annual holiday, or, where by agreement
between the employer and the 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.)
(iii) 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.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award, or, where such a
holiday is given and taken in separate periods then in relation to each such
separate period.
(NOTE: See
subclause (vi) as to holidays taken wholly or partly in advance.)
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause at the rate per week of 17½ per cent of
the appropriate ordinary weekly time rate of pay prescribed by Clause 5 -
Wages, and Clause 10 - Wages, of this award, for the classification in which
the employee was employed immediately before commencing his/her annual holiday
together with the leading hand allowance where applicable but shall not include
any other allowances, penalty or disability rates, overtime rates or any other
payments prescribed by this award.
(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 payable on the day.
(vii) Where, in accordance
with the Act, 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 under
the Act such proportion of the loading that would have been payable to him
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) Where the
employment of an employee is terminated by his/her employer for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which he/she becomes
entitled the employee 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.
20. Long Service
Leave
See Long Service Leave Act 1955.
21. Long Service
Leave Allowance
(i) All employees
after five years continuous service with one employer shall be paid in addition
to the rates prescribed by Clauses 5 and 10 - Wages of this award, a long
service bonus of the amount as set out in Items 24, 25, 26 and 27 of Table 2.
(ii) Payment due under this clause shall be
made on the usual pay day, when other payments under this award are made.
(iii) For the
purpose of this clause continuous service shall not be deemed to have been
broken by absence whilst a member of the Defence Forces of the Commonwealth in
time of war. Continuous service shall not be deemed to have been broken by
absence from the industry not exceeding six months in the aggregate or absence
on account of illness or with the consent of the employer.
22. Sick Leave
(i) All employees
other than casuals, with not less than 2 months' continuous service in the
industry covered by this award who are absent from their work by reasons of
personal illness or injury, not being from an injury arising out of or in the
course of employment, shall be entitled to leave of absence without deduction
of pay subject to the following conditions and limitations:
(a) the employee
shall, within 24 hours of the commencement of such absence, inform the employer
of his/her inability to attend for duty and, as far as practicable, state the nature
of his illness or injury and the estimated duration of the absence;
(b) the employee
shall furnish to the employer such evidence as the employer may desire that
he/she was unable, by reasons of such illness or injury, to attend for duty on
the day or days for which sick leave was claimed;
(c) the employee
shall not be entitled in any year, whether in the employ of one employer or
several in the aforesaid industry in such year, to leave in excess of 38 hours
of ordinary time (to accrue on the basis of 3.16 hours per month) for his/her
first year of service, or to leave in excess of 76 hours of ordinary time (to
accrue on the basis of 6.34 hours per month) for the second and subsequent
years of continuous employment.
(ii) Where an
employee is absent from employment on the working day or part of the working
day immediately preceding or immediately following:
(a) a Holiday as
defined by Clause 17 of this Award; or
(b) before or after
a period of annual leave during which a holiday or holidays occur as defined
without reasonable excuse, the employer's consent, or such other evidence as
the employer may require, the employee shall not be entitled to payment for
such holiday or holidays.
(iii) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year provided that an employer shall not be
bound to credit an employee for sick leave which accrued more than twelve years
before the end of the last completed year of service.
23. Termination of
Employment
(i) In order to
terminate the employment of an employee, other than a Branch Manager, Resident
Manager and Resident Arranging Officer, the employer shall give to the employee
the following notice or payment in lieu of notice:
Period of Continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(ii) In the case of
a Branch Manager, Resident Manager and Resident Arranging Officer the Employer
must give a minimum of 3 weeks notice of termination of employment for Branch
Manager’s, Resident Manager’s and Resident Arranging Officer’s with less than 5
years continuous service and 4 weeks notice of termination to a Branch Manager,
Resident Manager and Resident Arranging Officer’s with more than 5 years
continuous service, to enable them to seek alternative accommodation.
(iii) In addition to
the notice above, employees over 45 years of age at the time of giving of the
notice with not less than two years continuous service, shall be entitled to an
additional week’s notice.
24. 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 24(1)(c)(ii) 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 at clause 22, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required:
(1) 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; or
(2) Establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had 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;
(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 the 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.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 41, Dispute Avoidance and Grievance Procedure,
should be followed.
(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 class of person set out in 24(1)(c)(ii) above
who is ill or who requires care due to an unexpected emergency.
(3) Annual Leave
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
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.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(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 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.
(6) Rostered Days
Off
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) 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.
(d) 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.
(7) Personal Carers
Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in 24(1)(b) and 24(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 24(1)(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage or
not to engage a casual employee are otherwise not affected.
25. Rest Pause
Where practicable employees shall be allowed ten minutes in
the morning and ten minutes in the afternoon, to be taken at a convenient time
for the purpose of refreshment; such periods to count as working time.
26. Provision of
Clothing, Gloves, Etc
(i) Uniforms are to
be provided and maintained by employer as follows- employer’s to provide 4
shirts or blouses and wet weather clothing including raincoat each year. The laundering of uniforms is the
responsibility of the employee. All
items of clothing remain the property of the employer.
(ii)
(a) All permanent
employees required by the employer to wear a driver's uniform consisting of a coat,
trousers, and raincoat shall be supplied with such items of clothing by the
employer. The uniform supplied by the employer shall also be maintained by the
employer. This maintenance shall be deemed to include dry cleaning where the
employee has not wilfully or carelessly treated the said uniform.
(b) Casual employees
who are required by their employer to supply and maintain their own uniform
shall be paid a clothing allowance as set out in Item 28 of Table 2 for each
half day or part thereof they attend for work.
(c) All employees
covered by subclauses (viii) and (ix) of this clause shall be supplied by the
employer with a minimum of four shirts per annum of the type stipulated by the
employer, two of which shall be supplied at the commencement of the employment
in the case of employees engaged after the coming into force of this award.
Maintenance and laundering shall be the responsibility of the employee
(d) The ownership of
all items of clothing or any apparel of whatsoever nature supplied to any employee
under this section shall be vested in the employer and shall be deemed to
belong to the employer and the employee will hold himself or herself
responsible for the due care of all such items of clothing or apparel and shall
forthwith return all such items of clothing and apparel supplied to him/her by
the employer on termination of his/her employment.
(iii) All employees
who are required to wash, clean, polish or service vehicles shall be provided
with overalls or other protective clothing which shall remain the property of
the employer. Such clothing shall, upon request, be renewed if the employer is
satisfied that they are worn out or are unusable through damage not caused by
the employee's default.
(iv) All employees
required to wash motor vehicles shall be provided by the employer with rubber
boots when requested by the employee.
(v) All casket
makers and polishers shall be supplied with overalls by the employer;
(vi) All casket
makers shall be provided with a suitable hand cream.
27. Funeral Vehicles
Transfer vehicles shall be so divided between the driver's
compartment and the compartment carrying the remains as to provide reasonable
isolation for the employees. This may
be achieved by a fixed partition, a rigid or flexible canopy, or other approved
methods.
28. Compassionate
Leave
(i) An employee,
other than a casual employee, shall be entitled to a maximum of three days
compassionate leave without deduction of pay, up to and including the day of
the funeral, on each occasion of the death of a person within Australia as
prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
compassionate leave and will provide, to the satisfaction of the employer proof
of death.
(iii) Compassionate
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 (1) of Clause 24 - State Personal/Carer’s
Leave Case - August 1996, provided that, for the purpose of compassionate
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) Compassionate
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said subclause 24. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 28(ii) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 24(1)(c)(ii) of clause 24, Personal/Carer’s
Leave.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
29. Jury Service
An employee on weekly hiring required to attend for jury
service during his/her ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of his/her attendance for such jury service and the amount of wage he/she would
have received in respect of the ordinary time he/she would have worked had
he/she not been on jury service.
An employee shall notify his/her employer as soon as
possible of the date upon which he/she is required to attend for jury service.
Further, the employee shall give his/her employer proof of his/her attendance,
the duration of such attendance and the amount received in respect of such jury
service.
30. Payment of Wages
All wages shall be paid on a Thursday during ordinary
working hours by cash, cheque or electronic funds transfer. Each pay envelope
shall be endorsed with the gross amount payable to the employee and an itemised
statement of the amounts and reasons for deductions.
31. Union Meetings
Employees shall be entitled to be paid for two meetings for
the purpose of discussing matters affecting the award each calendar year,
subject to the following:
(i) The meeting shall
be called by the secretary of the union, who shall notify at least 14 days in
advance of such meeting the Australian Business Industrial and Employers First™
and The Funeral Directors' Association of New South Wales Limited.
(ii) The maximum
time allowed away from work for each meeting shall be of not more than 4 hours
including travelling time. Employees shall attend for duty for any part of the
rostered day occurring before or after the meeting.
(iii) Employees
shall produce satisfactory proof that they attended the meeting.
(iv) Such meetings
shall commence not earlier than 1.00 p.m.
(v) Such meetings
shall not be convened:
(a) on a day
immediately preceding or immediately following a day on which a meeting of
members of the union bound by the Crematoria Employees (State) Award or of
members of the Union bound by the Cemetery Employees (Cumberland,
Northumberland, Wollongong and Central Illawarra) Award has been called for or
is held; nor
(b) on a Monday or a
Friday; nor
(c) on a weekday
immediately preceding or immediately following a holiday within the meaning of
Clause 17 - Holidays, of this award or on a day gazetted in lieu of a public
holiday.
32. Parental Leave
(1) Refer to the
Industrial Relations Act 1996 (NSW).
The following provisions shall also apply in addition to those set out
in the Industrial Relations Act 1996 (NSW).
(2) An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made under
3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
33. Interchange of
Employees
Where two or more persons, firms or companies are carrying
on business in association with interchange of employees every permanent
employee shall upon engagement, be supplied with a written notification stating
the name of his/her employer.
34. Entering Premises
An employee shall not enter the employer's premises before
the time specified as the starting time for work shown on the roster, nor
remain on the premises after the ceasing time unless he/she is required to do
so by the employer for the purpose of working overtime.
35. Right of Entry
See Industrial Relations Act 1996.
36. Sydney Chevra
Kadisha
This award shall apply to and shall be binding upon Sydney
Chevra Kadisha, its successor or assignee, subject to the following conditions:
(i) The provisions
of the said award applying to Sunday shall be observed on Saturday.
(ii) For the words
Monday to Saturday or Monday to Friday, wherever appearing in this award, read
the words Sunday to Friday or Sunday to Thursday, as the case may be.
(iii) The employee
who resides on the Society's premises situated at Oxford Street, Woollahra,
shall, for the purposes of this award, be regarded as a Branch Manager and the
conditions of employment and wages prescribed by this award for Branch Managers
shall apply to that employee.
(iv) The following days
shall be substituted for the holidays specified in Clause 17 - Holidays, of
this award, viz:
the first and seventh days of Passover;
the first day of Pentecost;
the first day of the Jewish New Year;
the day of Atonement;
the first and eighth days of Tabernacles.
(v) Notwithstanding
this Clause, during any of the following:
(a) The
Jewish New Year;
(b) The Day
of Atonement;
(c) The Days
of Tabernacles;
(d) The
Jewish Feast of Passover; and
(e) The
Jewish Pentecost
Funeral.
Services Can be Carried Out on the Sunday at the Appropriate Rates.
37. Embalming
Embalming must be carried out under the supervision of a
person who holds an approved qualification and in proper clinical and hygienic
conditions.
38. 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 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of the
notice with not less than two years 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 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
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
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:
Under 45 Years of Age
|
Years of Service 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
|
(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
|
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
|
(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.
39. Superannuation
(i) Superannuation
Legislation
The subject of superannuation is dealt with extensively
by legislation including the Superannuation Guarantee (Administration) Act
1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry
(Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993
and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the
superannuation rights and obligations of the parties.
(ii) Subject to the
requirements of this legislation, superannuation contributions may be made to:
(1) ARF (Australia
Retirement Fund);
(2) ASSET
(Australian Superannuation Savings Employment Trust); or
(3) Such other funds
that comply with the requirements of the legislation.
40. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the employee
will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for that
other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or responsibility
upon a labour hire business arising under the Occupational Health and Safety
Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
41. Dispute Avoidance
and Grievance Procedure
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps.
(i) Procedure
relating to grievance of an individual employee:
(a) The employee
shall notify (in writing or otherwise) the employer as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employees’ grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employer
may be represented by an Industrial Organisation of Employers and the employee
may be represented by an Industrial Organisation of Employees for the purpose
of each procedure.
(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 levels
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 employee may
be represented by an Industrial Organisation of Employees for the purpose of
each procedure.
42. Traineeships
As to traineeships for person covered by this award, see the
Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569) or
any successor thereto.
43. Area, Incidence
and Duration
(a) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Funeral Industries (State) Award published 22
July 2005 (352 I.G. 657), as varied.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
(b) It shall apply
to all persons employed in the classifications prescribed by Clause 5 - Wages,
of Part I - Funeral Directors and Clause 10, Wages, of Part II ‑ Casket
Manufacturing, of this award, excluding the County of Yancowinna, within the
jurisdiction of the Funeral Industry (State) Conciliation Committee.
(c) The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review of
Awards made by the Industrial Relations Commission of New South Wales on 28
April 1999 (310 I.G. 359) take effect on and from 11 November 2008.
PART B
MONETARY RATES
Table 1 - Wages
PART 1 - FUNERAL
DIRECTORS
Classification
|
Base
|
New Base
|
Hourly
|
New Base
|
Hourly
|
New Base
|
Hourly
|
|
Rate
|
Rate as at
|
Rate
|
Rate as at
|
Rate
|
Rate as at
|
Rate
|
|
|
2006 SWC
|
|
2007 SWC
|
|
2008 SWC
|
|
|
|
Variation
|
|
Variation
|
|
Variation
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Resident Manager
|
645.85
|
665.85
|
17.52
|
685.85
|
18.05
|
713.30
|
18.77
|
Embalmer
|
635.95
|
655.95
|
17.26
|
675.95
|
17.79
|
703.00
|
18.50
|
Resident Arranging
|
623.15
|
643.15
|
16.93
|
663.15
|
17.45
|
689.70
|
18.15
|
Officer
|
|
|
|
|
|
|
|
Relieving Manager
|
623.15
|
643.15
|
16.93
|
663.15
|
17.45
|
689.70
|
18.15
|
Non Resident &
|
623.15
|
643.15
|
16.93
|
663.15
|
17.45
|
689.70
|
18.15
|
Duty Officer
|
|
|
|
|
|
|
|
Arranging Officer
|
620.55
|
640.55
|
16.86
|
660.55
|
17.83
|
686.95
|
18.08
|
Conductor
|
623.15
|
643.15
|
16.93
|
663.15
|
17.45
|
689.70
|
18.15
|
Shop Person
|
611.25
|
631.25
|
16.61
|
651.25
|
17.14
|
677.30
|
17.82
|
Trainee Embalmer
|
611.25
|
631.25
|
16.61
|
651.25
|
17.14
|
677.30
|
17.82
|
1st
|
|
|
|
|
|
|
|
Trainee Embalmer
|
619.65
|
639.65
|
16.83
|
659.65
|
17.36
|
686.05
|
18.05
|
2nd
|
|
|
|
|
|
|
|
Trainee Embalmer
|
627.95
|
647.95
|
17.05
|
667.95
|
17.58
|
694.65
|
18.28
|
3rd
|
|
|
|
|
|
|
|
Qualified Embalmer
|
635.95
|
655.95
|
17.26
|
675.95
|
17.79
|
703.00
|
18.50
|
PART II - CASKET
MANUFACTURING
Classification
|
Base
|
New Base
|
Hourly
|
New Base
|
Hourly
|
New Base
|
Hourly
|
|
Rate
|
Rate as at
|
Rate
|
Rate as at
|
Rate
|
Rate as at
|
Rate
|
|
|
2006 SWC
|
|
2007 SWC
|
|
2008 SWC
|
|
|
|
Variation
|
|
Variation
|
|
Variation
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Labourer
|
525.85
|
545.85
|
14.36
|
565.85
|
14.89
|
588.50
|
15.49
|
Process Worker
|
574.75
|
594.75
|
15.65
|
614.75
|
16.18
|
639.35
|
16.82
|
Grade 1
|
599.45
|
619.45
|
15.30
|
639.45
|
16.83
|
665.05
|
17.50
|
Grade 2
|
611.25
|
631.25
|
16.61
|
651.25
|
17.14
|
677.30
|
17.82
|
Junior Employees
|
Percentage of Grade
2
|
17 Years and under
|
40%
|
18 Years of age
|
48%
|
19 Years of age
|
60%
|
20 Years of age
|
72%
|
Table 2 - Other Rates
And Allowances
Item
|
Clause
|
Brief Description
|
Amount as at
|
Amount as at
|
Amount as at
|
No.
|
No.
|
|
2006 SWC
|
2007 SWC
|
2008 SWC
|
|
|
|
Variation
|
Variation
|
Variation
|
|
|
|
$
|
$
|
$
|
1
|
5 (iv)
|
Living-away Allowance -
|
|
|
|
|
|
Relieving Manager
|
76.39 per week
|
79.45 per week
|
82.63 per week
|
2
|
5 (v)(a)
|
Cleaning (outside normal
|
|
|
|
|
|
hours) - Resident Manager
|
12.25 per hour
|
12.74 per hour
|
13.25 per hour
|
3
|
6 (vi)
|
Stand by Monday to Friday
|
10.96 per day
|
11.40 per day
|
11.86 per day
|
|
6 (vi)
|
Stand by Saturday/Sunday
|
21.13 per day
|
21.98 per day
|
22.86 per day
|
|
6 (vi)
|
Ready for after hours work
|
39.50 per day
|
41.08 per day
|
42.72 per day
|
13
|
8(vi)(a)
|
Exhumation -14 days or less
|
59.26
|
61.63
|
64.10
|
14
|
8(vi)(b)
|
Exhumation - (embalmed)
|
|
|
|
|
|
14 days to 7 years
|
71.01
|
73.85
|
76.80
|
15
|
8(vi)(c)
|
Exhumation - (not
|
|
|
|
|
|
embalmed) 14 days to 7 years
|
118.29
|
123.02
|
127.94
|
16
|
8(vi)(d)
|
Exhumation - in excess of
|
|
|
|
|
|
7 years
|
59.26
|
61.63
|
64.10
|
20
|
13
|
Tool Allowance
|
4.45 per week
|
4.45 per week
|
4.63 per week
|
21
|
15(v)
|
Meal at other than usual
|
|
|
|
|
|
place (without notification)
|
10.28
|
10.68
|
11.14
|
22
|
15(viii)
|
Meal Allowance
|
10.28
|
10.68
|
11.14
|
23
|
15(ix)
|
Meal Allowance - Saturdays,
|
|
|
|
|
|
Sundays, Holidays
|
10.28
|
10.68
|
11.14
|
24
|
21(i)
|
Long Service Bonus - 5 and
|
|
|
|
|
|
under 10 years
|
7.21 per week
|
7.50 per week
|
7.80 per week
|
25
|
21(i)
|
Long Service Bonus - 10 and
|
|
|
|
|
|
under 15 years
|
13.81 per week
|
14.36 per week
|
14.93 per week
|
26
|
21(i)
|
Long Service Bonus -15 and
|
|
|
|
|
|
under 20 years
|
18.57 per week
|
19.31 per week
|
20.08 per week
|
27
|
21 (i)
|
Long Service Bonus - 20
|
|
|
|
|
|
years and over
|
29.88 per week
|
31.08 per week
|
32.32 per week
|
28
|
26(ix)
|
Clothing Allowance - casuals
|
2.20 per half
|
2.27 per half
|
2.32 per half
|
|
|
|
day or part
|
day or part
|
day or part
|
|
|
|
thereof
|
thereof
|
thereof
|
The 2006 and 2007 State Wage Case variations contained
in Part B of this award shall take effect from the beginning of the first pay
period to commence on or after 3 October 2008.
The 2008 state wage case variations contained in Part B
of this award shall take effect from the beginning of the first pay period to
commence on or after 3 October 2009.
Funeral Industry (State) Conciliation Committee
Industries And Callings
Undertakers, undertakers' assistants, branch managers, shopmen
employed in making, trimming or polishing coffins, and coffin‑makers and
yardmen, coachmen, motor‑drivers and horse‑drivers (including
casual employees), employed in connection therewith in the State, excluding the
County of Yancowinna.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.