Draughting
Employees, Planners, Technical Employees, &c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1741 of 2007)
Before Commissioner
Tabbaa
|
15 January 2008
|
REVIEWED
AWARD
PART 1 ‑ APPLICATION AND OPERATION OF AWARD
1.1. Award Title
This award is entitled
the Draughting Employees, Planners, Technical Employees, & c. (State)
Award.
1.2. Arrangement
This award is arranged as follows:
PART 1 – APPLICATION AND
OPERATION OF AWARD
Clause No. Subject Matter
1.1 Award
Title
1.2 Arrangement
1.3 Anti-Discrimination
1.4 Definitions
1.5 Application
Of The Award
1.6 Area,
Incidence And Duration
PART 2 ‑ ENTERPRISE
FLEXIBILITY
2.1 Enterprise
Flexibility
2.2 Facilitative
Provisions
PART 3 ‑ CONSULTATION
AND DISPUTE RESOLUTION
3.1 Consultative
Mechanism and Procedures
3.2 Dispute
Resolution Procedure
PART 4 ‑ EMPLOYMENT
RELATIONSHIP
4.1 Employer
And Employee Duties
4.2 Employment
Categories
4.2.1 Probationary Employment
4.2.2 Full Time Employment
4.2.3 Casual Employment
4.2.4 Part‑Time Employment
4.2.5 Employment For Specific Period Of Time Or For A Specific Task Or
Tasks
4.2.6 Apprentices
4.2.7 Trainees
4.2.8 Junior Tracers
4.2A Secure
Employment
4.3 Termination
Of Employment
4.3.1 Notice Of Termination By Employer
4.3.2 Notice Of Termination By Employee
4.3.3 Summary Dismissal
4.3.4 Time Off During Notice Period
4.3.5 Certificate Of Service
4.4 Redundancy
4.4.1 Application
4.4.2 Introduction Of Change
4.4.2.1 Employer’s Duty To Notify
4.4.2.2 Employer’s Duty To Discuss Change
4.4.3 Redundancy
4.4.3.1 Discussions Before
Terminations
4.4.4 Termination Of Employment
4.4.4.1 Notice For Changes In Production,
Programme, Organisation Or Structure
4.4.4.2 Notice For Technological Change
4.4.4.3 Time Off During The Notice Period
4.4.4.4 Employee Leaving During The Notice Period
4.4.4.5 Statement Of Employment
4.4.4.6 Employment Separation Certificate
4.4.4.7 Transfer To Lower Paid Duties
4.4.5 Severance Pay
4.4.5.1 Amounts
4.4.5.2 Incapacity
To Pay
4.4.5.3 Alternative Employment
4.5 Absence
From Duty
4.6 Standing
Down Employees
4.7 Abandonment
Of Employment
4.8 Pay Slips
And Employer Records
4.9 Right Of
Entry
4.10 Award To Be
Posted
4.11 Notice
Boards
4.12 Notification
Of Classification
PART 5 ‑
RATES OF PAY AND RELATED MATTERS
5.1 Classifications
And Rates Of Pay
5.1.1 Rates Of Pay For Adult Employees
5.1.2 Classification Definitions
5.1.3 Procedure For Classifying Employees
5.1.4 Lower And Higher Grade Duty
5.2 Training
5.3 Apprentice
Rates Of Pay
5.4 Tracers
Junior Rates Of Pay
5.5 Trainee
Rates Of Pay
5.6 Supported
Wage System For People With Disabilities
5.7 Allowances
And Special Rates
5.7.1 Allowances
5.7.2 Application Of Technical Computing Allowance
5.7.3 Checking Work Allowance
5.7.4 Trainer/Supervisor/Coordinator - Technical
5.8 Extra
Rates Not Cumulative
5.9 Payment Of
Wages
5.9.1 Period Of Payment
5.9.2 Method Of Payment
5.9.3 Payment Of Wages On Termination Of Employment
5.9.4 Day Off Coinciding With Pay Day
5.9.5 Wages To Be Paid During Working Hours
5.9.6 Absences From Duty Under An Averaging System
5.10 Ship Trials
PART 6 ‑ HOURS OF
WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
6.1 Ordinary
Hours Of Work
6.1.1 Ordinary Hours Of Work ‑ Day Workers
6.1.2 Ordinary Hours Of Work ‑ Continuous Shiftworkers
6.1.3 Ordinary Hours Of Work ‑ Non‑Continuous Shiftworkers
6.1.4 Methods Of Arranging Ordinary Working Hours
6.1.5 Daylight Saving
6.2 Special
Provisions For Shiftworkers
6.2.1 Definitions
6.2.2 Afternoon And Night Shift Allowances
6.2.3 Rate For Working On Saturday Shifts
6.2.4 Rate For Working On Sunday And Public Holiday Shifts
6.3 Meal
Breaks
6.4 Morning
And Afternoon Tea
6.5 Overtime
6.5.1 Payment For Working Overtime
6.5.2 Requirement To Work Reasonable Overtime
6.5.3 One In, All In Does Not Apply
6.5.4 Rest Period After Overtime
6.5.5 Call Back
6.5.6 Standing By
6.5.7 Saturday Work
6.5.8 Sunday Work
6.5.9 Public Holiday Work
6.5.10 Rest Break
6.5.11 Meal Allowance
6.5.12 Transport Of Employees
PART 7 ‑
TYPES OF LEAVE AND PUBLIC HOLIDAYS
7.1 Annual
Leave
7.1.1 Period Of Leave
7.1.2 Public Holidays Falling In A Period Of Leave
7.1.3 Leave To Be Taken
7.1.4 Proportionate Leave On Termination
7.1.5 Annual Close Down
7.1.6 Annual Leave Loading
7.2 Long
Service Leave
7.3 Sick Leave
7.3.1 Amount Of Paid Sick Leave
7.3.2 Single Day Absences
7.3.3 Accumulation Of Sick Leave
7.3.4 Attendance At Hospital, Etc.
7.3.5 Year Of Service
7.3.6 Broken Service
7.4 Personal/Carers
Leave
7.4.1 Use Of Sick Leave
7.4.2 Unpaid Leave For Family Purpose
7.4.3 Use Of Annual Leave
7.4.4 Use Of Time Off In Lieu Of Payment For Overtime
7.4.5 Use Of Make-Up Time
7.4.6 Use Of Rostered Days Off
7.4.7 Bereavement Leave
7.4.8 Personal Carers Entitlement For Casual Employees
7.5 Jury
Service
7.6 Parental
Leave
7.7 Public
Holidays
7.7.1 Prescribed Holidays
7.7.2 Payment For Time Worked On A Public Holidays
7.7.3 Effect On Payment For Holidays If Absent On Working Day Before
Or After
7.7.4 Rostered Day Off Falling On Public Holiday
7.7.5 Public Holidays Falling Within A Period Of Annual Leave
PART 8 - MISCELLANEOUS
8.1 Clothing
And Equipment
8.2 Lockers
SCHEDULES
SCHEDULE A - Classification Definitions
SCHEDULE B - Comparative Schedule
SCHEDULE C - Industries And Callings
1.3.
Anti-Discrimination
1.3.1 It is the intention of the parties bound by this award to seek
to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
1.3.2 It follows that in fulfilling their obligations under the
dispute resolution procedure prescribed by this award the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this award are not directly or indirectly discriminatory in their
effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
1.3.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
1.3.4 Nothing in this clause is to be taken to affect:
1.3.4.1 any conduct or act which is specifically
exempted from anti-discrimination legislation;
1.3.4.2 offering or providing junior rates of
pay to persons under 21 years of age;
1.3.4.3 any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
1.3.4.4 a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
1.3.5 This clause does not create legal rights or obligations in
addition to those imposed upon the parties by the legislation referred to in
this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in 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."
1.4. Definitions
1.4.1 "Engineering Streams" are the three broad engineering
streams recognised within the classification definitions set out in Schedule A,
namely: Electrical/electronic; fabrication; and mechanical. Additionally, there
are five vocational fields (as defined).
Entry to training in any engineering stream is not conditional on union
membership. The streams are defined as:
(a) "Electrical/electronic
stream" includes the design, assembly, manufacture, installation,
modification, testing, fault finding, commissioning, maintenance and service of
all electrical and electronic devices systems, equipment and controls, eg,
electrical wiring, motors, generators, PLC's and other electronic controls,
instruments, refrigeration, telecommunications, radio and television,
communication and information processing.
(b) "Mechanical
stream" includes the design, assembly, manufacture, installation,
modification, testing, fault finding, commissioning, maintenance and service of
all mechanical equipment, machinery, fluid power systems, automotive mechanics,
instruments, refrigeration, and the use of related computer controlled
equipment, eg, Computer Numeric Controlled machine tools.
(c) "Fabrication
stream" includes fabrication, forging, carpentry, plumbing, founding,
structural steel erection, electroplating, metal spinning, metal polishing,
sheet metal work and the use of related computer controlled equipment. This
includes fabrication in all metals, plastics, carbon fibre, composite
materials, ceramics and other materials.
1.4.2 "Vocational Fields" are the five vocational fields
recognised within the classification structure of this Award, namely: trade;
technical; engineering/production; supervisor/trainer/coordinator; and
professional. The fields are defined
as:
(a) "Trade"
includes an employee who possesses as a minimum qualification a trade
certificate in any of the engineering streams on the higher engineering trade
(as defined).
(b) "Technical
Field" includes:
(i) Production
planning, including scheduling, work study, and estimating materials, handling
systems and like work.
(ii) Technical
including inspection, quality control, supplier evaluation, laboratory, non‑
destructive testing, technical purchasing, and design and development work
(prototypes, models, specifications) in both product and process areas and like
work.
(iii) Design and
draughting and like work.
(c) "Engineering/Production
Field" includes employees primarily engaged in production work including
production, distribution, stores and warehousing, but does not require a
qualification in the trade, technical, professional or supervisory fields.
(d) "Supervisor/Trainer/Coordinator
Field" includes employees who are:
(i) Responsible
for the work of other employees and/or provision of on‑the‑job
training including coordination and/or technical guidance; or
(ii) Responsible
for supervision and/or training of other supervisors or trainers; or
(iii) Responsible
primarily for the exercise of technical skills, as defined, up to the level of
their skill and competence and who are additionally involved in the supervision/training
of other employees.
(e) "Professional
Field" includes an employee who possesses an academic qualification which
enables that employee to become a graduate member of the Institute of
Engineers, Australia or an academic qualification in science set out in the
Academic Schedule appearing in the Metal, Engineering and Associated Industries
(State) Award.
1.5. Application of
Award
1.5.1 Draughting Employees and Tracers
(a) This award
applies to -
(i) persons
employed primarily as draughting employees and who are occupied for the
substantial part of the time as draughting employees;
(ii) Persons
employed for the substantial part of their time as tracers;
(b) This award
does not apply to -
(i) articled
students in architecture or surveying and student engineers employed by
professional consulting engineers;
(ii) persons who,
for a term not exceeding two years, are employed in a drawing office as part of
a course of training in a profession other than draughting or for an executive
or administrative appointment;
(iii) persons
employed within the County of Yancowinna.
1.5.2 This award applies to -
Persons
employed as technical officers, technical assistants, and planners of
engineering production, construction or maintenance work and trainees and
cadets in any of the aforementioned occupations in the State excluding the
County of Yancowinna.
1.6. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the
Draughting Employees, Planners, Technical Employees, &c. (State) Award
published 21 September 2001 (327 I.G. 1058), as varied.
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 15 January 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
It shall apply to all persons of the classes herein mentioned in the
State excluding the County of Yancowinna.
This award shall apply to the
Industries and Callings under the jurisdiction of the Draughtsmen, Planners,
Technical Officers (State) Industrial Committee
Excepting employees of:
Division A ‑ Draughtsmen and Tracers
Excepting ‑
Employees of the Crown as defined in section 5 of Industrial Arbitration Act 1940;
Persons employed by the
Electrolytic Refining and Smelting Company of Australia Proprietary Limited,
the Metal Manufactures Limited, the Australian Fertilizers Limited, and the
Austral Standard Cables Proprietary Limited, in and about the works of the said
companies at Port Kembla; and
Employees in and about
metalliferous and limestone mines, in or in connection with mining for
minerals, other than coal and shale, in or about diamond and gem‑bearing
mines, mining dredges, ore sluicing processes, ore smelting, refining,
treatment and reduction works;
And excepting also persons employed by ‑
The Australian Gas Light Company;
The North Shore Gas Company Limited;
Newcastle Gas Company Limited;
The Council of the City of Sydney;
The Sydney County Council;
St George County Council;
The Clarence River County Council;
The Council of the City of Newcastle;
Shire and Municipal Councils;
The Electricity Commission of New South Wales;
Electric Light and Power Supply Corporation Limited;
The Hunter District Water Board;
The Metropolitan Water, Sewerage and Drainage Board;
State Rail Authority of New South Wales;
The Commissioner for Motor Transport;
The Maritime Services Board of New South Wales;
The Commissioner for Main of Roads; Newcastle;
The Water Resources Commission;
And persons coming within the jurisdiction of the following Industrial
Committees ‑
Sugar Workers (Colonial Sugar Refining Company Limited, Pyrmont);
Steel Works Employees (Broken Hill Proprietary Company Limited);
Iron and Steel Works Employees (Australia Iron & Steel Proprietary Limited);
John Lysaght (Australia) Pty Limited, Newcastle;
Tubemakers of Australia Limited, Newcastle;
Australian Wire Industries Pty Limited ‑ Sydney Wiremill;
John Lysaght (Australia) Pty Ltd ‑ Port Kembla;
Australian Wire Industries Pty Ltd ‑ Newcastle Ropery;
Cement Workers, &c. (State);
Special Steels and Steel Products Manufacture (Commonwealth Steel Company
Limited);
Tubemakers of Australia Limited, Yennora;
Australian Wire Industries Pty Ltd ‑ Newcastle Wiremill;
And excepting ‑
Employees within the jurisdiction
of the County Councils (Electricity Undertakings) Employees Industrial
Committee, the Shortland County Council Industrial Committee, the Commonwealth
Steel Company Limited, Unanderra, Industrial Committee, the University
Employees, &c. (State) Industrial Committee, the Smelting and Fertilizer
Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers
Limited) Industrial Committees; Googong Dam Project Industrial Committee.
Division B ‑ Production Planners and Technical Officers Excepting ‑
Employees of the Crown;
And excepting also persons employed by ‑
Public Transport Commission of New South Wales;
The Electricity Commission of New South Wales;
The Commissioner for Motor Transport;
The Metropolitan Water Sewerage and Drainage Board;
The Hunter District Water Board;
The Commissioner for Main Roads;
The Maritime Services Board of New South Wales;
The Water Resources Commission;
South Maitland Railways Pty Limited;
The United Dental Hospital of Sydney;
And excepting also ‑
Persons employed in the coal mining industry;
Persons employed by municipal, shire and country councils;
An excepting also employees within the jurisdiction of the following
Industrial Committees, namely ‑
Iron and Steel Works Employees (Australian Iron & Steel Proprietary
Limited);
Australian Wire Industries Pty Ltd, Newcastle Ropery;
Steel Works Employees (Broken Hill Proprietary Company Limited);
Special Steels and Steel Products Manufacture (Commonwealth Steel Company
Limited);
Commonwealth Steel Company Limited, Unanderra;
John Lysaght (Australia) Pty Ltd, Newcastle;
John Lysaght (Australia) Pty Ltd, Port Kembla;
Australian Wire Industries Pty Ltd ‑ Sydney Wiremill;
Australian Wire Industries Pty Ltd ‑ Newcastle Wiremill;
Cement Workers, &c. (State);
Tubemakers of Australia Limited, Yennora;
Tubemakers of Australia Limited, Newcastle;
Quarries (Australian Iron and Steel Pty Limited);
Quarries, &c. (Broken Hill Proprietary Company Limited);
Engineers, &c. (State);
Metalliferous Miners, &c., General (State);
Metalliferous Miners, &c. (State) No. 2;
Scientific Officers, Chemists and Chemical Colonial Sugar Refining Co.
Limited (Concord Works);
Sugar Workers (Colonial Sugar Refining Company Limited, Pyrmont);
Engineers (State);
University Employees, &c. (State);
Smelting, &c. (Electrolytic R.& S. Company, &c.);
Smelting (Sulphide Corporation Limited);
Australian Gas Light Company (Salaried Division);
North Shore Gas Company Limited (Salaried Division);
Newcastle Gas Company Limited (Salaried Division);
Australian Gas Light Company (Wages Division);
North Shore Gas Company Limited (Wages Division);
Googong Dam Scheme.
Exemptions
Exclusion - Unilever Australia
Limited (Unifoods Division) - Employees of Unilever Australia Limited, Unifoods
Division, Concord, employed on the Concord site shall be excluded from the
terms and conditions of this award so long as they are employees under the
terms and conditions of the Industrial Agreement registered pursuant to section
11 of the Industrial Arbitration Act 1940, or any agreement replacing
it.
PART 2 ‑ ENTERPRISE FLEXIBILITY
Summary
These clauses provide for how the award may be varied in order to meet
the particular needs of an enterprise.
2.1. Enterprise
Flexibility
Where an employer or employees
wish to pursue an agreement at the enterprise or workplace about how the award
should be varied so as to make the enterprise or workplace operate more
efficiently according to its particular needs, the following process shall
apply:
2.1.1 A consultative mechanism and procedures appropriate to the size,
structure and needs of the enterprise or workplace shall be established.
2.1.2 For the purpose of the consultative process the employees may
nominate the Union or Unions bound by this award, or other representative, to
represent them.
2.1.3 Where agreement is reached an application shall be made to the
Commission.
2.2. Facilitative
Provisions
2.2.1 Agreement to
vary award provisions
(a) This award
contains facilitative provisions which allow agreement between an employer and
employees on how specific award provisions are to apply at the workplace or
section or sections of it. The facilitative provisions are identified in 2.2.2,
2.2.3 and 2.2.4.
(b) The specific
award provisions establish both the standard award condition and the framework
within which agreement can be reached as to how the particular provisions
should be applied in practice. Facilitative provisions are not to be used as a
device to avoid award obligations nor should they result in unfairness to an
employee or employees covered by this award.
2.2.2 Facilitation by
individual agreement
(a) The following
facilitative provisions can be utilised upon agreement between employer and an
employee provided that the agreement complies with paragraphs 2.2.2 (b),
subparagraphs (c)(i) and (ii):
4.2.4 (b)(iii) Variation
to hours Part‑time Employment
6.3.5 Meal
Break
(b) The agreement
reached must be recorded in the time and wage record kept by the employer in
accordance with Division 2 of Part 4 of the Industrial Relations (General)
Regulation 1996.
(c)
(i) If an
employee is a member of a union bound by the award, the employee may be
represented by the union in meeting and conferring with the employer about the
implementation of the facilitative provisions.
(ii) The union
must be given a reasonable opportunity to participate in negotiations regarding
the proposed implementation of a facilitative provision. Union involvement does
not mean that the consent of the union is required prior to the introduction of
agreed facilitative arrangements.
2.2.3 Facilitation by majority
or individual agreement
(a) Subject to
paragraphs (b) and (c) of this subclause, the following facilitative provisions
can be utilised upon agreement between the employer and the majority of
employees in the workplace or a section or sections of it OR, the employer and
an individual employee.
5.9.1(b) Payment
of Wages
6.1.1(b) Ordinary
hours of Work for Day Workers on Weekends
6.1.1(c) Variation
to Spread of Hours for Day Workers
6.1.4(a)&(b) Methods
of Arranging Ordinary Working Hours
6.2.1 Shift
Definitions
6.3.1(b) Working
in Excess of Five Hours without a Meal Break
7.7.1(d) Substitution
of Public Holidays
(b) Majority
Agreement
Where agreement has been reached with the majority of employees
in the workplace or a section or sections of it to implement a facilitative
provision in 2.2.3(a), the employer may not implement that agreement unless:
(i) it complies
with 2.2.2(b), 2.2.2(c) and where specified 2.2.5; and
(ii) agreement has
been reached with each individual employee to be covered by the facilitative
provision.
(c) Individual
Agreement
Where no agreement has been sought by the employer with
the majority of employees in accordance with 2.2.3(b), the employer may seek to
reach agreement with individual employees in the workplace, and such agreement
will be binding on individual employees provided it complies with 2.2.2(b) and
(c) and provided that the agreement is only with an individual employee or a
number of individuals less than the majority in the workplace or a section or
sections of it.
2.2.4 Facilitation by Majority Agreement
(a) The following
facilitative provisions may only be utilised upon agreement between the
employer and the majority of employees in the workplace or a section or
sections of it.
6.1.2 (c) Ordinary
Hours of Work, Continuous Shift Workers
6.1.3 (b) Ordinary
Hours of Work, Non‑continuous Shift Workers
6.1.4 (c) 12
Hour Shifts
7.1.1 Period
of Annual Leave
7.1.5 (vi)(b) Annual
Close Down
(b) Where agreement
has been reached with the majority of employees in the workplace, or a section
or sections of it, to implement a facilitative provision in 2.2.4(a), that
agreement shall be binding on all such employees, provided the requirements of
2.2.2(b), 2.2.2(c) and where specified 2.2.5 have been met.
2.2.5 Additional Safeguard
(a) An additional
safeguard applies to:
5.9.1 (b) Period
of Payment of Wages
6.1.2 (c) Ordinary
Hours of Work, Continuous Shift Workers
6.1.3 (b) Ordinary
Hours of Work, Non‑Continuous Shift Workers
(b) The additional
safeguard requires that the unions which are party to the award and which have
members employed at an enterprise covered by the award shall be informed by the
employer of the intention to use the facilitative provision and shall be given
a reasonable opportunity to participate in the negotiations regarding its
use. Union involvement in this process
does not mean that the consent of the union is required prior to the
introduction of agreed facilitative arrangements at the enterprise.
2.2.6 Majority vote at the initiation of the employer
A vote
of employees in the workplace, or a section or sections of it, taken in
accordance with 2.2.3 or 2.2.4, to determine if there is majority employee
support for implementation of a facilitative provision, will be of no effect,
unless taken with the agreement of the employer.
2.2.7 Dispute over facilitation
In the
event that a dispute or difficulty arises over the implementation or continued
operation of a facilitative provision, the matter will be handled in accordance
with the dispute resolution procedure in clause 3.2
PART 3 – CONSULTATION AND DISPUTE RESOLUTION
3.1. Consultative
Mechanism and Procedures
3.1.1 At each
enterprise covered by this award the employer and employees and, if appropriate
an appropriate representative including a trade union bound by this award, may
establish a mechanism and procedures which enables them to communicate and
consult about matters arising out of this award, in particular clauses 2.1 and 2.2
which they agree would assist in achieving and maintaining co‑operative
workplace relations and mutually beneficial work practices.
3.1.2 The employer
shall permit a notice board to be erected in the plant, or each part of a
plant, to facilitate communication between employees and/or their union
representatives.
3.2. Dispute
Resolution Procedure
Summary
Each enterprise must establish a procedure to avoid or resolve disputes.
3.2.1 A procedure for the avoidance or resolution of disputes will
apply in all enterprises covered by this Award. The mechanism and procedures for resolving industrial disputes
will include, but not be limited to, the following:
3.2.1
(a) The employee/s
concerned will first meet and confer with their immediate supervisor. The
employee/s may appoint another person to act on their behalf including a shop
steward or delegate of their union.
Subject to 3.2.2 and 3.2.3 where the shop steward or
delegate is involved he/she shall be allowed the necessary time during working
hours to interview the employee(s) and the supervisor.
3.2.1
(b) If the matter
is not resolved at such a meeting the parties will arrange further discussions
involving more senior management as appropriate. The employee may invite a
union official to be involved in the discussions. The employer may also invite
into the discussions an officer of the employer organisation to which the
employer belongs.
The shop steward or delegate shall be allowed at a
place designated by the employer, a reasonable period of time during working
hours to interview the duly accredited Union Officials of the Union to which
they belong.
(c) If the matter
remains unresolved, the employer may refer it to a more senior level of
management or to a more senior national officer within the employer
organisation. The employee may invite a
more senior union official to be involved in the discussions. In the event there is no agreement to refer
the matter to a more senior level or it is agreed that such a reference would
not resolve the matter the parties shall jointly or individually refer the
matter to the Industrial Relations Commission of New South Wales for assistance
in resolving the matter.
3.2.2 In order to facilitate the procedure in 3.2.1:
(a) The party with
the grievance must notify the other party at the earliest opportunity of the
problem;
(b) Throughout all
stages of the procedure all relevant facts must be clearly identified and
recorded;
(c) Sensible time
limits must be allowed for completion of the various stages of discussion.
However, the parties must co‑operate to ensure that the disputes
resolution procedures are carried out as quickly as possible.
3.2.3 While the
parties are attempting to resolve the matter the parties will continue to work
in accordance with this award and their contract of employment unless the
employee has a reasonable concern about an imminent risk to his or her health
and safety. Subject to relevant
provisions of the Occupational Health and Safety Act 2000, even if the
employee has a reasonable concern about an imminent risk to his or her health
or safety, the employee must not unreasonably fail to comply with a direction
by his or her employer to perform other available work, whether at the same
enterprise or another enterprise, that is safe and appropriate for the employee
to perform.
Part 4 – EMPLOYMENT RELATIONSHIP
4.1. Employer and
Employee Duties
Summary
An employee has certain
obligations to carry out duties as directed. Any direction by the employer must
be consistent with a safe and healthy work environment.
4.1.1 An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skills, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
de-skilling.
4.1.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained in the use
of such tools and equipment.
4.1.3 Any direction
issued by an employer under this clause is to be consistent with the employer's
responsibilities to provide a safe and healthy working environment.
4.2. Employment
Categories
Summary
This clause describes the various categories of employment under this
award.
4.2.1 Probationary Employment
(a) An employer
may initially engage a full‑time or part‑time employee for a period
of probationary employment for the purpose of determining the employee's
suitability for ongoing employment. The employee must be advised in advance
that the employment is probationary and of the duration of the probation which
can be up to but not exceed three months.
(b) A probationary
employee is for all purposes of the award a full‑time or part‑time
employee.
(c) Probationary
employment forms part of an employee's period of continuous service for all
purposes of the award, except where otherwise specified in this award.
4.2.2 Full‑time Employment
Any
employee not specifically engaged as being a part‑time or casual employee
is for all purposes of this award a full‑time employee, unless otherwise
specified in the award.
4.2.3 Casual Employment
A
casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid one
thirty eighth of the weekly award wage prescribed herein for the work which he
or she performs, plus 15 per cent.
4.2.4 Part‑time Employment
(a) An employee
may be engaged to work on a part‑time basis involving a regular pattern
of hours which shall average less than 38 hours per week
(b)
(i) Before
commencing part‑time employment, the employee and employer must agree:
(1) upon the hours
to be worked by the employee, the days upon which they will be worked and the
commencing and finishing times for the work;
(2) upon the
classification applying to the work to be performed in accordance with Clause
5.1 of this award;
(ii) Except as
otherwise provided in this Award a part‑time employee is entitled to be
paid for the hours agreed upon in accordance with 4.2.4 (b)(i)(1).
(iii) The terms of
this agreement may be varied by consent.
(iv) The terms of
this agreement or any variation to it shall be in writing and retained by the
employer. A copy of the agreement and any variation to it shall be provided to
the employee by the employer.
(c) The terms of
this award shall apply pro rata to part‑time employees on the basis that
ordinary weekly hours for full‑time employees are 38.
(d) Overtime
A part‑time employee who is required by the
employer to work in excess of the hours agreed upon in accordance with 4.2.4(b)
(i) and (iii), shall be paid overtime in accordance with clause 6.5 of this
award.
(e) Public
Holidays
Where the part‑time employee's normal paid hours
fall on a public holiday prescribed in clause 7.7 and work is not performed by
the employee, such employee shall not lose pay for the day. Where the employee
works on the holiday, such employee shall be paid in accordance with Clause 7.7
of this award.
4.2.5 Employment for a Specific Period of Time or a Specific Task or
Tasks
(a) An employee
may be engaged on a full time or part time basis for a specific period of time
or for specific task/s.
(b) The details of
the specific period of time or specific task/s shall be set out in writing and
retained by the employer. The employer
shall provide a copy to the employee.
(c) An employee
engaged in accordance with 4.2.5(a) is for all purposes of the award a full‑time
or part‑time employee, except where otherwise specified in this award.
(d) Service under
a contract of employment for a specific period of time or specific task/s shall
form part of an employee's period of continuous service, where such employee is
engaged as a full‑time or part‑time employee immediately following
such contract of employment.
4.2.6 Apprentices
(a) The terms of
this award will apply to apprentices (including adult apprentices, as defined)
except where it is otherwise stated or where special provisions are stated to
apply. Apprentices may be engaged in
trades or occupations provided for in this clause where declared or recognised
by an Apprenticeship Authority.
(b) Apprenticeship
Authority shall mean the Commissioner of Vocational Training appointed under
the Apprenticeship and Traineeship Act 2001, the Vocational Training
Tribunal constituted under the Act or the Industrial Relation Commission
established by the Industrial Relations Act 1996.
4.2.7 Trainees
The parties to this Award shall observe the terms of
the Metal Trades (Training Wage)(State) Award.
4.2.8 Junior tracers
The terms of this award apply to junior tracers except
where otherwise stated or where special provisions are stated to apply.
4.2A. 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
or 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.
4.3. Termination of
Employment
Summary
This clause describes certain
rights and obligations of both employer and employees in circumstances where
employment is terminated.
4.3.1 Notice of Termination by Employer
(a) In order to
terminate the employment of an employee the employer must give to the employee
the following notice:
Period of Service
|
Period of Notice
|
|
|
1 year or less
|
l week
|
1 year and up to the completion of 3 years
|
2 weeks
|
3 years and up to the completion of 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice in 4.3.1(a) employees over 45 years of age at the time of the giving
of the notice with not less than two years service, are entitled to an
additional week's notice.
(c) Payment in
lieu of the notice prescribed in 4.3.1(a) and (b) must be made if the
appropriate notice period is not given.
Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(d) In calculating
any payment in lieu of notice, the wages an employee would have received in
respect of the ordinary time he or she would have worked during the period of
notice, had their employment not been terminated, must be used.
(e) The period of
notice in this clause does not apply in the case of dismissal for serious
misconduct, or in the case of casual employees, apprentices, or employees
engaged for a specific period of time or for a specific task or tasks.
(f) For the
purposes of this clause, service shall be calculated in the manner prescribed
by subclause 7.3.5 ‑ Year of Service.
4.3.2 Notice of Termination by Employee
The notice of termination required to be given by an
employee shall be the same as that required of an employer, except that there
is no additional notice based on the age of the employee concerned. If an
employee fails to give notice the employer has the right to withhold moneys due
to the employee to a maximum amount equal to the ordinary time rate of pay for
the period of notice.
4.3.3 Summary Dismissal
The employer has the right to dismiss any employee
without notice for serious misconduct and in such cases any entitlements under
this award are to be paid up to the time of dismissal only.
4.3.4 Time off during notice period
Where an employer has given notice to an employee, an
employee shall be allowed up to one day's time off without loss of pay for the
purpose of seeking other employment. The time off shall be taken at times that
are convenient to the employee after consultation with the employer.
4.3.5 Certificate of Service
Upon termination of employment, the employer, when
requested by the employee, shall provide him with a certificate of service
stating length of service, duties performed and classification of office.
4.4. Redundancy
4.4.1 Application
(a) This
clause shall only apply in respect of full-time and part-time employees.
(b) This
clause shall apply in respect of employers who employ 15 employees or more
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.
4.4.2 Introduction of
Change
4.4.2.1 Employer's
duty to notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
4.4.2.2 Employer's
duty to discuss change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in 4.4.2.1, the effects
the changes are likely to have on employees and measures to avert or mitigate
the adverse effects of such changes on employees, and shall give prompt
consideration to matters raised by the employees and/or the union in relation
to the changes.
(b) The discussions
shall commence as early as possible after a definite decision has been made by
the employer to make the changes referred to in 4.4.2.1.
(c) For the
purpose of such discussions, 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.
4.4.3 Redundancy
4.4.3.1 Discussions
before terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to 4.4.2.1(a), and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of 4.4.3.1(a) and shall
cover, inter alia, any reasons for the proposed terminations, measures to avoid
or minimise the terminations and measures to mitigate any adverse effects of
any termination of the employees concerned.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
4.4.4 Termination of Employment
4.4.4.1 Notice
for Changes in Production, Programme, Organisation or Structure
(a) The notice
provisions to be applied to terminations by the employer for reasons arising
from changes in production, programme, organisation or structure shall be the
same as that provided in 4.3 Termination of Employment
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.4.4.2 Notice
for Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with 4.4.2.1(a).
(a) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
4.4.4.3 Time
off during the notice period
(a) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of 5 weeks, for the purposes of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
4.4.4.4 Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause 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.
4.4.4.5 Statement
of employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
4.4.4.6 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 provided by
Centrelink.
4.4.4.7 Transfer
to lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in clause 4.4.2 of this award, 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.
4.4.5 Severance Pay
4.4.5.1 Amounts
Where an employee is to be terminated pursuant to
subclause 4.4.4, the employer shall pay the following severance pay in respect
of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of Age
Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less
than 2 years
|
4 weeks
|
2 years and less
than 3 years
|
7 weeks
|
3 years and less
than 4 years
|
10 weeks
|
4 years and less
than 5 years
|
12 weeks
|
5 years and less
than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45
Years of Age and Over Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5weeks
|
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
|
15weeks
|
5 years and less than 6 years
|
17.5
weeks
|
6 years and over
|
20
weeks
|
(c) "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.
4.4.5.2 Incapacity
to pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 4.4.5.1
above.
The 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 4.4.5.1 above will have on the employer.
4.4.5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 4.4.5.1
above if the employer obtains acceptable alternative employment for an
employee.
4.5. Absence from
Duty
Unless a provision of this award
states otherwise (e.g. sick leave), an employee not attending for duty will
lose their pay for the actual time of such non ‑ attendance.
4.6. Standing Down
Employees
Summary
The employer has the right to stand down an employee without pay in
certain circumstances.
The employer has the right to deduct
payment for any day the employee cannot be usefully employed because of any
strike or through any breakdown in machinery or any stoppage of work by any
cause for which the employer cannot reasonably be held responsible. Provided that such standing down shall not
be deemed a break in the continuity of employment for the purposes of any
rights under this award.
4.7. Abandonment of
Employment
Summary
This clause describes the circumstances which amount to abandonment of
employment by an employee.
The absence of an employee from
work for a continuous period exceeding three working days without the consent
of the employer and without notification to the employer shall be prima facie
evidence that the employee has abandoned their employment.
Provided that if within a period
of 14 days from their last attendance at work or the date of their last absence
in respect of which notification has been given or consent has been granted an
employee has not established to the satisfaction of the employer that they were
absent for reasonable cause, they shall be deemed to have abandoned their
employment.
Termination of employment by
abandonment in accordance with this subclause shall operate as from the date of
the last attendance at work or the last day's absence in respect of which
consent was granted, or the date of the last absence in respect of which
notification was given to the employer, whichever is the later.
4.8. Pay Slips and
Employer Records
4.8.1 Pay Slips
Section 123 of the Industrial
Relations Act 1996 (NSW) (‘the Act’) requires that when an employer pays
remuneration to an employee, the employer must supply the employee with written
particulars regarding the payment. The
section enables an employer, with the approval of the Industrial Registrar, to
make different arrangements for the supply of information about remuneration.
NOTE: The written particulars required by the Act, as
set out in Clause 7 of the Industrial Relations (General) Regulation 1996, are
subject to change from time to time and are repeated here for convenience only.
Clause 7 Particulars
of remuneration to be supplied to employees
(1) For the
purposes of section 123 (1) of the Act, the following written particulars are
to be supplied by the employer to an employee when remuneration is paid to the
employee:
(a) the name and
Australian Business Number of the employer,
(b) the name of
the employee,
(c) if the
remuneration of the employee is set by an industrial instrument—the
classification of the employee under that instrument,
(d) the date on
which the payment was made,
(e) the period of
employment to which the payment relates,
(f) the gross
amount of remuneration (including overtime and other payments),
(g) the amount
paid as overtime or such information as will enable the employee to calculate
the amount paid as overtime,
(h) the amount
deducted for taxation purposes,
(i) the amount
deducted as employee contributions for superannuation purposes,
(j) the
particulars of all other deductions,
(k) the net amount
paid.
4.8.2 Employer
Records
Section 129 of the Industrial
Relations Act 1996 (NSW) (‘the Act’) requires that an employer must ensure
that certain records are kept in relation to employees of the employer.
NOTE: The
records required by the Act, as set out in Division 2 - Employers’ records, of
Part 4 of the Industrial Relations (General) Regulation 1996, are subject to
change from time to time and are summarised here for convenience only.
Clause 9 Content
of records - General
The prescribed records relating to an employee must
contain the following particulars:
(a) the full name
of the employer,
(b) the full name
of the employee,
(c) if any
conditions of employment of the employee are set by an industrial instrument
the classification of the employee under that instrument,
(d) whether the
employee is employed full-time or part-time,
(e) whether the
employee is employed on a permanent, temporary or casual basis,
(f) if the
employee is an apprentice or trainee within the meaning of the Industrial and Commercial Training Act 1989
the date the person became such an apprentice or trainee,
(g) the date on
which the employee was first employed with the employer,
(h) if the
employee's employment is terminated the date of termination.
Clause 10 Content
of records—remuneration and hours worked
(1) The prescribed
records relating to an employee must contain the following particulars
concerning the remuneration paid and hours worked by the employee:
(a) if the
relevant industrial instrument prescribes the number of hours to be worked per
week, day or other period—the number of hours worked by the employee during
each such period,
(b) if the
relevant industrial instrument limits the daily hours of work and provides for
the payment of daily overtime—the number of hours worked by the employee during
each day and the times of starting and ceasing work,
(c) if the
relevant industrial instrument prescribes a rate of remuneration per week, day,
hour or other period—the rate of remuneration per week, day, hour or other
period at which the employee is paid,
(d) if the
relevant industrial instrument prescribes piece-work—the number and description
of pieces made by the employee and the rate per piece at which the employee is
paid,
(e) the gross
amount of remuneration paid to the employee, showing the deductions made from
that remuneration,
(f) such other
particulars as are necessary to show that the requirements of the relevant
industrial instrument relating to remuneration paid and hours worked are being
complied with
(2) In this
clause, remuneration includes overtime and other payments.”
Clause 11 Content
of records-leave
The prescribed records relating to an employee must
contain the following particulars about leave of any kind to which the employee
is entitled under the industrial relations legislation or an industrial
instrument:
(a) the leave
taken by the employee,
(b) the employee’s
entitlement from time to time to that leave,
(c) accrual of
leave
Clause 12 Content
of records—superannuation contributions
(1) The prescribed
records relating to an employee must contain the following particulars about
any superannuation contributions that the employer must make for the benefit of
the employee under an industrial instrument:
(a) the amount of
the contributions made,
(b) the period
over which the contributions were made,
(c) when the
contributions were made,
(d) the name of
the fund or funds to which the contributions were made,
(e) the basis on
which the employer became liable to make the contributions (including
particulars of any relevant election by the employee).
(2) The
particulars referred to in subclause (1) (a) - (c) are not required in the case
of contributions to a defined benefit superannuation fund within the meaning of
the Occupational Superannuation Standards Regulations of the Commonwealth.
Clause 13 Manner
and form of keeping records
(1) The prescribed
records must be:
(a) in legible
form in the English language, or
(b) in
computerised or other form that is readily accessible and is convertible into a
legible form in the English language.
(2) For the
purposes of enabling an inspector or other person to exercise any power
conferred by the Act to inspect any records kept in the form referred to in
subclause (1)(b), the relevant part of the records are to be converted into
legible form in the English language.
Clause 14 Transfer
of records to successor employers
(1) This clause
applies to the transfer of records kept by an employer (the former employer)
relating to a transferred employee (as defined in section 101 of the Act) to
the successor of the employer (the new employer).
(2) The former
employer must transfer to the new employer all prescribed records relating to
the transferred employee that, at the date of transfer, the former employer is
required to keep under section 129 of the Act.
(3) The new
employer is to keep those transferred records as if they had been made by the
new employer at the time they were made by the former employer.
(4) The former
employer is required to keep a copy of the transferred records for a period of
at least 6 years after those records were made.
(5) The new
employer is not required to make records of anything occurring in the course of
the transferred employee’s employment with the former employer.”
4.9. Right of Entry
See Part 7 of Chapter 5 of the Industrial
Relations Act 1996 (NSW).
4.10. Award to be
Posted
Section 361 of the Industrial Relations Act 1996 (NSW)
requires that an employer of employees whose conditions of employment at any
premises are affected by this award must cause a copy of this award to be
exhibited in a conspicuous place at those premises.
4.11 Notice Boards
4.11.1 Notice Board
The employer shall permit a notice board of reasonable
dimensions to be erected in a prominent position in his/her plant or in
separate buildings in each plant so that it will be reasonably accessible to
all his/her employees working under the award.
Accredited union representatives shall be permitted to put on the notice
board or boards, union notices, signed or countersigned by the representative
posting it. Any notice posted on such
board not so signed or countersigned may be removed by an accredited union
representative or by the employer.
4.12. Notification of
Classification
(a) All employees
covered by this award shall be given written notification by their employer of
their classification and number of years' credited service within that
classification within:
(i) two weeks of
being engaged by their employer;
(ii) two weeks of
entering into a classification or a promotion coming within the scope of this
award: Provided that the automatic progression of an employee through the years
of experience as expressed in the one classification shall not be deemed as
coming within (ii), of this subclause.
(b) Further, a
notification given to an employee on entry into a classification coming within
the scope of this award shall positively identify the designation of the
employee together with his credited "Years of Experience".
PART 5 –RATES OF PAY AND RELATED MATTERS
5.1. Classifications
and Rate S of Pay
5.1.1 Rates Of Pay
For Adult Employees
(a) Adult
employees, other than those specified in 5.1.1(b), shall be entitled to receive
the award rate of pay for the relevant classification as set out in the table
in 5.1.1(c)
(b) The following
adult employees are not entitled to receive the award rate of pay set out in
the table in 5.1.1(c):
Apprentices
Employees receiving a supported wage (refer to Clause
5.6);
Trainees (refer to Clause 5.5);
(c) Schedule of
Rates of Pay
Wage Group
|
Base Rate
|
Supplementary
|
SWC
|
Weekly Award
|
Hourly Rate
|
|
Per Week
|
Payment
|
Adjustments
|
Rate
|
|
|
$
|
Per Week
|
|
$
|
$
|
|
|
$
|
|
|
|
Level C14
|
284.80
|
40.60
|
206.00
|
531.40
|
13.98
|
Level C13
|
299.50
|
42.60
|
199.00
|
541.10
|
14.24
|
Level C12
|
319.20
|
45.40
|
199.00
|
563.60
|
14.83
|
Level C11
|
337.40
|
48.10
|
199.00
|
584.50
|
15.38
|
Level C10
|
365.20
|
52.00
|
201.00
|
618.20
|
16.27
|
Level C9
|
383.50
|
54.60
|
201.00
|
639.10
|
16.82
|
Level C8
|
401.70
|
57.20
|
201.00
|
659.90
|
17.37
|
Level C7
|
420.00
|
59.80
|
199.00
|
678.80
|
17.86
|
Level C6
|
456.50
|
65.00
|
199.00
|
720.50
|
18.96
|
Level C5
|
474.80
|
67.60
|
199.00
|
741.40
|
19.51
|
Level C4
|
493.00
|
70.20
|
199.00
|
762.20
|
20.06
|
Level C3
|
529.50
|
75.40
|
199.00
|
803.90
|
21.16
|
Level C2(a)
|
547.80
|
78.00
|
199.00
|
824.80
|
21.71
|
Level C2(b)
|
584.30
|
83.20
|
195.00
|
862.50
|
22.70
|
Level C1(a)
|
657.40
|
93.60
|
195.00
|
946.00
|
24.89
|
Level C1(b)
|
766.90
|
109.20
|
195.00
|
1071.10
|
28.19
|
(d) Trainer/Supervisor/Coordinator
‑ Technical
A Trainer/Supervisor/Coordinator ‑ Technical is
an employee who is responsible primarily for the exercise of skills in
technical fields as defined, up to the level of his/her skill and competence
and who is additionally involved in the supervision/training of other technical
employees. Such an employee shall receive not less than 107% of the rate of pay
applicable to the employee's technical classification.
(e) State Wage
Case Adjustments
The rates of pay in this award include the adjustments
payable under the State Wage Case 2007.
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.
(f) Phasing in of
Wage Rates of Employees without relevant Work Experience
An employee who possesses the appropriate level of
academic qualifications and who otherwise meets the requirements of the
relevant classification definition but who is without prior experience in the
metal and engineering industry or other relevant work experience shall be paid
in accordance with the following formula:
Qualification
|
Years
of Relevant Experience
|
% of
Relevant Work
|
|
|
Rate
of Pay
|
|
|
|
Advanced Certificate or
|
0
|
77%
of C5 Rate
|
National Diploma 1
|
1
|
85%
of C5 Rate
|
|
2
|
96%
of C5 Rate
|
|
3
|
100%
of C5 Rate
|
|
|
|
Associate Diploma or
|
0
|
72%
of C3 Rate
|
National Advanced Diploma
|
1
|
79%
of C3 Rate
|
|
2
|
89%
of C3 Rate
|
|
3
|
93%
of C3 Rate
|
|
4
|
100%
of C3 Rate
|
(g) For the
purposes of this clause, any entitlement to wages expressed to be by the week
shall mean any entitlement which an employee would receive for performing 38
hours of work.
5.1.2 Classification
Definitions
The definitions of the classifications for each of the
wage levels referred to in 5.1.1(c) are set out in Schedule A.
5.1.3 Procedure For
Classifying Employees
(a) The procedures
for reclassifying employees under this award are set out in the National Metal
and Engineering Competency Standards Implementation Guide distributed by the
Manufacturing, Engineering and Related Services Industry Training Advisory
Body.
(b) Without
detracting from any of the processes set out in 5.1.3(e), any disputes in
relation to classification or reclassification, including disputes relating to
the terms of the National Metal and Engineering Competency Standards
Implementation Guide, shall be handled in accordance with the Dispute
Resolution Procedure in clause 3.2 of this award.
(c)
(i) It shall be a
term of the award that where there is agreement to implement the standards at
the enterprise, or in the event that the classification of an employee is called
into question, the issue shall be settled by the application of competency
standards in accordance with this clause and the National Metal and Engineering
Competency Standards Implementation Guide or by reference to the minimum
training requirement in the relevant classification definition, except as
provided in paragraphs (ii) (iii) and (iv) below.
(ii) Where the
employee has a relevant qualification recognised as a minimum training
requirement for the level at which the employee seeks to be classified and
he/she is exercising or will be required to exercise the skills and knowledge
gained from that qualification necessary for that level of work the employee
shall be classified appropriately. It
is up to the employer to demonstrate reasons for a qualification that is a
recognised minimum training requirement not being regarded as relevant for an
employee's work. Any disputes which cannot be resolved at the enterprise level
over the application of this clause in the first instance are to be referred to
the prescribed in 5.1.3(e)(i) of this award.
(iii) Where skill
standards have not been finalised in respect of any class of work, and this is
necessary for determining an employee's classification, employees performing
such work shall not be reclassified until such standards are available except
as provided for in paragraphs (ii) and (iv) of this subclause.
(iv) Where the
situation described in paragraph (iii) above applies, but not under any other
circumstances, an employee may be reclassified on the basis that the employee
meets the requirements of the classification definitions prescribed in Schedule
A of this Award.
(v) All employees
engaged under the award at the relevant classification levels shall be subject
to the metal and engineering competency standards.
(d) Other
provisions to be followed where competency standards are being implemented in
an enterprise:
(i) Management
and employee representatives responsible for oversighting the implementation of
competency standards within enterprises shall be given access to briefing
and/or training courses on the standards prior to implementation.
(ii) Such
briefings/training courses on the metal and engineering competency standards
and Implementation Guide should be approved by the Manufacturing Engineering
and Related Services Industry Training Advisory Body (MERISTAB). These
briefings/training courses can be either a joint briefing delivered by the
parties or by one party with the approval of other relevant parties at the
enterprise or an approved course delivered by a MERSITAB recognised provider
with the approval of the relevant parties at the enterprise level. The above
does not exclude the delivery of additional training or advice by the parties
or the MERSITAB to enterprises.
(e) Facilitation of
Implementation
(i) A Committee
to facilitate the implementation of standards, chaired by a an independent
agreed chairperson and consisting of the relevant employer and union parties to
the award shall meet as required to monitor the implementation of standards
until 30 June 2001. The Executive Officer of the Manufacturing, Engineering and
Related Services Industry Training Advisory Body shall also be a member of the
Committee. The need for the Committee shall be reviewed before 30 June 2001.
The Committee will be responsible for: monitoring implementation; dealing with
any major implementation problems including the application of points;
refinement of the standards in respect of their use within the award; any
variation to, or dispute over, the National Metal and Engineering Competency
Standards Implementation Guide in the light of experience during the
implementation process; and co-ordinating any further advice to enterprises.
In dealing with any major problems the Committee may:
request national officials of the relevant industry
parties to meet immediately to attempt to resolve the concerns;
make arrangements for an assessment and report by
experts representing the relevant industry parties. The Committee would then
consider the report of the experts and agree on a course of action to resolve
the concerns;
recommend that implementation be suspended in an
enterprise or enterprises whilst the Committee deals with the issues of
concern.
(ii) Where
necessary an application may be made to the Industrial Committee as set out in
subclause 5.1.3(g) for the purpose of resolving any disputes or difficulty or
likely dispute or difficulty in relation to the implementation of competency
standards either at the industry or enterprise level.
(iii) During the period
of operation of the Committee established under subparagraph 5.1.3(e)(i), if
any problem arises in relation to implementation of the standards at the
enterprise level which cannot be resolved by the parties at that level then it
shall be referred to that Committee. If resolution is not achieved, the matter
will be referred to the Industrial Committee as set out in subparagraph
5.1.3(e)(ii).
Notwithstanding the above, the rights of any party to
pursue whatever other course of action is available under the Industrial Relations Act 1996 remains
available.
(f) Points
The points to be assigned to the classification levels
under the award shall be:
Award Classification
|
Level Recommended Points
|
|
|
C14 -
|
|
C13 -
|
|
C12
|
32
|
C11
|
64
|
C10
|
96
|
C9
|
12 additional points above C10
|
C8
|
24 additional points above C10
|
C7
|
36 additional points above C10
|
C6
|
48 additional points above C10
|
C5
|
60 additional points above C10
|
C4
|
Standards and points to be finalised
|
C3
|
Standards and points to be finalised
|
C2a
|
Standards and points to be finalised
|
C2b
|
Standards and points to be finalised
|
C1a
|
Standards and points to be finalised
|
C1b
|
Standards and points to be finalised
|
and in accordance with Table 2 in the National Metal
and Engineering Competency Standards Implementation Guide.
(g) Industrial
Committee - Competency Standards Implementation
Notwithstanding the provisions of this clause, an
application may be made to the Industrial Committee for the purpose of
resolving any dispute or difficulty or likely dispute or difficulty in relation
to the implementation of competency standards either at the industry or
enterprise level.
5.1.4 Lower Grade and
Higher Grade Duty
5.1.4.1 An employee who
is called upon to perform work of a lower grade than that in which he/she is
normally engaged, shall suffer no reduction in salary on that account.
(a) An employee
who is called upon to perform work of a higher grade that that in which he/she
is normally engaged shall be paid for the time so employed at the rate of the
first year of the grading of the employee whose duties he/she is performing.
5.2. Training
5.2.1 Following
proper consultation in accordance with clause 3.1, which may include the
establishment of a training committee, an employer shall develop a training
program consistent with:
the current and future skill needs of the enterprise;
the size, structure and nature of the operations of the enterprise;
the
need to develop vocational skills relevant to the enterprise and the industry
through courses conducted by accredited institutions and providers.
5.2.2 Where it is
agreed that a training committee be established it shall include employer and
employee representatives. The role of
the training committee shall be clearly set out and shall include:
formulating
a training program including available training courses and career
opportunities;
recommending
individual employees for training and reclassification; and
monitoring
and advising management and employees regarding the on‑going
effectiveness of the training.
(a) Where as a
result of the consultation referred to at subclause 5.2.1, including with the
employee concerned, it is agreed that additional training should be undertaken
by an employee, that training may be undertaken either on or off the job. If
the training is undertaken during ordinary working hours, the employee
concerned shall not suffer any loss of pay. The employer shall not unreasonably
withhold such paid training leave. This shall not prevent the employer and
employee(s) agreeing to paid leave for other relevant training.
(b) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the employer's technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such expenditure.
Provided that reimbursement may be on an annual basis subject to the
presentation of reports of satisfactory progress.
(c) Travel costs
incurred by an employee undertaking training in accordance with this subclause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
5.3. Apprentice Rates
of Pay
5.3.1
Column
1
|
Column
2
|
Column
3
|
Column
4
|
4
year terms
|
Percentage
of C10
|
Total
Rate per week
|
Hourly
Rate
|
apprenticeship
|
Weekly
Rate
|
$
|
$
|
First
Year
|
42
|
259.65
|
6.83
|
Second
Year
|
55
|
340.00
|
8.95
|
Third
Year
|
75
|
463.65
|
12.20
|
Fourth
Year
|
88
|
544.00
|
14.32
|
5.3.2 See 5.1.1(d) for the criteria regarding absorption of safety net
adjustments.
5.3.3 An employee who is under 21 years of age on the expiration of
his or her apprenticeship and thereafter works as a minor in the occupation to
which he or she has been apprenticed shall be paid at not less than the adult
rate prescribed for the classification.
5.4. Junior Tracer
Rates of Pay
5.4.1 The minimum
weekly wage rates for Junior Tracers shall be:
Column 1
|
Column 2
|
Column 3
|
Year of Age
|
Percentage of C12
Weekly Rate
|
Total Rate per week
|
|
%
|
$
|
16 years of age and under
|
54
|
304.35
|
At 17 years of age
|
59
|
332.50
|
At 18 years of age
|
67
|
377.60
|
At 19 years of age
|
76
|
428.35
|
At 20 years of age
|
83
|
467.80
|
5.5. Trainee Rates of
Pay
Refer to the Metal Trades
(Training Wage) (State) Award (286 I.G. 154), as varied, for rates of pay and
conditions of employment for trainees.
5.6. Supported Wage
System for People With Disabilities
5.6.1 Workers
Eligible for a Supported Wage
This clause defines the conditions that will apply to
employees who, because of the effects of a disability, are eligible for a
supported wage under the terms of this award.
In the context of this clause, the following definitions will apply:
(i) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Process".
(ii) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(iii) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991, or any
successor to that scheme.
(iv) "Assessment
instrument" means the form provided for under the Supported Wage System
that records the assessment of the productive capacity of the person to be
employed under the Supported Wage System.
5.6.2 Eligibility
Criteria
Employees covered by this clause will be those who are
unable to perform the range of duties to the competence level required within
the class of work for which the employee is engaged under this award, because
of the effects of a disability on their productive capacity and who meet the
impairment criteria test for a Disability Support Pension.
This clause does not apply to any existing employee who
has a claim against the employer that is subject to the provisions of workers’
compensation legislation or any provision of this award relating to the
rehabilitating of employees who are injured in the course of their employment.
This clause also does not apply to employers in respect
of their facility, programme, undertaking, service or the like which receives
funding under the Disability Services Act 1986 and fulfils the dual role
of service provider and sheltered employer to people with disabilities who are
in receipt of, or are eligible for, a Disability Support Pension, except with
respect to an organisation which has received recognition under section 10 or
section 12A of the Act, or if a part only has received recognition, that part.
5.6.3 Supported Wage
Rates
Employees to whom this clause applies shall be paid the
applicable percentage of the minimum rate of pay prescribed by this award for
the class of work that the person is performing, according to the following
schedule:
Assessed Capacity
|
% of prescribed
|
(subclause (d))
|
award rate
|
|
|
10%*
|
10
|
20%
|
20
|
30%
|
30
|
40%
|
40
|
50%
|
50
|
60%
|
60
|
70%
|
70
|
80%
|
80
|
90%
|
90
|
(Provided that the minimum amount payable shall be not
less than $64.00 per week).
* Where a person's assessed capacity is 10 per cent,
they shall receive a high degree of assistance and support.
5.6.4 Assessment of
Capacity
For the purpose of establishing the percentage of the
award rate to be paid to an employee under this award, the productive capacity
of the employee will be assessed in accordance with the Supported Wage System
and documented in an assessment instrument, by either:
(i) the employer
and a union party to the award, in consultation with the employee or, if
desired, by any of these;
(ii) the employer
and an accredited assessor from a panel agreed by the parties to the award and
the employee.
5.6.5 Lodgement of
Assessment Instrument
(i) All
assessment instruments under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Australian Industrial
Relations Commission.
(ii) All
assessment instruments shall be agreed and signed by the parties to the
assessment; provided that where a union which is a party to the award is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and shall take effect, unless an objection is notified to the
Registrar within ten working days.
5.6.6 Review of
Assessment
The assessment of the applicable percentage should be
subject to annual review or earlier on the basis of a reasonable request for
such a review. The process of review
shall be in accordance with the procedures for assessing capacity under the
Supported Wage System.
5.6.7 Other Terms and
Conditions of Employment
Where an assessment has been made, the applicable
percentage shall apply to the wage rate only. Employees covered by the
provisions of this clause will be entitled to the same terms and conditions of
employment as all other workers covered by this award paid on a pro rata basis.
5.6.8 Workplace
Adjustment
An employer wishing to employ a person under the
provisions of this clause shall take reasonable steps to make changes in the
workplace to enhance the employee's capacity to do the job. Changes may involve re‑design of job
duties, working time arrangements and work organisation in consultation with
other workers in the area.
5.6.9 Trial Period
(i) In order for
an adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this subclause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
(ii) During the
trial period, the assessment of capacity shall be undertaken and the proposed
wage rate for a continuing employment relationship shall be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$64.00 per week.
(iv) Work trials
should include induction or training as appropriate to the completion of the
trial period; a further contract of employment shall be entered into based on
the outcome of assessment under clause 5.6.4 above.
5.7. Allowances and
Special Rates
5.7.1 Allowances
(a) Motor
Allowance
Where an employee reaches agreement with their employer
to use their own motor vehicle on the employer’s business the employee shall be
paid an allowance of .66cents per kilometre travelled.
(b) Travelling,
Transport and Fares
(i) Excess
Travelling and Fares
An employee who on any day or from day to day is
required to work at a job away from his or her accustomed workshop or depot
will, at the direction of the employer, present himself or herself for work at
such job at the usual starting time, but for all time reasonably spent in reaching
and returning from such job (in excess of the time normally spent in travelling
from his or her home to such workshop or depot and returning) he or she will be
paid travelling time, and also any fares reasonably incurred in excess of those
normally incurred in travelling between his or her home and such workshop or
depot.
An employee who with the approval of the employer uses
his or her own means of transport for travelling to or from outside jobs will
be paid the amount of excess fares which he or she would have incurred in using
public transport unless he or she has an arrangement with his or her employer
for a regular allowance.
(ii) Distant Work
An employee sent from his or her usual locality to
another (in circumstances other than those prescribed in 5.7.1(a) hereof) and
required to remain away from his or her usual place of abode will be paid
travelling time whilst necessarily travelling between such localities, and
expenses whilst so absent from his or her usual locality.
(iii) Payment for Travelling
(1) The rate of
pay for travelling time is ordinary rates, except on Sundays and holidays when
it will be time and a half.
(2) The maximum
travelling time to be paid for is 12 hours out of every 24 hours, or when a
sleeping berth is provided by the employer for all‑night travel, eight
hours out of every 24.
(iv) Expenses
"Expenses" for the purpose of this clause
means:
(1) All fares
reasonably incurred. The fares allowed are be for rail travel, second class
except where all‑night travelling is involved when they are to be first
class, with sleeping berth where available.
(2) Reasonable
expenses incurred whilst travelling including an amount set out in Item 3 of
5.9.2(g) for each meal taken.
(3) A reasonable
allowance to cover the cost incurred for board and lodging.
(v) If an employee
is directed to work at a place other than his/her usual place of employment and
the means of transport by which he/she is directed to travel offers travellers'
accommodation of more than one class, the fares which shall be payable under
this clause shall be such as to enable him/her to travel first class.
(vi) An employee,
should he/she so desire it, shall be reimbursed by the employer to the extent
of a first class return fare to his/her usual place of residence in respect of
his/her normal place of employment after each period of four weeks on
"distant work" unless such work is inherent in the normal work of the
establishment in which he/she is employed. "Distant work" shall mean
work which renders it necessary for an employee to sleep at a place other than
his/her usual place of residence in respect of his/her usual place of
employment.
5.7.2 Application of
Technical Computing Allowance
An allowance of $31.70 a week shall be paid to any
employee who is required to use technical computing equipment (as defined) to
perform work of a complex nature. Work
of a complex nature includes:
(a) the
application of new concepts in their field of work, including the use of three‑dimensional
projections;
(b) the development
of specialised programmes for technical computing applications;
(c) system
development, including the evaluation of existing and alternative systems or
ancillary software and/or hardware;
(d) the provision
of training on the system for users, including the development and/or
evaluation of self‑learn and/or teaching methods or software packages.
Technical computing equipment is defined as computer
hardware (including personal computers, micro computers, mini computers or
mainframe computers) using software (including design, engineering, planning or
data base programmes), which are used for technical and/or engineering
applications, including design, drafting, planning, quality control, machine
programming, NC programming and engineering analysis.
This allowance is not payable for routine or repetitive
functions, or where the system is used merely as an aid.
5.7.3 Checking work
Allowance
A draughting employee employed for the greater part of
his/her time in checking the work of other draughting employees shall be paid
$20.85 per week in addition to the rate to which he/she otherwise is entitled
under this award.
5.8. Extra Rates Not
Cumulative
Extra rates in this Award, and
rates for work on public holidays, are not cumulative so as to exceed the
maximum of double the ordinary rates.
5.9. Payment of Wages
Summary
This clause provides for the pay period and method of payment of wages.
5.9.1 Period of
Payment
(a) Wages shall be
paid weekly or fortnightly, either:
(i) according to
the actual ordinary hours worked each week or fortnight; or
(ii) according to
the average number of ordinary hours worked each week or fortnight.
(b) By agreement
between the employer and the majority of employees in the relevant enterprise,
wages may be paid three weekly, four weekly or monthly. Subject to paragraph (c) of subclause 2.2.3,
agreement in this respect may also be reached between the employer and an
individual employee.
5.9.2 Method of
Payment
Wages shall either be paid by cash, cheque or electronic
funds transfer into the employee's bank (or other recognised financial
institution) account.
In the case of employees paid by cheque, if the
employee requires it, the employer shall have a facility available during
ordinary hours for the encashment of the cheque.
5.9.3 Payment of
Wages on Termination of Employment
On termination of employment, wages due to an employee
shall be paid on the day of termination or forwarded to the employee by post on
the next working day.
5.9.4 Day off
coinciding with pay day
Where an employee is paid wages by cash or cheque and
the employee is, by virtue of the arrangement of their ordinary hours, to take
a day off on a day which coincides with pay day, such employee must be paid no
later than the working day immediately following pay day. However, if the employer is able to make
suitable arrangements, wages may be paid on the working day preceding pay day.
5.9.5 Wages to be
paid during working hours
(a) Where an
employee is paid wages by cash or cheque such wages shall be paid during
ordinary working hours.
(b) If an employee
is paid wages by cash and is kept waiting for their wages on pay day, after the
usual time for ceasing work, they shall be paid at overtime rates for the
period they are kept waiting.
5.9.6 Absences from
Duty Under an Averaging System
Where an employee's ordinary hours in a week are
greater or less than 38 hours and such employee's pay is averaged to avoid
fluctuating wage payments, the following shall apply:
(a) The employee
will accrue a “credit” for each day he or she works ordinary hours in excess of
the daily average.
(b) The employee
will not accrue a "credit" for each day of absence from duty (other
than on annual leave, long service leave, public holidays, paid sick leave, workers'
compensation, paid bereavement leave, paid carers' leave or jury service).
(c) An employee
absent for part of a day (other than on annual leave, long service leave,
public holidays, paid sick leave, workers' compensation, paid bereavement
leave, paid carers' leave or jury service shall accrue a proportion of the
"credit" for the day, based upon the proportion of the working day
that the employee was in attendance.
5.10. Ship Trials
In the case of an employee engaged
on ship trials, whether at wharf, or in harbour, or at sea, the provisions of
clause 6.3, Meal Breaks, of this award, shall not apply, but all remaining
clauses of the award shall apply and in addition thereto the following
provisions shall apply:
(a) An employee's
time for the purpose of computing the time of trial duty shall be deemed to
commence at the time the employee is instructed to be on board the vessel,
provided he/she is ready to go aboard at that time, and shall be deemed to
terminate the time the employee gains contact with the shore. Where such contact is obtained by the
vessel's mooring at a wharf, contact shall be deemed to be gained when the
gangway is lowered after mooring.
(b) The maximum
number of continuous hours an employee shall be required to be on duty shall be
twelve hours. Should the trial be
planned for a longer duration a relief shift shall be arranged before leaving
wharf.
(c) A reasonable
time, not less than thirty minutes, or as agreed upon, shall be allowed for
each meal. Luncheon shall be provided and the time thereof shall be, as far as
practicable, between 12.00 noon and 2.00 p.m.
If the employee is required to be on board before 7.00 a.m. breakfast
shall be provided, and if the trial continues after 6.00 p.m. a light tea shall
be provided. Where shifts are being
worked, adequate meals shall be provided for each shift.
(d) The following
rates of pay shall be paid for time on duty as indicated:
(i) Whilst vessel
is at wharf ‑ the rate payable pursuant to this award for work performed
on the days and at the time in question, plus 25 per cent of the ordinary daily
rate for such work.
(ii) Whilst vessel
is in harbour or at sea ‑ the rate payable pursuant to this award for
work performed on the days and at the time in question, plus 50 per cent of the
ordinary daily rate for such work.
PART 6 – HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
6.1. Ordinary Hours
of Work
Summary
This clause describes the ordinary
hours of work and how they are to be arranged for day workers, continuous shift
workers and non‑continuous shift workers.
The ordinary hours of work for all
three categories is 38 per week to be averaged over the period of the work
cycle that applies in the particular enterprise.
There is provision for the
employer, by agreement with employees, to arrange working hours to achieve
maximum flexibility in order to suit the needs of both the enterprise and the
employees.
6.1.1 Ordinary Hours
of Work ‑ Day Workers
(a) Subject to
subclause 6.1.4, the ordinary hours of work for day workers are to be an
average of 38 per week but not exceeding 152 hours in 28 days.
(b) The ordinary
hours of work may be worked on any day or all of the days of the week. This
subclause shall be read in conjunction with paragraphs (e) and (f) of subclause
6.1.1.
(c) The ordinary
hours of work are to be worked continuously, except for meal breaks, at the
discretion of the employer between 6.00 am and 6.00 pm. The spread of hours
(i.e. 6.00 am to 6.00 pm) may be altered by up to one hour at either end of the
spread, by agreement between an employer and the majority of employees
concerned or in appropriate circumstances, between the employer and an
individual employee.
(d) Any work
performed outside the spread of hours is to be paid for at overtime rates. However, any work performed by an employee
prior to the spread of hours which is continuous with ordinary hours for the
purpose, for example, of getting the plant in a state of readiness for
production work is to be regarded as part of the 38 ordinary hours of work.
(e) The minimum
rate to be paid for a day worker for ordinary time worked between midnight on
Friday and midnight on Saturday shall be time and a half.
(f) The minimum
rate to be paid for a day worker for ordinary time worked between midnight on
Saturday and midnight on Sunday shall be double time.
6.1.2 Ordinary Hours
of Work ‑ Continuous Shift Workers
(a) Continuous
shiftwork means work carried on with consecutive shifts of employees throughout
the 24 hours of each of at least six consecutive days without interruption
except for breakdowns or meal breaks or due to unavoidable causes beyond the
control of the employer.
(b) Subject to
6.1.2(c) the ordinary hours of continuous shiftworkers are, at the discretion
of the employer, to average 38 hours per week inclusive of meal breaks and must
not exceed 152 hours in 28 consecutive days.
Continuous shift workers are entitled to a 20 minute meal break on each
shift which shall be counted as time worked.
(c) By agreement
between the employer and the majority of employees concerned, a roster system
may operate on the basis that the weekly average of 38 ordinary hours is
achieved over a period that exceeds 28 consecutive days but does not exceed 12
months.
(d) Except at the
regular change-over of shifts, an employee shall not be required to work more
than one shift in each 24 hours.
6.1.3 Ordinary Hours
of Work ‑ Non‑Continuous Shift Workers
(a) Subject to
6.1.3(b), the ordinary hours of work for non‑continuous shift workers are
to be an average of 38 per week and must not exceed 152 hours in 28 consecutive
days.
(b) By agreement
between the employer and the majority of employees concerned, a roster system
may operate on the basis that the weekly average of 38 ordinary hours is
allowed over a period, which exceeds 28 consecutive days but does not exceed 12
months.
(c) The ordinary
hours of work are to be worked continuously, except for meal breaks, at the
discretion of the employer.
(d) Except at
change‑over of shifts an employee will not be required to work more than
one shift in each 24 hours.
6.1.4 Methods of
Arranging Ordinary Working Hours.
(a) Subject to the
employer's right to fix the daily hours of work for day workers from time to
time within the spread of hours referred to in 6.1.1(c) and the employer's
right to fix the commencing and finishing time of shifts from time to time, the
arrangement of ordinary working hours is to be by agreement between the
employer and the majority of employees in the enterprise or part of the
enterprise concerned. Subject to
paragraph (c) of subclause 2.2.3 this does not preclude the employer reaching
agreement with individual employees about how their working hours are to be
arranged.
(b) Matters upon
which agreement may be reached include:
(i) how the hours
are to averaged within a work cycle established in accordance with 6.1.2 and
6.1.3
(ii) the duration
of the work cycle for day workers provided that such duration shall not exceed
3 months
(iii) rosters which
specify the starting and finishing times of working hours
(iv) a period of
notice of a rostered day off which is less than four weeks
(v) substitution of
rostered days off
(vi) accumulation of
rostered days off
(vii) arrangements
which allow for flexibility in relation to the taking of rostered days off
(viii) any
arrangements of ordinary hours which exceed 8 hours in any day
(c) By agreement
between an employer and the majority of employees in the enterprise or part of
the enterprise concerned, 12 hour days or shifts may be introduced subject to:
(i) Proper health
monitoring procedures being introduced;
(ii) Suitable
roster arrangements being made;
(iii) Proper
supervision being provided;
(iv) Adequate breaks
being provided;
(v) An adequate
trial or review process being implemented through the consultative process in
clause 3.1.
(d)
(i) Where an
employee works on a shift other than a rostered shift (as defined), he/she
shall:
(1) if employed on
continuous work, be paid at the rate of double time; or
(2) if employed on
other shiftwork, at the rate of time and one half for the first three hours and
double time thereafter.
(ii) The provision
of 6.1.4(d)(i) do not apply when the time is worked:
(1) by arrangement
between the employees themselves;
(2) for the
purposes of effecting the customary rotation of shifts; or
(3) on a shift to
which the employee is transferred on short notice as an alternative to standing
the employee off in circumstances which would entitle the employer to deduct
payment for the day in accordance with clause 4.6.
6.1.5 Daylight Saving
Where by reason of legislation, summer time is
prescribed as being in advance of the standard time in the State the length of
any shift:
Commencing before the time prescribed by the relevant
legislation for the commencement of a summer time period, and
Commencing on or before the time prescribed by such
legislation for the termination of a summer time period, shall be deemed to be
the number of hours represented by the difference between the time recorded by
the clock at the beginning of the shift and the time so recorded at the end of
the shift. The time of the clock in each case is to be set to the time fixed by
the relevant legislation.
In this subclause the expressions "standard
time" and "summer time" shall bear the same meaning as are
prescribed by the relevant legislation.
6.2. Special
Provisions for Shiftworkers
Summary
This clause defines afternoon and
night shift and prescribes the allowances for such shifts as well as the
loadings payable for Saturday, Sunday and Public Holidays Shifts.
6.2.1 Definitions
For the purposes of this award:
"Rostered Shift" means any shift of which the
employee concerned has had at least 48 hours notice.
"Afternoon Shift" means any shift finishing
after 6.00 pm and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00 am.
By agreement between the employer and the majority of
employees concerned or in appropriate cases an individual employee, the span of
hours over which shifts may be worked may be altered by up to one hour at
either end of the span.
6.2.2 Afternoon and
Night Shift Allowances
(a) An employee
whilst on afternoon or night shift shall be paid for such shift 15 per cent
more than his or her ordinary rate.
(b) An employee
who works on an afternoon or night shift which does not continue:
(i) for at least
five successive afternoon or night shifts or six successive afternoon or night
shifts in a six day workshop (where no more than eight ordinary hours are
worked on each shift); or
(ii) for at least
38 ordinary hours (where more than eight ordinary hours are worked on each
shift and the shift arrangement is in accordance with subclauses 6.1.2 or
6.1.3);
shall be paid for each shift 50 percent for the first
three hours and 100 percent for the remaining hours, in addition to his or her
ordinary rate.
(c) An employee
who:
(i) During a
period of engagement on shift, works night shift only; or
(ii) Remains on
night shift for a longer period than four consecutive weeks; or
(iii) Works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give him or her at least one third of his or her working time off
night shift in each shift cycle;
shall, during such engagement, period or cycle, be paid
30 per cent more than his or her ordinary rate for all time worked during
ordinary working hours on such night shift.
6.2.3 Rate for
Working on Saturday Shifts
The minimum rate to be paid to a shift worker for work
performed between midnight on Friday and midnight on Saturday shall be time and
a half. This extra rate is in substitution for and not cumulative upon the
shift premiums prescribed in 6.2.2.
6.2.4 Rate for
Working on Sunday and Public Holiday Shifts
(a) The rate at
which continuous shift workers are to be paid for work on a rostered shift the
major portion of which is performed on a Sunday or public holiday shall be as
follows:
(i) Sundays - at
the rate of time and three-quarters;
(ii) Holidays - at
the rate of double time
(b) The rate at
which shift workers on other than continuous work are to be paid for all time
worked on a Sunday or public holiday is as follows:
(i) Sundays ‑
at the rate of double time
(ii) Public
Holidays ‑ at the rate of double time and a half.
(c) Where shifts
commence between 11.00pm and midnight on a Sunday or public holiday, the time
so worked before midnight does not entitle the employee to the Sunday or public
holiday rate for the shift. However, the time worked by an employee on a shift
commencing before midnight on the day preceding a Sunday or public holiday and
extending into the Sunday or public holiday shall be regarded as time worked on
the Sunday or public holiday.
(d) Where shifts
fall partly on a holiday, the shift which has the major portion falling on the
public holiday shall be regarded as the holiday shift.
(e) The extra
rates in this subclause are in substitution for and not cumulative upon the
shift premiums prescribed in 6.2.2.
6.3. Meal Breaks
Summary
This clause deals with the taking
of meal breaks during ordinary working hours and covers when the meal break is
to be taken, alterations to the time the break may be taken and payment for
working during the meal break.
6.3.1 An employee
shall not be required to work for more than five hours without a break for a
meal except in the following circumstances:
(a) In cases where
canteen or other facilities are limited to the extent that meal breaks must be
staggered and as a result it is not practicable for all employees to take a meal
break within five hours, an employee will not be required to work for more than
six hours without a break for a meal break.
(b) By agreement
between an employer and an employee or the majority of employees in an
enterprise or part of an enterprise concerned, an employee or employees may be
required to work in excess of five hours but not more than six hours at
ordinary rates of pay without a meal break.
6.3.2 The time of
taking a scheduled meal break or rest break by one or more employees may be
altered by an employer if it is necessary to do so in order to meet a
requirement for continuity of operations.
6.3.3 An employer may
stagger the time of taking a meal and rest breaks to meet operational
requirements.
6.3.4 Subject to
6.3.1, an employee shall work during meal breaks at ordinary rates of pay
whenever instructed to do so for the purpose of making good breakdown of plant
or upon routine maintenance of plant which can only be done while the plant is
idle.
6.3.5 Except as
provided in this subclause, and except where any alternative arrangement is
entered into by agreement between the employer and employees concerned, time
and a half rates shall be paid for all work done during meal hours and
thereafter until a meal break is taken.
6.4. Morning and Afternoon
Tea
1. Employees are
entitled to a 10 minute morning tea rest period at a time fixed by the
employer.
2. Employees
shall be permitted without ceasing work to partake of refreshment in the
afternoon.
6.5. Overtime
Summary
Overtime is payable for work done
outside the ordinary hours of work.
Generally speaking, the overtime rate is time and a half for the first
three hours and double time thereafter.
Continuous shift workers are entitled to double time for all overtime.
Employees are required to work a
reasonable amount of overtime. Minimum payments are prescribed for overtime
work on Saturday, Sunday and Public Holidays.
Employees are required to have a rest period normally between work on
successive days.
Provision is made for employees being called back after leaving the
premises and for standing by for callback.
Meal breaks and meal allowances are also dealt with in this clause.
6.5.1 Payment for
Working Overtime
(a) Except as
provided for in 6.5.1(d), 6.5.1(e), 6.5.8 and 6.5.9, for all work done outside
ordinary hours on any day or shift (as defined in subclauses 6.1.1, 6.1.2 and
6.1.3) the overtime rates of pay are time and a half for the first three hours
and double time thereafter until the completion of the overtime work. For continuous
shift workers the rate for working overtime is double time.
(b) For the
purposes of this clause "ordinary hours" means the hours worked in an
enterprise, fixed in accordance with clause 6.1 of this award.
(c) The hourly
rate, when computing overtime, is to be determined by dividing the appropriate
weekly rate by 38, even in cases when an employee works more than 38 ordinary
hours in a week.
(d) When not less
than 7 hours 36 minutes notice has been given to the employer by a relief
shiftworker that he or she will be absent from work and the shiftworker whom
that person should relieve is not relieved and is required to continue work on
his or her rostered day off the unrelieved employee shall be paid double time.
(e) In computing
overtime each day's work shall stand alone.
6.5.2 Requirement to
Work Reasonable Overtime
An employer may require any employee to work reasonable
overtime at overtime rates and the employee shall work overtime as required.
6.5.3 One in, All in
does not Apply
The assignment of overtime by an employer to an
employee is to be based on specific work requirements and the practice of
"one in, all in" overtime must not apply.
6.5.4 Rest Period
after Overtime
(a) When overtime
work is necessary it must, wherever reasonably practicable, be so arranged that
employees have at least 10 consecutive hours off duty between the work of
successive working days.
(b) An employee
(other than a casual employee) who works so much overtime between the
termination of his or her ordinary work on one day and the commencement of
their ordinary work on the next day that the employee has not had at least 10
consecutive hours off duty between those times must, subject to this subclause,
be released after completion of the overtime until the employee has had 10
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(c) If on the
instructions of the employer an employee resumes or continues work without
having had the 10 consecutive hours off duty the employee must be paid at
double rates until he or she is released from duty for such period. The employee is then entitled to be absent
until he or she has had 10 consecutive hours off duty without loss of pay for
ordinary working time occurring during the absence.
(d) The provisions
of this subclause will apply in the case of shift workers as if eight hours
were substituted for 10 hours when overtime is worked:
(i) for the
purpose of changing shift rosters; or
(ii) where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace the shift worker; or
(iii) where a shift
is worked by arrangement between the employees themselves.
6.5.5 Call Back
An employee recalled to work overtime after leaving the
employer's enterprise (whether notified before or after leaving the enterprise)
is to be paid for a minimum of four hours work at the rate of time and one half
for the first three hours and double time thereafter (or double time for the
full period for continuous shift workers).
There are a number of conditions which apply to this provision:
(a) Where an
employee is required to regularly hold himself or herself in readiness for a
call back he or she will be paid for a minimum of three hours work at the
appropriate overtime rate. This is subject to 6.5.6 which deals with the
conditions for standing by.
(b) If the
employee is recalled on more than one occasion between the termination of their
ordinary work on one day and the commencement of their ordinary work on the next
ordinary working day he or she shall be entitled to the three or four hour
minimum overtime payment provided for in this subclause for each call back.
However, in such circumstances, it is only the time which is actually worked
during the previous call or calls which is to be taken into account when
determining the overtime rate for subsequent calls.
(c) Except in the
case of unforeseen circumstances arising, an employee will not be required to
work the full three or four hours as the case may be if the job he or she was
recalled to perform is completed within a shorter period.
(d) This subclause
does not apply in cases where it is customary for an employee to return to the
enterprise to perform a specific job outside the employee's ordinary working hours
or where the overtime is continuous (subject to a meal break) with the
commencement or completion of ordinary working time.
(e) Overtime
worked in the circumstances specified in this subclause is not to be regarded
as overtime for the purpose of 6.5.4, Rest Periods After Overtime, when the
actual time worked is less than three hours on the call back or on each call
back.
6.5.6 Standing By
Subject to any custom prevailing at an enterprise,
where an employee is required regularly to hold himself or herself in readiness
to work after ordinary hours, the employee is to be paid standing by time at
the employee's ordinary rate of pay for the time he or she is standing by.
6.5.7 Saturday Work
A day worker required to work overtime on a Saturday
shall be afforded at least four hours work or paid for four hours at the rate
of time and one half for the first three hours and double time thereafter,
except where the overtime is continuous with overtime commenced on the previous
day.
6.5.8 Sunday Work
Employees required to work overtime on Sundays shall be
paid for a minimum of three hours work at double time. The double time is to be paid until the
employee is relieved from duty.
6.5.9 Public Holiday
Work
Refer to 7.7.2 to determine the pay entitlements of
persons who work overtime on a public holiday.
6.5.10 Rest Break
(a) An employee
working overtime must be allowed a rest break of 30 minutes without deduction
of pay after each four hours of overtime worked if the employee is to continue
work after the rest break.
(b) A day worker
working overtime shall be allowed a meal break of thirty minutes without
deduction of pay after each four hours of overtime worked if the employee
continues work after such meal break. Provided that, where an employee in a
five‑day week is required to work overtime on a Saturday, the first
prescribed meal break, if occurring between 10.00 a.m. and 1.00 p.m., shall be
paid for at ordinary rates.
(c) Where overtime
is to be worked immediately after the completion of ordinary work on a day or
shift and the period of overtime is to be more than one and a half hours, an
employee, before starting the overtime is entitled to a rest break of 30
minutes to be paid at ordinary rates.
(d) An employer
and employee may agree to any variation of this subclause to meet the
circumstances of the work in hand provided that the employer is not required to
make any payment in excess of or less than what would otherwise be required
under this subclause.
6.5.11 Meal Allowance
An employee required to work beyond two hours after the
usual finishing time of work shall be paid a meal allowance of $10.40 for the
first and each subsequent meal, or be provided with an adequate meal where the
employer has his/her own cooking and dining facilities.
6.5.12 Transport of
Employees
When an employee, after having worked overtime or a
shift for which he/she has not been regularly rostered, finishes work at a time
when reasonable means of transport are not available, the employer shall
provide the employee with a conveyance home, or pay him/her their current wage
for the time reasonably occupied in reaching home.
PART 7 – TYPES OF LEAVE AND PUBLIC HOLIDAYS
7.1. Annual Leave
7.1.1 Period of Leave
A period of twenty-eight consecutive days’ leave shall
be allowed annually to an employee after 12 months’ continuous service (less
the period of annual leave), such period to include any absence from work on
paid long service leave. Provided that by agreement between an employer and
employee, annual leave may be taken at any time within a period of twelve
months from the date at which it falls due and with less than four weeks notice
to the employee.
7.1.2 Public Holidays
Falling in a Period of Leave
The annual leave prescribed by this clause shall be
exclusive of any of the holidays prescribed by subclause 7.7, Public Holidays,
of this award, and if any such holiday falls within an employee's period of
annual leave and is observed on a day which in the case of that employee would
have been an ordinary working day there shall be added to the period of annual
leave time equivalent to the ordinary time which the employee would have worked
if such day had not been a holiday.
7.1.3 Leave to be
Taken
The annual leave shall be given and taken in one or two
continuous periods. If the annual leave
is given in two continuous periods then one of those two periods must be of at
least twenty‑one consecutive days:
Provided that if the employer and an employee so agree then his/her
annual leave entitlement may be given and taken in two separate periods neither
of which is of at least twenty‑one consecutive days, or in three separate
periods: Provided further that an employee may, with the consent of his/her
employer, take short‑term annual leave, not exceeding four days in any
calendar year, at a time or times separated from any of the periods determined
in accordance with this subclause.
7.1.4 Proportionate
Leave on Termination
If in any twelve monthly qualifying period an employee
terminates his/her employment or has his/her employment terminated by his/her
employer he/she shall be paid in addition to all other amounts due to him/her
an amount equal to one‑twelfth of his/her ordinary pay for the completed
part of the qualifying period.
7.1.5 Annual Close
Down
Where an employer closes down his/her plant, or a
section or sections thereof, for the purpose of allowing annual leave to all or
the bulk of the employees in the plant, or section or sections concerned, the
following provisions shall apply:
(i) He/she may by
giving not less than four weeks' notice of his/her intention so to do stand off
for the duration of the close down all employees in the plant or section or
sections concerned and allow to those who are not then qualified for a full
entitlement to annual leave for twelve months' continuous service pursuant to
subclause 7.1.1 of this clause, paid leave on a proportionate basis at the rate
of wage equal to one‑twelfth of his/her ordinary pay earned during the
current qualifying period.
(ii) An employee
who has then qualified for a full entitlement to annual leave for twelve
months' continuous service pursuant to subclause 7.1.1 of this clause, and has
also completed a further week or more of continuous service shall be allowed
his leave, and shall also be paid an amount equal to one‑twelfth of his
ordinary pay earned since the close of his last twelve monthly qualifying
period.
(iii) The next
twelve‑monthly qualifying period for each employee affected by such close
down shall commence from the day on which the plant, section or sections
concerned is reopened for work: Provided that all time during which an employee
is stood off without pay for the purpose of this subclause shall be deemed to
be time of service in the next twelve‑monthly qualifying period.
(iv) If in the
first year of his/her service with an employer, an employee is allowed
proportionate annual leave under paragraph (i) of this subclause, and
subsequently within such year lawfully leaves his employment or his employment
is terminated by the employer through no fault of the employee, he/she shall be
entitled to the benefit of subclause 7.1.4 of this clause subject to adjustment
for any proportionate leave which he may have been allowed as aforesaid.
(v) An employer
may close down his/her plant for one or two separate periods for the purpose of
granting annual leave in accordance with this subclause. If the employer closes
down his plant in two separate periods one of those periods shall be for a
period of at least twenty‑one consecutive days: Provided that where the
majority of employees concerned agree, an employer may close down the plant,
work section or sections in one, two or three separate periods for the purpose
of granting annual leave in accordance with this subclause. Provided further that if an employer closes
down his plant on more than one occasion, one of those periods shall be for a
period of at least fourteen consecutive days including non‑working
days. In such cases, the employer shall
advise the employees concerned of the proposed dates of each close down before
asking them for their agreement.
(a) An employer
may close down his plant, or a section or sections thereof for a period of at
least twenty‑one consecutive days and grant the balance of the annual
leave due to an employee in one continuous period in accordance with a roster:
Provided that by agreement with the majority of employees concerned, an
employer may close down his plant for a period of at least fourteen consecutive
days including non‑working days and grant the balance of the annual leave
due to an employee by mutual arrangement.
(b) An employer may
close down his/her plant, or a section or sections thereof for a period of less
than twenty‑one consecutive days and allow the balance of the annual
leave due to an employee in one or two continuous periods either of which may
be in accordance with a roster. In such a case the granting and taking of
annual leave shall be subject to the agreement of the employer and the majority
of employees in the plant, or a section or sections thereof respectively and
before asking the employees concerned for the agreement the employer shall
advise them of the proposed dates of the close down or close downs and the
details of the annual leave roster.
7.1.6 Annual Leave
Loading
During a period of annual leave an employee shall
receive a loading calculated on the rate of wages he would have been entitled
to receive had he/she not been on such leave.
The loading shall be as follows:
(i) Day Workers ‑
An employee who would have worked on day work only had he not been on leave ‑
a loading of 17.5 per cent on the rate of wages he would have been entitled to
receive.
(ii) Shift Workers
‑ An employee who would have worked on shift work had he not been on
leave ‑ a loading of 17.5 per cent on the rate of wages he would have
been entitled to receive: Provided that where the employee would have received
shift loading prescribed by clause 6.2, Special Provisions For Shiftworkers,
had he not been on leave during the relevant period and such loadings would
have entitled him to a greater amount than the loading of 17.5 per cent then
the shift loadings shall be added to the rate of wage prescribed by Part 5,
Rates of Pay, in lieu of the 17.5 per cent loading: Provided further that if the shift loadings would have entitled
him to a lesser amount than the loading of 17.5 per cent then such loading of
17.5 per cent shall be added to the rate of wage prescribed by clause 5.1,
Classifications and Rates of Pay, in lieu of the shift loadings.
The loading prescribed by this subclause shall not
apply to proportionate leave on termination.
7.2. Long Service
Leave
See Long Service Leave Act
1955.
7.3. Sick Leave
7.3.1 Amount of Paid
Sick Leave
An employee on weekly hiring who is absent from his/her
work on account of personal illness, or on account of injury by accident
arising out of and in the course of his/her employment, shall be entitled to
leave of absence, without deduction of pay, subject to the following conditions
and limitations:
(a) An employee
shall not be entitled to paid leave of absence for any period in respect of
which he/she is entitled to workers' compensation.
(b) He/she shall,
as soon as reasonably practicable and during the ordinary hours of the first
day or shift of such absence inform the employer of his/her inability to attend
for duty, and as far as practicable, state the nature of the injury or illness
and the estimated duration of the absence.
If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee shall inform the employer within 24 hours of such absence.
(c) An employee
shall prove to the satisfaction of his/her employer that he/she was unable on
account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed.
(d) First Year of
Employment ‑an employee shall not be entitled during his/her first year
of any period of service with an employer to leave in excess of five days of
ordinary working time or in cases where he/she normally works more than 8
ordinary hours in any day, he/she shall not be entitled to leave in excess of
40 hours of ordinary working time.
Provided further that during the first five months of the first year of
a period of service with an employer he/she shall be entitled to sick leave
which shall accrue on a pro rata basis of one day of ordinary working time for
each month of service completed with that employer to a maximum of 40 ordinary
hours. On application by the employee during the sixth month of employment and
subject to the availability of an unclaimed balance of sick leave the employee
shall be paid for any sick leave taken during the first five months and in
respect of which payment was not made.
(e) Second or
Subsequent Years of Employment ‑ an employee shall not be entitled during
the second or subsequent year of any period of service with an employer to
leave in excess of 8 days of ordinary working time or in excess of 64 hours of
ordinary working time in the case of an employee who normally works more than 8
ordinary hours of any day.
7.3.2 Single Day
Absences
In the case of an employee who claims to be allowed
paid sick leave in accordance with this clause for an absence of one day only
such employee if in the year he/she has already been allowed paid sick leave on
more than one occasion for one day only, shall not be entitled to payment for
the day claimed unless he/she produces to the employer a certificate of a duly
qualified medical practitioner that in his/her, the medical practitioner's
opinion, the employee was unable to attend for duty on account of personal
illness or on account of injury by accident.
However, an employer may agree to accept from the employee a statutory
declaration, stating that the employee was unable to attend for duty on account
of personal illness or on account of injury by accident in lieu of a
certificate of a duly qualified medical practitioner as prescribed by this
subclause.
7.3.3 Accumulation of
Sick Leave
Sick leave shall accumulate from year to year so that
any balance of the period specified in 7.3.1 (d) and (e) of this clause which
has in any year not been allowed to an employee by an employer as paid sick
leave may be claimed by the employee and subject to the conditions hereinbefore
prescribed shall be allowed by that employer in a subsequent year without
diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates
pursuant to this subclause shall be available to the employee for a period of
twelve years but for no longer from the end of the year in which it accrues.
7.3.4 Attendance at
Hospital, etc
Notwithstanding anything contained in 7.3.1 of this
clause an employee suffering injury through an accident arising out of and in
the course of his/her employment (not being an injury in respect of which
he/she is entitled to workers' compensation) necessitating his/her attendance
during working hours on a doctor, chemist or trained nurse, or at a hospital
shall not suffer any deduction from his/her pay for the time (not exceeding
four hours) so occupied on the day of the accident, and shall be reimbursed by
the employer all expenses reasonably incurred in connection with such
attendance.
7.3.5 Year of Service
Year of service for the purpose of this clause means
the period between the date of commencement in employment in any year and the
anniversary of the commencement of employment in the next year.
7.3.6 Broken Service
(a) If an employee
is terminated by his/her employer and is re‑engaged by the same employer
within a period of six months then the employee's unclaimed balance of sick
leave shall continue from the date of re‑engagement.
(b) In such a case
the employee's next year of service will commence after a total of twelve
months has been served with that employer excluding the period of interruption
in service from the date of the commencement of the previous period of
employment on the anniversary of the commencement of the previous period of
employment, as the case may be.
7.4. Personal Carers
Leave
7.4.1 Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph of 7.4.1(c) who needs the
employee’s care and support, shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, provided for at
clause 7.3 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,
(i) 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
(ii) 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; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
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
persons 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 3.2 should be followed.
7.4.2 Unpaid Leave
for Family Purpose
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
7.4.1(c)(ii) above who is ill or who requires care due to an unexpected
emergency.
7.4.3 Use of 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 above, 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.
7.4.4 Use of Time Off
in Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
7.4.5 Use of 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 during ordinary hours, and works those
hours at a later time, during the spread of ordinary hours provided in the
award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
7.4.6 Use of 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.
7.4.7 Bereavement
Leave
(a) An employee,
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed for in 7.4.1(c), provided that for the purpose of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave. If required by the
employer, the employee will provide to the satisfaction of the employer, proof
of death.
(c) 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.
(d) Bereavement
leave may be taken in conjunction with other leave available under 7.4.1,
7.4.2, 7.4.3, 7.4.4, 7.4.5 and 7.4.6.
In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
(e) Bereavement
entitlements for casual employees
(i) Subject to the evidentiary and notice
requirements in 7.4.1(a) and 7.4.1(b) 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 paragraph (c)(ii) of subclause 7.4.1 of 7.4, Personal/Carer's Leave.
(ii) 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.
(iii) 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.
7.4.8 Personal Carers
Entitlement for casual employees
(a) Subject to the evidentiary and
notice requirements in 7.4.1(a) and 7.4.1(b) 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 7.4.1(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.
7.5. Jury Service
Summary
Full time and part time employees
attending for jury service are entitled to have their pay made up to what they
would have received for working ordinary time.
Employees must provide proof of attendance.
7.5.1 A full time
employee required to attend for jury service during his or her ordinary working
hours shall be reimbursed by the employer an amount equal to the difference
between the amount paid in respect of his or her attendance for such jury service
and the amount of wage he or she would have received in respect of the ordinary
time he or she would have worked had he or she not been on jury service.
7.5.2 Where a part
time employee is required to attend for jury service and such attendance coincides
with a day on which the employee would normally be required to work, payment
shall be made to the employee in accordance with subclause 7.5.1.
7.5.3 An employee
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service. Further, the employee shall give the
employer proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
7.6. 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).
7.7. Public Holidays
Summary
This clause describes an employee's (other than a casual employee) public
holiday entitlements.
Full‑time employees are generally entitled to 11 specified public
holidays per year without loss of pay.
Other days can be substituted for any of the specified days by agreement
between the employer and employees.
7.7.1 Prescribed
Holidays
(a) A full‑time
employee under this award is entitled to the following public holidays, without
loss of pay:
New Year Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen's Birthday
Labour Day or Eight Hours' Day
Christmas Day
Boxing Day
Where another day is generally observed in a locality
in substitute for any of the above days, that day shall be observed as the
public holiday in lieu of the prescribed day.
(b) In addition to
the public holidays prescribed in 7.7.1(a), full‑time employees are
entitled to the Tuesday immediately following Easter Monday as an additional
public holiday without loss of pay but if that Tuesday is a gazetted or
Proclaimed Public Holiday then on another day mutually agreed between the
employer and the employee. The
additional holiday is not cumulative and must be taken within each calendar
year.
(c) Part‑time
Employees
Refer to 4.2.4(e) to determine the public holiday
entitlements of part‑time employees.
(d) Substitution
of Public Holidays by Agreement at the Enterprise
(i) By agreement
between the employer and the majority of employees in the relevant enterprise
or section of the enterprise, an alternative day may be taken as the public
holiday in lieu of any of the prescribed days.
(ii) An employer
and individual employee may agree to the employee taking another day as the
public holiday in lieu of the day which is being observed as the public holiday
in the enterprise or relevant section of the enterprise.
(e) In addition to
the days described in 7.7.1(a) and (b),any special days appointed by gazettal
as a public holiday throughout the State shall be deemed to be a public holiday
for the purposes of this Award.
7.7.2 Payment for
Time Worked on a Public Holiday
(a) Payment for
Time Worked by Continuous Shift Workers on a Public Holiday
(i) Refer to
6.2.4(a) to determine the pay entitlements of continuous shift workers working
on rostered shifts which fall on a public holiday.
(ii) Continuous
shift workers required to work overtime on a public holiday shall be paid at
double time. Refer to 6.5.10 and 6.5.11 to determine the rest break and meal
allowance entitlements of continuous shift workers who work overtime on a public
holiday.
(iii) Continuous
shift workers required to work on a public holiday shall be paid for a minimum
of four hours work.
(b) Payment for
Time Worked by Non‑continuous Shift Workers on a Public Holiday
(i) Refer to
6.2.4(b) to determine the pay entitlements of non‑continuous shiftworkers
working on rostered shifts which fall on a public holiday.
(ii) Non‑continuous
shift workers required to work overtime on a public holiday shall be paid at
double time and one half. The double time and a half is to be paid until the
employee is relieved from duty. Refer to 6.5.10 and 6.5.11 to determine the
rest break and meal allowance entitlements of non‑continuous shift
workers who work overtime on a public holiday.
(iii) Non‑continuous
shift workers required to work on a public holiday shall be paid for a minimum
of four hours work.
(c) Payment for
Time Worked by Day Workers on a Public Holiday
(i) Day workers
required to work on a public holiday shall be paid for a minimum of four hours
work at double time and one half. The double time and a half is to be paid
until the employee is relieved from duty.
7.7.3 Effect on
Payment for Holidays if Absent on Working Day Before or After
Where an employee is absent from his or her employment
on the working day before or the working day after a public holiday without
reasonable excuse or without the consent of the employer, he or she will not be
entitled to payment for the holiday.
7.7.4 Rostered Day
Off Falling on Public Holiday
(a) Except as
provided for in 7.7.4 (b), where a full‑time employee's ordinary hours of
work are structured to include a day off and such day off falls on a public
holiday, the employee is entitled to, at the discretion of the employer,
either:
7 hours and 36 minutes pay at ordinary rates; or
7 hours 36 minutes added to his or her annual leave; or
a substitute day off on an alternative week day.
This shall not apply where the rostered day off falls
on a Saturday or a Sunday.
(b)
(i) Where an
employee has credited time accumulated (see 5.9.6), then such credited time
should not be taken as a day off on a public holiday.
(ii) If an
employee is rostered to take credited time as a day off on a week day and such
week day is prescribed as a public holiday after the employee was given notice of
the day off, then the employer shall allow the employee to take the time off on
an alternative week day.
(iii) Paragraphs
(i) and (ii) above shall not apply in relation to days off which are specified
in an employee's regular roster or pattern of ordinary hours. Paragraph 7.7.4
(a) shall apply in such circumstances.
7.7.5 Public Holidays
Falling During a Period of Annual Leave
Refer to 7.1.2.
PART 8 - MISCELLANEOUS
8.1. Clothing and
Equipment
(i) Where an
Employee as a result of performing any duty required by the employer, and as a
result of negligence of the employer, suffers any damage to or soiling of
clothing or other personal equipment, including spectacles and hearing aids,
the employer shall be liable for the replacement, repair or cleaning of such
clothing or personal equipment including spectacles and hearing aids.
(ii) An employee
shall not be required to provide more than the following items of equipment -
compasses, two set squares, protractor, a 12 inch scale (or metric equivalent) and
a slide rule.
(iii) Work in
Abnormal Conditions: Where an employee is required to work in abnormal
conditions as to temperature, height, dirt, oil wetness, danger and the like,
such reasonable precautions shall be taken by the employer as may be necessary
to facilitate the employee in carrying out his duties with a maximum of safety
and such employee shall be provided with all special clothing required for any
such abnormal conditions.
8.2. Lockers
The employer shall provide each
employee with a locker or drawer with a lock and key wherein the equipment
ordinarily required for the performance of his/her duties may be kept, and the
employer shall thereby be relieved of responsibility for loss of such
equipment, except in the case of fire.
SCHEDULE A - CLASSIFICATION DEFINITIONS
1.1 Classification
Structure
Classification
|
Classification Title
|
Minimum Training
|
Wage Relativity to C10
|
Number
|
|
Requirement
|
after full minimum rate
|
|
|
|
and broadbanding
|
|
|
|
adjustments
|
C1
|
Professional Engineer
|
Degree
|
180/210%
|
|
Professional Scientist
|
|
|
C2(b)
|
Principal Technical Officer
|
15 modules in addition to
|
150%
|
|
|
National Advanced Diploma
|
|
|
|
or equivalent
|
|
C2(a)
|
Leading Technical Officer
|
7 modules in addition to
|
150%
|
|
Principal/Trainer/Supervisor/
|
National Advanced Diploma
|
|
|
Coordinator
|
|
|
|
|
AQF 6 National Advanced
|
|
|
|
Diploma - with 15 modules
|
|
|
|
minimum in supervision/
|
|
|
|
training or equivalent
|
|
C3
|
Engineering Associate - Level II
|
AQF 6 National Advanced
|
145%
|
|
|
Diploma or equivalent
|
|
C4
|
Engineering Associate 3rd year
|
22 Modules towards National
|
135%
|
|
of - Level 1
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
C5
|
Engineering Technician - Level V
|
AQF 5 - National Diploma
|
130%
|
|
|
or 15 modules towards
|
|
|
Advanced Engineering
|
National Advanced Diploma
|
|
|
Tradesperson Level II
|
or equivalent
|
|
C6
|
Engineering Technician - Level IV
|
12 modules towards National
|
125%
|
|
Advanced Engineering
|
Diploma or National
|
|
|
Tradesperson Level 1
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
C7
|
Engineering Technician Level III
|
AQF Level 4
|
115%
|
|
Engineering Tradesperson - Special
|
National Certificate 9 modules
|
|
|
Class Level II
|
towards National Diploma or
|
|
|
|
National Advanced Diploma
|
|
|
|
3 appropriate modules in
|
|
C8
|
Engineering Technician - Level II
|
Higher Engineering
|
110%
|
|
|
Tradesperson or 3 appropriate
|
|
|
Engineering Tradesperson -
|
modules in addition to C9 or
|
|
|
Special Class Level I
|
6 modules towards national
|
|
|
|
Diploma or National
|
|
|
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
|
|
|
|
|
|
|
|
C9
|
Engineering Technician - Level I
|
3 appropriate modules in
|
105%
|
|
|
addition to C10 or
|
|
|
Engineering Tradesperson -
|
3 modules towards National
|
|
|
Level II
|
Diploma or National
|
|
|
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
C10
|
Engineering Tradesperson -
|
Trade Certificate or
|
100%
|
|
Level 1
|
Engineering Production
|
|
|
Production Systems Employee
|
Certificate III or equivalent
|
|
C11
|
Engineering/Production
|
Engineering Production
|
92.4%
|
|
Employee - Level IV
|
Certificate II or equivalent
|
|
C12
|
Engineering/Production
|
Engineering Production
|
87.4%
|
|
Employee - Level III
|
Certificate I
|
|
C13
|
Engineering/Production Employee
|
In-house training
|
82%
|
|
Level II
|
|
|
C14
|
Engineering/Production
|
Up to 38 hours induction
|
78%
|
|
Employee Level I
|
training
|
|
Trainer/Supervisor/Coordinator
Level I ‑ 122% of the highest rate paid to those
supervised.
Level 2 ‑ 115% of the highest rate paid to those
supervised.
1.2. Classification
Definitions
Note: The following
classification definitions should be read in conjunction with:
the stream and field definitions in subclause 1.4.1 and
1.4.2 respectively;
the definitions of "or equivalent",
"work within the scope of this level" and "Engineering
Associate" at the end of this Schedule;
the National Metal and Engineering Competency Standards
Implementation Guide especially Table 2 of that Guide which shows the alignment
between old and new titles under the Australian Qualifications Framework. For
example Advanced Certificates are now known as National Diplomas and Associate
Diplomas as National Advanced Diplomas.
Trainer/Supervisor/Coordinator ‑ Level I
A Trainer/Supervisor/Coordinator ‑
Level I is an employee who is responsible for the work of other employees
and/or provision of structured on‑the‑job training. Such an
employee has completed 9 modules of training in supervision and/or training.
Despite the above definition, an
employee who has not completed the specified training or equivalent for this
level may enter this classification consistent with 6.5.2 of the Implementation
Guide until such times as competency standards for this level are finalised.
Trainer/Supervisor/Coordinator ‑ Level II
A Trainer/Supervisor/Coordinator ‑
Level II is an employee who is responsible for supervision and/or training of
Trainers/Supervisors/Coordinators ‑ Level I. Such an employee has
completed 15 modules of training in supervision and/or training.
Despite the above definition, an
employee who has not completed the specified training or equivalent for this
level may enter this classification consistent with 6.5.2 of the Implementation
Guide until such times as competency standards for this level are finalised.
WAGE GROUP: C14
Engineering/Production Employee ‑ Level I
An Engineering/Production Employee
‑ Level I is an employee who is undertaking up to 38 hours induction
training which may include information on the enterprise, conditions of
employment, introduction to supervisors and fellow workers, training and career
path opportunities, plant layout, work and documentation procedures,
occupational health and safety, equal employment opportunity and quality control/assurance.
An employee at this level performs
routine duties essentially of a manual nature and to the level of his/her
training:
(i) performs
general labouring and cleaning duties
(ii) exercises
minimal judgement
(ii) works under
direct supervision; or
(iv) is undertaking
structured training so as to enable them to work at the C13 level.
WAGE GROUP: C13
Engineering/Production Employee ‑ Level II
An Engineering/Production Employee
‑ Level II is an employee who has completed up to three months structured
training so as to enable the employee to perform work within the scope of this
level.
An employee at this level performs
work above and beyond the skills of an employee at C14 and to the level of
his/her skills, competence and training.
(i) Works in
accordance with standard operating procedures and established criteria;
(ii) Works under
direct supervision either individually or in a team environment;
(ii) Understands
and undertakes basic quality control/assurance procedures including the ability
to recognise basic quality deviations/faults;
(iv) Understands
and utilises basic statistical process control procedures;
(v) Follows safe
work practices and can report workplace hazards.
WAGE GROUP: C12
Engineering/Production Employee ‑ Level III
An Engineering/Production Employee
‑ Level III is an employee who has completed an Engineering Production
Certificate I or equivalent so as to enable the employee to perform work within
the scope of this level.
An employee at this level performs
work above and beyond the skills of an employee at C13 and to the level of
his/her skills, competence and training.
(i) Is
responsible for the quality of his/her own work subject to routine supervision;
(ii) Works under
routine supervision either individually or in a team environment;
(iii) Exercises
discretion within his/her level of skills and training;
(iv) Assists in the
provision of on the job training.
WAGE GROUP: C11
Engineering/Production Employee ‑ Level IV
An Engineering/Production Employee
‑ Level IV is an employee who has completed an Engineering Production
Certificate II or equivalent so as to enable the employee to perform work
within the scope of this level.
An employee at this level performs
work above and beyond the skills of an employee at C12 and to the level of
his/her skills, competence and training.
(i) Works from
complex instructions and procedures;
(ii) Assists in
the provision of on‑the‑job training;
(iii) Co‑ordinates
work in a team environment or works individually under general supervision;
(iv) Is responsible
for assuring the quality of his/her own work.
WAGE GROUP: C10
Engineering Tradesperson ‑ Level I
An Engineering Tradesperson ‑
Level I is an employee who holds a trade certificate or tradespersons rights
certificate as an:
(i) Engineering
Tradesperson (Mechanical) ‑ Level I;
(ii) Engineering
Tradesperson (Fabrication) ‑ Level I;
(iii) or equivalent
and is able to exercise the skills
and knowledge of the engineering trade so as to enable the employee to perform
work within the scope of this level.
An Engineering Tradesperson ‑
Level I works above and beyond an employee at C11 and to the level of his/her
skills, competence and training.
(i) Understands
and applies quality control techniques;
(ii) Exercises
good interpersonal and communications skills;
(iii) Exercises
keyboard skills at a level higher than C11;
(iv) Exercises
discretion within the scope of this classification level;
(v) Performs work
under limited supervision either individually or in a team environment;
(vi) Operates
lifting equipment incidental to his/her work;
(vii) Performs non‑trade
tasks incidental to his/her work;
(viii) Performs work
which while primarily involving the skills of the employee's trade is
incidental or peripheral to the primary task and facilitates the completion of
the whole task. Such incidental or peripheral work would not require additional
formal technical training;
(ix) Able to inspect products and/or materials for conformity with
established operational standards.
Production Systems Employee
A Production Systems Employee is
an employee who, while still being primarily engaged in Engineering/Production
work applies the skills acquired through the successful completion of a
certificate III level qualification or equivalent in the production,
distribution, or stores functions.
A Production Systems Employee is
an employee who has completed an Engineering Production Certificate III or
equivalent so as to enable the employee to perform work within the scope of
this level.
A Production Systems Employee
works above and beyond an employee at C11 and to the level of his/her skills,
competence and training
(i) Understands
and applies quality control techniques;
(ii) Exercises
good interpersonal communications skills;
(iii) Exercises
discretion within the scope of this classification level;
(iv) Exercise
keyboard skills at a level higher than C11;
(v) Performs work
under limited supervision either individually or in a team environment;
(vi) Able to
inspect products and/or materials for conformity with established operational
standards.
WAGE GROUP: C9
Engineering Tradesperson ‑ Level II
Engineering Technician ‑ Level I
An Engineering Tradesperson ‑ Level II is an:
(i) Engineering
Tradesperson (Mechanical) ‑ Level II; or
(ii) Engineering
Tradesperson (Fabrication) ‑ Level II:
who has completed the following training requirements:
(i) Three
appropriate modules in addition to the training requirements of C10 level; or
(ii) Three
appropriate modules towards a National Diploma; or
(iii) Three
appropriate modules towards an Advanced Diploma; or equivalent.
An Engineering Tradesperson ‑
Level II works above and beyond a tradesperson at C10 and to the level of
his/her skills and competence and training performs work within the scope of
this level.
(i) Exercises
discretion within the scope of this classification;
(ii) Works under
limited supervision either individually or in a team environment;
(iii) Understands
and implements quality control techniques;
(iv) Provide trade
guidance and assistance as part of a work team;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level I
An Engineering Technician ‑
Level I is an employee who has the equivalent level of training of a C9
Engineering Tradesperson or equivalent so as to enable the employee to apply
skills within the scope of this level. The skills exercised by the Engineering
Technician Level I are in the technical fields as defined by this Award
including draughting, planning or technical tasks requiring technical
knowledge.
At this level the employee is engaged on routine tasks in the technical
fields.
WAGE GROUP: C8
Engineering Tradesperson ‑ Special Class Level I
Engineering Technician ‑ Level II
A Special Class Engineering Tradesperson ‑ Level I means a:
(i) Special Class
Engineering Tradesperson (Mechanical) ‑ Level I; or
(ii) Special Class
Engineering Tradesperson (Fabrication) ‑ Level I;
(iii) Higher Engineering
Tradesperson
who has completed the
following training requirement:
(i) Six
appropriate modules in addition to the training requirements of C10 level; or
(ii) Six
appropriate modules towards a National Diploma; or
(iii) Six
appropriate modules towards an Advanced Diploma;
(iv) a Higher
Engineering Tradesperson apprenticeship; or equivalent.
An Engineering Tradesperson
Special Class ‑ Level I works above and beyond a tradesperson at C9 and
to the level of his/her skills, competence and training performs work within
the scope of this level.
(i) Provides
trade guidance and assistance as part of a work team;
(ii) Assists in
the provision of training in conjunction with supervisors and trainers;
(iii) Understands
and implements quality control techniques;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level II
An Engineering Technician ‑
Level II is an employee who has the equivalent level of training of a C8
Engineering Tradesperson Special Class ‑ Level I or equivalent so as to
enable the employee to apply skills within the scope of this level. The skills
exercised by the Engineering Technician Level II are in the technical fields as
defined by this Award including draughting, planning or technical tasks
requiring technical knowledge.
At this level the employee is
required to exercise judgment and skill in excess of that required at C9 under
the supervision of technical or professional staff.
WAGE GROUP: C7
Engineering Tradesperson ‑ Special Class Level II
Engineering Technician ‑ Level III
A Special Class Engineering Tradesperson ‑ Level II means a:
(i) Special Class
Engineering Tradesperson (Mechanical) ‑ Level II; or
(ii) Special Class
Engineering Tradesperson (Fabrication) ‑ Level II.
who has completed the
following training requirement:
(i) Three
appropriate modules in addition to the requirements of C8 level; or
(ii) Nine
appropriate modules towards an Advanced Certificate; or
(iii) Nine
appropriate modules towards an Associate Diploma;
(iv) an AQF Level 4
National Certificate; or equivalent.
An Engineering Tradesperson ‑
Special Class Level II works above and beyond a tradesperson at C8 and to the
level of his/her skills, competence and training performs work within the scope
of this level.
(i) Is able to
provide trade guidance and assistance as part of a work team;
(ii) Provides
training in conjunction with supervisors and trainers;
(iii) Understands
and implements quality control techniques;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs non‑trade
tasks incidental to his/her work.
NB: The AQF 4
National Certificate referred to in this definition is not directly comparable
with existing post‑trade qualifications and the possession of such
qualifications does not itself justify classification of a tradesperson to this
level.
Engineering Technician ‑ Level III
Engineering Technician ‑
Level III is an employee who has the equivalent level of training of a C7 ‑
Engineering Tradesperson Special Class Level II or equivalent so as to enable
the employee to apply skills within the scope of this level. The skills
exercised by the Engineering Technician Level III are in the technical fields
as defined by this Award including draughting, planning or technical tasks
requiring technical knowledge.
At this level the employee is
engaged in detail draughting and/or planning or technical duties requiring
judgement and skill in excess of that required of a technician at C8 under the
supervision of technical or professional staff;
WAGE GROUP: C6
Advanced Engineering Tradesperson ‑ Level I
Engineering Technician ‑ Level IV
An Advanced Engineering Tradesperson ‑ Level I means an:
(i) Advanced
Engineering Tradesperson (Mechanical) ‑ Level I; or
(ii) Advanced
Engineering Tradesperson (Fabrication) ‑ Level I who has completed:
12 appropriate modules of a National Diploma; or
12 appropriate modules of an Advanced Diploma; or
equivalent.
An Advanced Engineering
Tradesperson ‑ Level I works above and beyond a tradesperson at C7 and to
the level of his/her skills, competence and training performs work within the
scope of this level.
(i) Undertakes
quality control and work organisation at a level higher than for C7;
(ii) Provides
trade guidance and assistance as part of a work team;
(iii) Assists in
the provision of training to employees in conjunction with
supervisors/trainers;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Prepares
reports of a technical nature on specific tasks or assignments;
(vi) Exercises broad
discretion within the scope of this level;
(vii) Operates
lifting equipment incidental to his/her work;
(viii) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level IV
An Engineering Technician ‑
Level IV is an employee who has the equivalent level of training of a C6 ‑
Advanced Engineering Tradesperson Level I or equivalent so as to enable the
employee to apply skills within the scope of this level. The skills exercised
by the Engineering Technician Level IV are in the technical fields as defined
by this Award including draughting, planning or technical tasks requiring
technical knowledge.
At this level the employee is
engaged in detail draughting and/or planning and/or technical duties requiring
judgement and skill in excess of that required of a technician at C7 under the
supervision of technical and/or professional staff
WAGE GROUP: C5
Advanced Engineering Tradesperson ‑ Level II
Engineering Technician ‑ Level V
An Advanced Engineering Tradesperson ‑ level II means an:
(i) Advanced
Engineering Tradesperson (Mechanical) ‑ Level II; or
(ii) Advanced
Engineering Tradesperson (Fabrication) ‑ Level II who has completed:
A National Diploma; or
15 modules or 2nd year part time of an Advanced
Diploma; or Equivalent
An Advanced Engineering
Tradesperson ‑ Level II works above and beyond a tradesperson at C6 and
to the level of his/her skills, competence and training performs work within
the scope of this level.
(i) Provides
technical guidance or assistance within the scope of this level;
(ii) Prepares
reports of a technical nature on tasks or assignments within the employee's
skills and competence;
(iii) Has an
overall knowledge and understanding of the operating principle of the systems
and equipment on which the tradesperson is required to carry out his/her task;
(iv) Assists in the
provision of on‑the‑job training in conjunction with supervisors
and trainers;
(v) Operates
lifting equipment incidental to his/her work; .
(vi) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level V
An Engineering Technician ‑
Level V is an employee who has the equivalent level of training of a C5 ‑
Advanced Engineering Tradesperson Level II or equivalent so as to enable the
employee to apply skills within the scope of this level. The skills exercised
by the Engineering Technician Level V are in the technical fields as defined by
this Award including draughting, planning or technical tasks requiring
technical knowledge.
At this level the employee is required to exercise judgment and skill in
excess of that required at level C6.
WAGE GROUP: C4
Engineering Associate ‑ Level I
An Engineering Associate ‑
Level I means an employee who works above and beyond a technician at level C5
and has successfully completed third year part‑time (or 22 modules) of an
Advanced Diploma or equivalent and is engaged in:
(i) Making of
major design drawings or graphics or performing technical duties in a specific
field of engineering, laboratory or scientific practice such as research
design, testing, manufacture, assembly, construction, operation, diagnostics
and maintenance of equipment facilities or products, including computer
software, quality processes, occupational health and safety and/or standards
and plant and material security processes and like work; or
(ii) Planning of
operations and/or processes including the estimation of requirements of
staffing, material cost and quantities and machinery requirements, purchasing
materials or components, scheduling, work study, industrial engineering and/or
materials handling process.
WAGE GROUP: C3
Engineering Associate ‑ Level II
An Engineering Associate ‑
Level II means an employee who works above and beyond an Engineering Associate
at level C4 and has successfully completed an advanced diploma or the
equivalent level of accredited training and is engaged in:
(i) Performing
draughting, or planning or technical duties which require the exercise of
judgment and skill in excess of that required by an engineering associate at
level C4; or
(ii) Possesses the
skills of an Engineering Associate ‑ Level I in a technical field and
exercises additional skills in a different technical field as defined.
WAGE GROUP: C2(a)
Leading Technical Officer
Principal Engineering Trainer/Supervisor/Coordinator
Leading Technical Officer means an
employee who works above and beyond an Engineering Associate ‑ Level II
at level C3 and has successfully completed seven modules in addition to an
advanced diploma or equivalent An employee at C2(a) is able to perform or
coordinate work in more than one engineering, scientific or technical field as
defined, or performs duties in a technical, engineering or scientific field
which requires the exercise of judgement and/or skill in excess of that required
of an Engineering Associate ‑ Level II.
Principal Engineering Trainer/Supervisor/Coordinator
Principal Engineering
Trainer/Supervisor/Coordinator means a Trainer/Supervisor/Coordinator who has
completed a National Advanced Diploma of which 15 modules are
supervision/training modules or equivalent and who when engaged at this level:
(i) Possesses a
sound knowledge of occupational health and safety, industrial relations, and
communications processes and is able to use this knowledge in training and leading
the work of others;
(ii) Possesses a
general knowledge and awareness of the administrative, business, and marketing
strategies of the enterprise;
Indicative of the tasks which an employee at this level may perform are
as follows:
Plans, writes and delivers training programs for all
engineering/production employees, apprentices, trainees, trade and lower
technical levels;
Plans and directs the work of engineering/production
employees especially in new work organisation environments, eg, group work arrangements,
CIM production techniques.
WAGE GROUP: C2(b)
Principal Technical Officer
A Principal Technical Officer
works above and beyond an employee at the C2a level and who has successfully
completed fifteen modules of accredited training in addition to an advanced
diploma or equivalent. Within organisational policy guidelines and objectives a
principal technical officer:
(i) Performs work
requiring mature technical knowledge involving a high degree of autonomy,
originality and independent judgement;
(ii) Looks after
and is responsible for projects and coordinating such projects with other areas
of the organisation as required by the operation of the organisation;
(iii) Is
responsible for the coordination of general and specialist employees engaged in
projects requiring complex and specialised knowledge;
(iv) Plans and
implements those programs necessary to achieve the objectives of a particular
project;
(v) In the
performance of the above functions, applies knowledge and/or guidance relevant
in any or all of the fields of designing, planning and technical work as
required by the company's operation;
(vi) Operates
within broad statements of objectives without requiring detailed instructions;
or
(i) Performs work
at the above level of skill in a particular technical field;
(ii) Has as the
overriding feature of his/her employment the ability to perform creative,
original work of a highly complex and sophisticated nature;
(iii) Provides
specialised technical guidance to other employees performing work within the
same technical field.
"Or equivalent"
Where it appears in these classification definitions, the
phrase "or equivalent" means:
(i) Any training which a registered provider (eg. TAFE), or by a
State Recognition authority which has been recognised as equivalent to an
accredited course which the Manufacturing Engineering and Related Services
Industry Training Advisory Body (MERSITAB) recognises for this level. This can
include advanced standing through recognition of prior learning and/or overseas
qualifications
OR
(ii) Where
competencies meet the requirements set out in the MERSITAB competency standards
in accordance with the National Metal and Engineering Competency Standards
Implementation Guide.
"Work within the scope of this level"
Where it appears in these classification definitions, the phrase
"work within the scope of this level" means:
1. For an
employee who does not hold a qualification listed as a minimum training
requirement, the employee shall apply skills within the enterprise selected in
accordance with the Implementation Guide. Competencies selected must be
MERSITAB competency standards.
2. Where an
employee has a qualification, subparagraph 5.1.3(c)(ii) of this Award should be
followed.
Engineering Associate
Where it appears in these
classification definitions, the phrase "Engineering Associate" is
defined as a generic term which includes technical officers in a wide range of
disciplines including laboratories and quality assurance; draughting officers;
planners and other para‑professionals.
SCHEDULE
B
Comparative schedule of old classifications and new broadbanded wage
levels
Old Classification
|
New Classification Level
|
|
|
Tracer
|
|
Years of experience as such:
|
|
‑ first
|
12E
|
|
‑ thereafter
|
12B
|
|
Draughtsman ‑ detail
Planning assistant
Technical assistant
Years of experience as such:
‑ first
|
9D
|
‑ second and third
|
9A
|
‑ fourth
|
9A plus 2%
|
‑ thereafter
|
9A plus 7%
|
Draughtsman ‑ design
Production planner and technical officer
Technician
Years of experience:
‑ first
|
4B
|
‑ second
|
4A
|
‑ thereafter
|
4A plus 5%
|
Leading tracer, leading detail
draughtsman, leading technical assistant, leading planning Trainer/assistant,
leading draughtsman ‑ design, supervisor/leading technician, leading
planning technician co‑ordinator leading technical officer, leading
production-technical planner, leading design draughtsman.
SCHEDULE
C
Industries and Callings
All persons employed as
draughtsmen, tracers, technical officers, technical assistants, supervisors of
engineering production and planners of engineering production, construction or
maintenance work and trainees and cadets in any of the aforementioned
occupations in the State, excluding the County of Yancowinna;
excepting employees of the Crown;
and excepting employees in or
about metalliferous and limestone mines, in or in connection with mining for
minerals, other than coal and shale, in or about diamond and gem-bearing mines,
mining dredges, ore sluicing processes, ore smelting, refining treatment and
reduction works;
And excepting also persons employed by ‑
The Australian Gas Light Company;
Newcastle Gas Company Limited;
The Hunter District Water Board;
The Water Board;
The Maritime Services Board;
The Water Resources Commission;
State Rail Authority of New South Wales;
State Transit Authority of New South Wales;
Roads and Traffic Authority of New South Wales;
South Maitland Railways Pty Ltd;
The United Dental Hospital of Sydney;
The Electricity Commission of New South Wales, trading as Pacific Power;
Southern Copper Pty Limited;
Sydney Electricity;
Metal Manufactures Limited;
Incitec Pty Limited
Austral Standard Cables Proprietary Limited, in and about the works of
the said companies at Port Kembla.
and excepting also -
Persons employed in the coal mining industry; and
Persons employed by municipal, shire and county councils.
and excepting also employees within the jurisdiction of the following
Conciliation Committees -
Iron and Steel Works Employees (Australian Iron and Steel Proprietary
Limited);
Australian Wire Industries Pty Ltd - Newcastle Ropery;
Steel Works Employees (Broken Hill Proprietary Company Limited);
Special Steels and Steel Products Manufacture (Commonwealth Steel Company
Limited);
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Unanderra;
Australian Wire Industries Pty Ltd - Sydney Wiremill;
Australian Wire Industries Pty Ltd - Newcastle Wiremill;
Cement Workers, &c. (State);
Tubemakers if Australia Limited, Yennora;
Tubemakers of Australia Limited, Newcastle;
Quarries (Australian Iron and Steel Pty Limited);
Quarries &c. (Broken Hill Proprietary Company Limited);
Colonial Sugar Refining Co. Limited (Concord Works);
Metalliferous Miners, &c. General (State);
Metalliferous Miners, &c. General (State) No 2;
Scientific officers, Chemists and Chemical Engineers (State);
University Employees, &c. (State);
Smelting, &c. (Electrolytic R. & S. Company, &c.);
Smelting (Sulphide Corporation Limited);
Australian Gas Light Company (Salaried Division);
Newcastle Gas Company Limited (Salaried Division);
AGL Sydney Limited (Wages Division);
Shortland County Council;
County Councils (Electricity Undertakings) Employees.
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.