Refractory
Industry (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1555 of 2007)
Before Commissioner
Bishop
|
14 March 2008
|
REVIEWED
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
21. Annual
Leave
22. Annual
Leave Loading
38. Anti-Discrimination
2. Area
Incidence and Duration
28. Attendance
at Repatriation Centres
26. Bereavement
Leave
10. Burners
and Tunnel Kiln Operators
14A Casual
Employment
3. Consultative
Mechanism
6. Contract
of Employment
8. Counselling
and Disciplinary Procedure
23. Days Added
to Annual Leave
34. Dirty Work
41. Enterprise
Arrangements
37. First Aid
13. Hours of
Duty
40. Industrial
Disputes and Grievance Procedure
27. Jury
Service
11. Leading
Hands
42. Leave
Reserved
29. Long
Service Leave
16. Overtime
30. Parental
Leave
14. Part Time
Employment
4. Payment
of Wages
17. Penalty
Rates
25. Personal/Carer's
Leave
20. Public
Holidays
35. Redundancy
36. Re-engagement
15. Rest
Periods
19. Rostered
Days Off
7A Secure
Employment
18. Shift
Allowances
24. Sick Leave
5. State
Wage Case Adjustments
31. Telephone
7. Termination
of Employment
32. Tools
12. Transfers
and Mixed Functions
39. Union
Business
9. Wages
33. Wet
Weather
PART B
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Area, Incidence
and Duration
2.1 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Refractory Industry (State) Award published
5 October 2001 (328 I.G.383) and all variations thereof.
2.2 The changes
made to the award pursuant to the Award Review under 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 14 March 2008.
2.3 This award
remains in force until varied or rescinded for the period for which it was made
already having expired.
2.4 It shall apply
to makers of refractory materials and their assistants, of the classifications
herein specified, in the State, excluding the County of Yancowinna, within the
jurisdiction of the Refractory Materials Makers (State) Industrial Committee
and being employees in the industries and callings assigned to the said
committee, excepting employees engaged:
(a) in or about
coal mines north of Sydney;
(b) in or about
coal mines in the South Coast district; and
(c) the Council of
the City of Sydney.
3. Consultative
Mechanism
Each company shall establish a consultative mechanism and
procedures appropriate to its size, structure and needs for consultation and
negotiation on matters affecting its efficiency and productivity.
4. Payment of Wages
4.1 All wages and
earnings shall be paid weekly in cash (unless an exemption is otherwise agreed
upon) on each Thursday or Friday up to the end of the preceding Tuesday or
Wednesday, respectively, and shall be made available for collection by employees
not later than the usual finishing time on the pay day: Provided that, in the
case of a shift worker rostered off duty between the hours of 7.00 a.m. and
4.30 p.m. on any pay day, wages shall be made available not later than the
termination of the last shift worked by the employee immediately preceding pay
day. A shift worker not so paid presenting themselves for wages on pay day
shall be entitled to payment for an additional four hours at their
ordinary-time rate of pay.
(a) Should an
employee be discharged from their employment or be stood down on any day during
the week in accordance with clause 6, Contract of Employment, the employee
shall be paid
(i) if
discharged, all moneys due to the employee up to the time of dismissal;
(ii) if stood down
only, all wages due to the employee for the current pay period at the time of
being stood down.
(b) In lieu of the
payment as prescribed in paragraph (a) of this subclause, an employee not so
paid, presenting themselves for their wages on pay day at the usual place of
payment, shall be entitled to an additional four hours' pay at their
ordinary-time rate of pay.
4.2 In the event
of pay day falling on a Public Holiday, as defined in clause 20, Public
Holidays, all wages and earnings shall be made available for collection by
employees not later than the usual finishing time on the day immediately
preceding pay day.
5. State Wage Case
Adjustments
The rates of pay in this award include the adjustment
payable under the State Wage Case 2007.
This increase 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.
State Wage Case
|
Increase
|
Allowances
|
|
$
|
%
|
May 2000
|
15.00
|
3.1
|
May 2001
|
13.00
|
3.0
|
May 2002
|
18.00
|
3.5
|
May 2003
|
17.00
|
3.2
|
June 2004
|
19.00
|
3.5
|
June 2005
|
17.00
|
3.0
|
June 2006
|
20.00
|
4.0
|
June 2007
|
20.00
|
4.0
|
6. Contract of
Employment
6.1 Employment
during the first three months shall be probationary, with either party able to
terminate on one day's notice. Thereafter employment will be weekly; provided
that an employee who has previously served with the company for a continuous
period of three months and is re-employed within 12 months by that company
shall be engaged by the week.
6.2 An employer
shall not be required to pay for any time an employee cannot be employed
usefully on Financial Members' Day or because of any strike or through any
breakdown in machinery or stoppage of work through any cause for which the employer
reasonably cannot be held responsible.
6.3 Employees will
participate in all training as required by the company from time to time.
6.4 An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award, provided that such duties are not designed to promote
deskilling.
6.5 An employer
may direct an employee to carry out such duties and use such equipment as may
be required, provided that the employee has been properly trained.
6.6 Any direction
issued by the employer pursuant to subclauses 6.4 and 6.5 shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
7. Termination of
Employment
7.1 Notice of
Termination by an Employer
(a) In order to
terminate the employment of an employee the employer must give to the employee
a minimum of one weeks notice:
(i) Payment in
lieu of notice 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.
(ii) In
calculating any payment in lieu of notice the wages to be used must be those an
employee would have received in respect of the ordinary time that would have
been worked during the period of notice had the employment not been terminated.
(iii) The period of
notice in this clause will not apply to cases of dismissals pursuant to 7.3.
7.2 Notice of
Termination By The Employee
(a) The notice of
termination required to be given by an employee is the same as that required of
an employer, and if the required notice is not given then up to one week’s pay
will be forfeited.
(b) Where an
employer and employee agree, the employee may be released prior to the expiry
of the notice period with payment of wages to the date of termination only.
7.3 Dismissal For
Misconduct
An employer may dismiss any employee without notice for
misconduct and, in such cases, the employee shall be paid up to the time of
dismissal only.
7.4 Abandonment of
Employment
(a) The absence of
an employee from work for a continuous period exceeding three working days
without the consent of the company and without notification to the company
shall be prima facie evidence that the employee has abandoned employment.
(b) Provided that
the employee shall have seven days from the commencement of the unauthorised
absence in which to establish that the employee was absent with reasonable
cause to the satisfaction of the company.
(c) Failure to do
so will result in dismissal on the grounds of abandonment, with effect from the
commencement of the unauthorised absence.
7A. Secure Employment
7A.1 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.
7A.2 Casual Conversion
(a) 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.
(b) 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.
(c) Any casual
employee who has a right to elect under paragraph 7A.2(a), upon receiving
notice under paragraph 7A.2(b) 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.
(d) 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.
(e) 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.
(f) 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 7A.2(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 7A.2(c), discuss and agree upon:
(i) whether the
employee will convert to full-time or part-time employment; and
(ii) 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.
(g) 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.
(h) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
7A.3 Occupational
Health and Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(i) 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.
(ii) 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.
(b) 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):
(i) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(ii) 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;
(iii) 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
(iv) 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.
(c) 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.
7A.4 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.
7A.5 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.
8. Counselling and
Disciplinary Procedure
8.1 Agreements
setting out procedures for counselling and disciplining employees should be
adapted to suit the requirements of each company. Unless prior to the
implementation of this clause an agreed counselling and discipline procedure
was in place at a site the following will apply. This procedure does not apply
in cases of serious misconduct:
(a) No employee
will receive a formal written warning unless the employee has been previously
counselled on the matter in question.
(b) A record of
the counselling will be kept by the employer and the employee will be informed
that the counselling is a formal counselling.
(c) Written
warnings, when given, will detail the reason for the warning, future actions
expected of the employee and a space for the employee to record a response.
(d) No employee
will be terminated prior to receiving at least one counselling and two written
warnings unless the employee is being terminated for misconduct.
(e) An employee is
entitled to have a union delegate or other representative nominated by the
employee at each stage of the Counselling and Disciplinary procedure.
(f) Nothing in
this clause shall prevent an employer and their employees (or the Union as the
case maybe) from agreeing to any counselling and disciplinary procedure that
the parties deem to be appropriate to the needs of the business. A copy of any
such agreement must be provided to all employees covered by this Award. The
agreed procedure must be included any subsequent Enterprise Agreement.
9. Wages
9.1 The minimum
rates for employees shall be as set out in Table 1 - Wages, of Part B, Monetary
Rates, for the following classifications:
9.2 Definitions of
Classifications
(a) Refractory
Employee - Basic Entry - Minimum probationary period of three months.
(b) Refractory
Employee - Level 1 - Capable of undertaking manual tasks and simple operations
involving equipment. As part of
undertaking these activities, a Level 1 employee will: undertake basic quality
control procedures to ensure quality of own work; undertake inventory and store
control procedures and maintain simple records; use basic keyboards for entry
and extraction of information and control of production.
(c) Refractory
Employee - Level 2 - Capable of operating process, testing, mobile and material
handling (including robotic) equipment on a regular rotating basis. As part of
undertaking these activities, a Level 2 employee will: apply basic process and
statistical control procedures; undertake quality control/assurance procedures;
understand concepts of team work and participate in process improvement;
possess keyboard skills for simple manipulation of data; record production and
quality data; possess Level 1 skills and knowledge.
(d) Refractory
Employee - Level 3 - A specialist with understanding and responsibility for
inspection, testing, recording, measuring and documenting process or product
quality; or capable of operating complex integrated processing systems. As part
of undertaking these activities, a Level 3 employee will: apply process and
statistical control techniques; be responsible for maintaining and improving
process and quality systems; ensure the quality of work of others; possess good
written communication skills; possess keyboard skills for statistical analyses
and spread sheeting; possess Level 2 skills and knowledge.
(e) Refractory
Employee - Level 4 - An employee at this level would possess a relevant formal
qualification or have equivalent in-house training; and understands and is
responsible for total process quality; operates complex testing equipment and
makes detailed analyses; or is an employee appointed as such in recognition of
a higher level of proficiency in operating and understanding the systems. As
part of undertaking these duties, a Level 4 employee will: be responsible for
developing process and quality systems; exercise discretion in relation to
process quality; undertake basic production planning; be able to operate as a
team leader; possess good oral communication skills; possess advanced keyboard
skills; possess Level 3 skills.
9.3 Industry
Allowance
In addition to the wage rates prescribed in Table 1 -
Wages, of Part B, Monetary Rates, an employee shall be paid an industry
allowance as shown in Item 1 of Table 2 - Other Rates and Allowances, of the
said Part B, to compensate for all disabilities associated with the manufacture
of refractory materials and maintenance of manufacturing plant machinery, and
includes:
(a) All cleaning
work, including cleaning in pits.
(b) Dusty or dirty
work.
(c) Hot work.
(d) Wet conditions
due to inclement weather.
(NOTE: For the purpose of computing overtime, etc., this
allowance shall form part of the employee's ordinary wage rate for the work
performed.)
10. Burners and
Tunnel Kiln Operators
Tunnel Kiln Operator - Not less than four employees shall be
employed on each tunnel kiln, one on each shift on each tunnel kiln. They shall
only be required to attend to one tunnel kiln and shall not be required to do
any other work.
11. Leading Hands
11.1 A leading hand
is an employee appointed by a company to undertake additional responsibilities
over and above their normal duties, including but not limited to, the
following:
(a) Undertake
duties as delegated by the Supervisor.
(b) Be in charge
of the work of other employees.
(c) Make decisions
and direct employees on the job.
(d) Assist in
day-to-day planning, supervising, organising and controlling the use of
resources in the most effective way.
(e) Undertake
structured training.
(f) Responsible for
maintaining procedures.
(g) Communicate
information to other employees which is relevant to the effective utilisation
of resources and the efficient operation of the company.
11.2 In recognition
of these additional duties, a leading hand shall be paid an allowance as shown
in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
12. Transfers and
Mixed Functions
12.1 On any day or
shift any employee required to perform work of a higher grade shall be paid the
wages attached to such higher grade for the whole of that day or shift, but any
employee required to perform the work of any lower grade to that in which the
employee is classed shall not suffer any reduction of pay by reason only of
their working temporarily out of their grade. Such work shall not be considered
temporary if it continues for more than one week.
12.2 This clause
shall not apply when an employee performs work carrying a higher rate only
while relieving another employee absent on crib or meal break. In such circumstances,
the employee is to be paid at the higher rate for the actual time so worked on
the relieving day.
12.3 If a company
requires any employee to undertake part of the functions of another employee
who is not employed under the terms of this award, this shall be permitted at
site level, following agreement with the employees and unions concerned.
13. Hours of Duty
13.1 Day Workers -
(a) The ordinary
working hours of day workers shall average 40 per week, to be worked between
the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday, inclusive; provided the
spread of hours may be altered where the company and the majority of employees
in the plant or section agree.
(b) The daily
ordinary hours shall be eight, except that up to 12 hours per day may be worked
where the majority of employees in the plant or section agree.
(c) A break of 30
minutes can be taken no earlier than four hours after commencing work and
should be concluded no later than six and one-half hours after commencing work.
The actual commencement time of the break shall be arranged by the company,
bearing in mind the production needs from time to time. For the purposes of
this clause, the ten- minute morning rest period shall be deemed to be time
worked.
(d) Each company
shall be entitled to fix the starting and finishing hours for each plant or
section within the spread of hours in paragraph (a) of this subclause and alter
them, from time to time, either by mutual consent or by posting up, in a
convenient place in the plant, one week's notice of the change.
13.2 Shift Workers -
(a) The ordinary
working hours of shift workers shall average 40 per week as defined in clause
4, Payment of Wages, and shall not exceed 12 during any consecutive 24 hours.
(b) A shift
worker's shift shall consist of eight hours, inclusive of one paid crib break
of 30 minutes taken in accordance with paragraph 13.1(c), Day Workers, of this
clause. Shifts of between eight and 12 hours may be worked where the company
and the majority of employees in the plant or section agree.
(c) The company
can move an employee to another shift roster by agreement between the company
and the employee or after giving 48 hours' notice.
(d) The company
shall be entitled to fix the starting and finishing times of shift workers and
alter them by agreement with the majority of employees in the plant or section
or after giving one week's notice, posted up in a convenient place in the
plant.
(e) All the
employees are engaged on the basis that they may be required to do shift work
either permanently or on a relief basis.
(f) Any employee
required to work beyond the conclusion of their normal shift shall be paid at
overtime rates for any additional time.
(g) An employee
who is employed for less than five continuous shifts in any week shall be paid
in accordance with Table 1 - Wages, of Part B, Monetary Rates, and clause 16,
Overtime; provided also that where less than a full week is worked due to the
action of the employee, the rates payable for the actual time worked shall be
ordinary shift rates.
13.3 Where a day
worker is transferred to shift work or vice versa, or is reverting to their
usual working time and the need arises from the absence of the rostered
employee or from other circumstances beyond the control of the employer, then
the employee shall be given 48 hours' notice of the change and be paid overtime
rates for any work performed within such 48 hours and which does not fall
within the ordinary hours the employee was working when the notice was given.
14. Part-Time Employment
14.1 An employee may
be engaged by the week to work on a part-time basis for a constant minimum
number of hours each week, which shall not be less than 19.
14.2 The spread of
hours shall be the same as those prescribed in clause 13, Hours of Duty.
14.3 Any hours
worked in excess of 40 per week shall be paid at overtime rates.
14.4 An employee so
engaged shall be paid one fortieth of the weekly rate for the hours worked,
except as provided for in subclause 14.3.
14.5 All other
entitlements such as sick leave, annual leave and long service leave, etc.,
shall be provided on a pro rata basis.
14A. Casual
Employment
(a) An employer
may engage an employee on a casual basis.
A casual employee shall be engaged and paid by the hour.
(b) For each hour
of work, casual employees must be paid at the rate of one thirty-eighth of the
weekly wage rate for the classification in which the employee is engaged, plus
a loading of twenty-five per cent.
(c) The casual
loading represents compensation for all incidents of this Award and for annual
leave. To avoid doubt, the loading is inclusive of annual holiday
payments."
15. Rest Periods
All employees shall be granted a rest period of ten minutes
at a time convenient to each employer and such period shall be counted as time
worked.
16. Overtime
16.1 When
calculating overtime each day shall stand-alone.
16.2 Employees Other
Than Seven-Day Shift Workers -
(a) All time
worked outside the limitations of ordinary time prescribed by clause 13, Hours
of Duty, or in excess of the daily weekly hours of labour, Monday to Friday
inclusive, shall be paid for at the rate of time and one-half for the first two
hours and double time thereafter.
(b) All time
worked on a Sunday shall be paid for at the rate of double time.
(c) All time
worked on any of the holidays as prescribed in clause 20, Public Holidays,
shall be paid at the rate of double time and a half.
16.3 Seven-Day Shift
Workers
(a) The following
rates shall be payable to a rostered seven-day shift worker working on any day
which normally would be their rostered day off or working in excess of an
ordinary rostered shift:
(i) Monday to
Friday - time and one-half for the first two hours and double time thereafter.
(ii) Saturday or
Sunday - double time.
(iii) Financial
Members' Day or any of the holidays specified in the said clause 20 - double
time and one-half.
16.4 Overtime Meal
Allowance
(a) An employee
who is required to work overtime in excess of two hours after their usual
ceasing time on any day shall, if the employee has not been notified on or
before the previous day that the employee will be so required to work, be paid
an allowance as shown in Item 3 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates.
(b) If an
employee, pursuant to notice, has provided a meal or meals and is not required
to work overtime or is required to work less than the amount advised, the
employee shall be paid as prescribed in Item 3 of Table 2 for meals which the
employee has provided but which are surplus.
(c) Before
commencing such overtime each employee shall be allowed a crib time of 20
minutes, which shall be counted as time worked.
(d) Should the
overtime extend beyond five hours each employee shall be allowed, at the end of
five hours, a further crib time of 20 minutes, which shall be counted as time,
worked. Where the crib breaks are not able to be taken the employee may be paid
in lieu for the time worked at the appropriate overtime rate.
16.5 Time Off
Between Shifts
(a) When overtime
work is necessary, it shall, wherever practicable, be so arranged that
employees have at least ten consecutive hours off duty between the work of
successive days.
(b) An employee
who works so much overtime between the termination of their ordinary work on
one day and the commencement of their ordinary work on the next day that the
employee has not had at least ten consecutive hours off duty between those
times shall, subject to this subclause, be released after completion of such
overtime until the employee has had ten consecutive hours off duty, without
loss of pay, for ordinary working time occurring during such absence.
(c) If, on the
instructions of their employer, such an employee resumes or continues work
without having had such ten hours off duty, the employee shall be paid at
double time rates until the employee is released from duty for such period and
the employee then shall be entitled to be absent until the employee has had ten
consecutive hours off duty, without loss of pay, for ordinary working time
occurring during such absence.
(d) The provisions
of this subclause shall apply as if eight hours were substituted for ten hours
when overtime is worked:
(i) for the
purpose of changing shift rosters; or
(ii) where a shift
worker does not report for duty; or
(iii) where a shift
is worked by arrangement between the employees themselves.
16.6 Recall To Duty
(a) An employee
recalled to work overtime after leaving their employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four hours' work at the appropriate rate for each time the employee
is so recalled.
(b) Except in the
case of unforeseen circumstances arising, the employee shall not be required to
work the full four hours if the job the employee was recalled to perform is
completed within a shorter period.
(c) This subclause
shall not apply in cases where it is customary for an employee to return to the
employer's premises to perform a specific job outside their ordinary working
hours, or where the overtime is continuous (subject to a reasonable meal break)
with the completion or commencement of ordinary working time.
(d) Overtime
worked in the circumstances specified in this subclause shall not be regarded
as overtime for the purposes of subclause 16.5 of this clause, where the actual
time worked is less than four hours on such recall or on each of such recalls.
16.7 Overtime on
Weekends And Public Holidays
Where an employee works overtime on a Saturday, Sunday
or public holiday, the employee shall be paid for a minimum of four hours'
work. The employee shall also receive a paid crib break of 20 minutes after
each five hours' overtime so worked.
17. Penalty Rates
17.1 Shift Workers
(Other Than Five-Day Shift Workers) -
(a) A six-day or
seven-day shift worker whose ordinary hours of work terminate on a:
(i) Saturday
shall be paid at the rate of time and one-half for the ordinary hours worked on
that shift.
(ii) Sunday shall
be paid at the rate of double time for the ordinary hours worked on that shift.
(iii) on the
Financial Members' Day or any of the, Public Holidays as defined by clause 20,
shall be paid at the rate of double time and one-half half for the ordinary
hours worked on that shift..
17.2 Five-Day Shift
Workers
Shift workers working on a five-day shift system Monday
to Friday, inclusive, working an ordinary shift of eight hours terminating on
any of the holidays as specified in the said clause 20 shall be paid at the
rate of double time and a half.
18. Shift Allowances
18.1
(a) Shift workers
on a rotating day-afternoon, day-night or day-afternoon-night shift system,
shall be paid, in addition to their wages, an allowance as shown in Item 4 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(b) Shift workers
on a rotating afternoon-night shift system (i.e., one in which day shift is not
worked at least one week in three) or on a permanent afternoon shift shall be
paid, in addition to their wages, an allowance as shown in Item 5 of the said
Table 2.
(c) Shift workers
on a permanent night shift shall be paid, in addition to their wages, an
allowance as shown in Item 6 of Table 2.
18.2 The excess
payments over ordinary rates prescribed by clause 16, Overtime, and clause 17,
Penalty Rates, shall be payable in lieu of the shift allowances prescribed by
this clause.
19. Rostered Days Off
Where Rostered Days Off fall on a Public Holiday, as
specified in clause 20, the day may be taken at another time mutually agreed
upon between the company and the employee.
20. Public Holidays
20.1
(a) The days on
which the following holidays are observed shall be holidays for the purposes of
this Award: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, any
other day proclaimed or gazetted as a Public Holiday throughout the State and
the Financial Members' Day of the Union which shall be held on the second
Monday in November of each year (or such other arrangement as is agreed upon between
the employer, employees and the union).
(b) Subject to the
provisions of subclauses 20.2, 20.3 and 20.4 of this clause, all employees
covered by this award shall be entitled to the abovementioned holidays and
shall receive payment for the said holidays at their ordinary rates of pay:
Provided that any such holiday falls on an ordinary working day or shift within
the meaning of clause 13, Hours of Duty.
(c) Employees not
required to work on holidays shall be paid at ordinary rates of pay for number
of hours the employee would have been required to work if that day was not a
holiday.
20.2 Payment for the
said Financial Members' Day shall be made only to financial members of the
Union, and the onus of proof of financial membership shall rest with the accredited
representative of the union, who shall advise the employer on the Friday
preceding Financial Members' Day.
(a) Payment shall
be made for the said holidays, subject to the condition that employees shall
have presented themselves for work on the working days immediately preceding
and succeeding the holidays specified herein and shall have worked the normal
working hours as required by the employer.
(b) Any absence
from duty on either or both of the days preceding or succeeding the holidays
owing to illness or injury covered by a certificate of a medical practitioner,
or by consent of the employer, shall not render an employee ineligible for
payment for the holidays.
(c) Where a group
of holidays as defined in paragraph 20.6 occurs, and an employee is found to be
not eligible for payment because of their non-compliance with any or all of the
conditions in this subclause, the employee shall forfeit payment for only one
day of the group of holidays.
20.3 Notwithstanding
anything elsewhere contained in this clause, employees engaged as other than
five-day shift workers on rostered shift work and who are rostered off duty on
any of the holidays specified herein shall be entitled, in respect of such
holidays, to payment of an additional day's pay for the pay period in which
such holiday occurs or, by mutual agreement, an additional day's leave may be
added to that employee's period of annual leave.
20.4 If within a
period of seven days prior to any holiday or the commencement of any group of
holidays, an employer terminates, for reasons other than wilful misconduct, the
employment of an employee who has been employed for a period of at least one
month prior to the termination of their employment or where such employee is
stood off, the employee shall be paid for that holiday or group of holidays,
such as the case may be.
20.5 Where two or
more of the holidays provided for in subclause 20.1 occur within one week such
holidays shall, for the purpose of this award, be deemed to be a group of
holidays.
21. Annual Holidays
21.1 Annual Holidays
shall be allowed to all employees as provided for by the Annual Holidays Act
1944, except as otherwise provided for in this clause.
21.2 A seven day
shift worker, in addition to the Annual Holidays provided for by subclause
21.1, shall be entitled to:
(a) additional
Annual Holidays of one day for every 36 ordinary shifts worked as a seven-day
shift worker if during the year of their employment the employee has served for
only portion of the year as such seven-day shift worker; or
(b) one week’s
additional Annual Holidays if the employee has served the entire year as a
seven day shift worker.
21.3 Where the
additional Annual Holidays calculated under this subclause includes a fraction
of a day, the fraction shall not be taken as Annual Holidays period and shall
be discharged by payment only.
21.4 Where the
employment of an employee is terminated, then in addition to the Annual
Holidays payable under section 4 of the Annual Holidays Act, the
employee also shall be entitled to an additional payment of three and one-third
hours at the ordinary hourly rate for each 21 ordinary shifts of service as a
seven-day shift worker since the employees last Annual Holidays entitlement.
21.5 Regular burners
or kiln operators on seven-day shift work who have been transferred to other
classes of employment during the qualifying period owing to no kiln being
available for burning, shall be entitled to the additional Holidays as provided
in this clause.
21.6 A shift worker
shall be paid while on annual leave their ordinary pay plus shift allowances
and weekend penalties relating to ordinary time the shift worker would have
worked if they had not been on annual leave. Provided that the shift allowances
and weekend penalties should not apply to public holidays which occur during a
period of annual leave or for days which have been added to annual leave in
accordance with the provisions of subclause 20.4.
22. Annual Holiday
Loading
22.1 This Clause
Applies to Annual Holidays to which Employees Become Entitled.
22.2 The loading is
payable in addition to the ordinary rate of pay for the period of the Annual
Holidays.
22.3 The loading is
payable at the rate of 17 1/2 per cent of the appropriate ordinary weekly rate
of pay prescribed by this award for the classification in which the employee
was employed immediately before commencing their annual Holidays, including
Leading Hand Allowance, but shall not include any other allowances, penalty
rates, shift allowances, overtime rates or any other payments prescribed by
this award.
22.4 No loading is
payable to an employee who takes an Annual Holidays wholly or partly in
advance. Provided that, if the employment of such an employee continues until
the day when the employee would have become entitled to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause 22.3 of this clause upon the award
rates of wages payable on that day.
22.5 Where the
employer, or part of it, is temporarily closed down for the purpose of giving
an annual holiday to its employees:
(a) An employee
with an entitlement to annual leave shall be paid the loading in accordance
with this clause.
(b) An employee
without an entitlement to an annual holiday but who is given and takes an
annual holiday without pay shall be paid a proportion of the loading on a pro
rata basis for the number of weeks actually employed.
22.6
(a) When the
employment of an employee is terminated by their employer for any cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of the annual holiday to which the employee
became entitled, the employee shall be paid a loading calculated in accordance
with subclause 22.3 for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee's employment.
22.7 A shift worker
who takes annual Holidays shall be paid the amount to which the employee would
have been entitled by way of shift work allowances and weekend penalty rates
for the ordinary time (not including time on a public or special holiday) which
the employee would have worked during the period of the holiday if that amount
exceeds the loading calculated in accordance with this clause.
23. Days Added to
Annual Holidays
23.1 In the event
that a Public Holiday(s), as defined by clause 20 occurs during an employee’s
period of Annual Holidays, the number of Public Holidays that occur during that
period shall be added to the end of the employee's period of Annual Holidays.
23.2 No loading shall be paid on any days added to a period of Annual Holidays
pursuant to clause 23.1 23.3 In the case of a five day shift worker this clause
shall not apply to a Public Holiday that falls on a Saturday or Sunday.
24. Sick Leave
24.1 An employee who
is absent from work by reason of personal illness or injury (not being illness
or injury arising out of the employee's misconduct or default or from an injury
arising out of or in the course of employment) shall be entitled to leave of
absence, without deduction of pay, subject to the following conditions and
limitations:
(a) Day workers
shall, whenever practicable, within eight hours of the commencement of absence,
inform the employer of their incapacity to attend for duty, and as far as
practicable, state the nature of the illness or injury, and the estimated
duration of the absence. In the case of shift workers, notification must be
prior to the normal commencement time. Notification must be provided to a
nominated supervisor or company delegate.
(b) An employee
who is absent for more than three single days or two or more consecutive
working days must provide a medical certificate stating the period for which
the employee was unfit for work and the reason. Certificates must be provided
for all sick leave taken in conjunction with a public holiday.
(c) Sick Leave
Entitlement
(i) In the first
year with an employer, the employee shall be entitled to sick leave of 40 hours
of ordinary working time.
(ii) During the
second and subsequent years with an employer, the employee shall accrue sick
leave of 64 hours of ordinary working time each year.
(iii) Periods of
leave without pay shall not accrue entitlements to sick leave.
(d) The employee
shall not be entitled to payment in respect of any time lost on an ordinary
working day on which, had the employee attended for duty, the employee would
not have been required to work.
(e) The employee
shall be paid at the ordinary rate of pay for the sick day (or days).
(f) `The payment
for any absence on sick leave in accordance with this clause during the first
three months of continuous service in the industry may be withheld by the
employer until the employee completes such three months, at which time the
payment shall be made.
24.2 The rights
under this clause shall accumulate from year to year so that any paid sick
leave, which has not been taken in any year, may be claimed by the employee in
a subsequent year.
24.3 For the purpose
of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause (proof
whereof shall, in each case, be upon the employee); provided that any time so
lost shall not be taken into account in computing the qualifying period of
three months specified in paragraph 24.1(f).
24.4 For the purpose
of this clause, "year" shall mean the period of 12 months measured
from the date of employment and subsequent anniversaries.
25. Personal/Carer’s
Leave
25.1 Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 25.1(d) 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 24, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee. In normal circumstances,
an employee must not take carer's leave under this subclause where another
person had taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to
the employee being responsible for the care and support of the person
concerned; and
(d) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this 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.
(e) 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 their
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 first 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 40, Industrial
Disputes and Grievance Procedure, should be followed.
25.2 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 25.1(d) above who is ill or who requires care due
to an unexpected emergency.
25.3 Annual Leave
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph 25.3(a) 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.
25.4 Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
25.5 Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off 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."
25.6 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 25.1(b) and 25.1(e) casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 25.1(d) 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.
(2) 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.
(3) 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.
26. Bereavement Leave
26.1 An employee,
other than a casual employee, shall be entitled to up to two days Bereavement
Leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person within Australia as prescribed in
subclause 26.3.
26.2 The employee
must notify the employer as soon as practicable of the intention to take Bereavement
Leave and will provide to the satisfaction of the employer proof of death.
26.3 Bereavement
Leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave, as set out in paragraph
(d) of subclause 25.1 of clause 25, Personal/Carer's Leave, provided that, for
the purpose of compassionate leave, the employee need not have been responsible
for the care of the person concerned.
26.4 An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
26.5 Bereavement
Leave may be taken in conjunction with other leave available under clause 25,
Personal/Carer's Leave. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
26.6 Bereavement
entitlements for casual employees
26.6.1 Subject to the
evidentiary and notice requirements in 26.2 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 25.1(d) of clause 25, Personal/Carer’s
Leave.
26.6.2 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.
26.6.3 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.
27. Jury Service
27.1 An employee
required to attend for jury service during their ordinary working hours shall
be reimbursed by the employer an amount equal to the difference between the
amount paid in respect of their attendance for such jury service and the amount
of wages the employee would have received in respect of the ordinary time the
employee would have worked had the employee not been on jury service.
27.2 An employee
shall notify their employer as soon as possible of the date upon which the
employee is required to attend for jury service. Further, the employee shall
give their employer proof of their attendance, the duration of such attendance
and the amount received in respect of such jury service.
28. Attendance at
Repatriation Centres
28.1 Employees being
ex-service personnel shall be allowed, as time worked, lost time incurred while
attending repatriation centres for medical examination and/or treatment;
provided that:
28.1.1 Such lost time
does not exceed four hours on each occasion.
28.1.2 Payment shall be
limited to the difference between ordinary wage rates for time lost and any
payment received from the Repatriation Department as a result of each visit.
28.1.3 The provisions
of this clause will apply to a maximum of four such attendances in any year of
service with the employer.
28.1.4 The employee
produces evidence satisfactory to the employer that the employee is required to
and subsequently does attend a repatriation centre.
29. Long Service Leave
See Long Service Leave Act 1955.
30. 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).
31. Telephone
A telephone shall be made available, where practicable, to
all workers on shift in case of sickness, injury or other emergency.
32. Tools
All tools required by employees at their respective work
shall be provided by the employer but, in instances where such goods are lost
or destroyed by the absolute fault of the employee, the employee shall be
liable, if called upon, to restore or pay for same.
33. Wet Weather
If a question arises whether it is too wet to work it shall
be decided by three persons, one representing the employer, one of those
working under cover and one of those working not under cover, whose decision,
whether unanimous or not, shall be final.
34. Dirty Work
Where an employee covered by this award works on unusually
dirty work in direct association with an employee covered by another award,
federal or State, who receives protective clothing and/or payment of "dirt
money" in respect of such work, the employee shall receive from their
employer similar payment and/or clothing in the same manner as is prescribed by
the award governing the employment of the employee with whom the employee
works.
35. Redundancy
35.1 Application
(a) This clause
shall apply in respect to full time and part time persons employed in the
classifications specified by Clause 9, Wages.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks, or where employment is
terminated due to the ordinary and customary turnover of labour.
35.2 Introduction of
Change
(a) Employer's
Duty To Notify
(i) 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.
(ii) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that where this award makes provision for
alteration, it shall be deemed not to have significant effect.
(b) Employer's Duty
To Discuss Change
(i) 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 subclause above, the
effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the Union in
relation to the changes.
(ii) The
discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in paragraph
35.2(a).
(iii) 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.
35.3 Redundancy
(a) Discussions
Before Terminations
(i) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
35.2(a)(i), 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.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph
35.2(a)(i) and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(iii) For the
purpose 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.
35.4 Termination Of
Employment
(a) Notice For
Changes In Production, Programme, Organisation Or Structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from production,
program, organisation or structure, in accordance with subparagraph 35.2(a)(i).
(i) In order to terminate
the employment of an employee, the employer shall give to the employee the
following notice:
Period of
Continuous Service
|
Period of Notice
|
|
|
Less than one year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(ii) In addition
to the notice above, employees over 45 years of age at the time of the giving
of the notice, with not less than two years' continuous service, shall be
entitled to an additional week's notice.
(iii) 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.
(iv) Unless and
until the employer has complied with the requirements of subclause 35.2,
Introduction of Change, and Clause 35.3, Redundancy, the status quo will be
maintained; that is, the employer will not implement the redundancy or
redundancies which is or are the subject of the dispute, and the employees will
not take industrial action.
(b) Notice For
Technological Change
This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subclause subparagraph 35.2(a)(i).
(i) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(ii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment shall be terminated by part of the period of
notice specified and part payment in lieu thereof.
(iii) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing
either of these Acts.
(c) Time Off
During The Notice Period
(i) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving During The Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this Clause to which the
employee would have been entitled had the employee remained with the employer
until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(e) Statement Of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice To
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(g) Centrelink
Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
(h) Transfer To Lower-Paid
Duties
Where an employee is transferred to lower-paid duties
for reasons set out in paragraph 35.2(a), 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.
35.5 Severance Pay
(a) Where an
employee is to be terminated pursuant to subclause 35.4 of this clause, subject
to further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the employee the following severance pay in respect of a
continuous period of service.
(b) The employer
shall pay in accordance with the following scale:
Years of service
|
Employee Under
45years of age
|
Employee Over 45
years of age
|
Less than 1 year
|
Nil
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
6 weeks
|
2 years and less than 3 years
|
7 weeks
|
8.75 weeks
|
3 years and less than 4 years
|
10 weeks
|
12.5 weeks
|
4 years and less than 5 years
|
12 weeks
|
15 weeks
|
5 years and less than 6 years
|
14 weeks
|
17.5 weeks
|
6 years and over
|
16 weeks
|
20 weeks
|
"Week's pay" means the all-purpose rate for
the employee concerned at the date of termination and shall include, in
addition to the ordinary rate of pay, overaward payments, shift penalties and
allowances paid pursuant to this award.
35.6 Incapacity to Pay
(a) Subject to an
application by the employer and further order of the Industrial Relations
Commission of New South Wales, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph 35.5(a) above.
(b) The Commission
shall have regard to such financial and other resources of the employer
concerned as the Commission thinks relevant, and the probable effect of paying
the amount of severance pay in paragraph 35.5(a) of this Clause will have on
the employer.
35.7 Alternative
Employment
Subject to an application by the employer and further
order of the Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in paragraph 35.5(a) above if the employer
obtains acceptable alternative employment for an employee.
36. Re-Engagement
If, through slackness of work, employees are dismissed, such
employees shall, as far as practicable, be given first preference for
employment when employees are being re-engaged.
37. First-Aid
37.1 Where an
employee is appointed to perform first-aid duty, such employee shall be paid an
allowance as shown in Item 7 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates, in addition to their ordinary rates.
37.2 The
Occupational Health and Safety Regulation 2001, as amended from time to time,
shall apply in respect of the requirements for first-aid facilities.
38.
Anti-Discrimination
38.1 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.
38.2 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 effect. 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.
38.3 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.
38.4 Nothing in this
Clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
38.5 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.
38.6 NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
(b) "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".
39. Union Business
39.1 Union Delegate
-
(a) An employee
appointed as union delegate in the yard or factory, shall, upon notification
thereof to the employer by the branch or sub-branch Secretary of the union, or
other accredited union official, be recognised as the accredited representative
of the union.
(b) Any matter
arising in the yard or factory-affecting members of the union may be
investigated by the delegate and discussed with the employer or their
representative. The delegate shall, at their request, be allowed a reasonable
opportunity to carry out such duties at a time reasonably convenient to the
employee and the employer.
(c) If a matter in
dispute is not settled, the delegate shall, on request, be allowed access to a
telephone for a reasonable opportunity of notifying the union branch or
sub-branch concerned.
39.2 Notice Board
-
The employer shall supply a notice board of reasonable
dimensions to be erected or to be placed in a prominent position at each yard
upon which accredited representatives of the union shall be permitted to post
formal notices authorised by the Secretary of the union.
39.3 Where required,
elected union delegates shall undergo training in the areas of industrial
relations and award interpretation. Training will be a maximum of two days paid
leave per year per factory.
40. Industrial
Disputes and Grievance Procedure
40.1 Disputes
Procedure -
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by the union for the purpose of each procedure.
40.2 Grievance
Procedure -
(a) The employee
is required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by the union.
(g Where the
parties fail to resolve the dispute or grievance, it is agreed that a dispute
notification shall be made to the Industrial Relations Commission of New South
Wales, pursuant to section 130 of the Industrial Relations Act 1996, for
the express purpose of ensuring that all avenues of conciliation and mediation
are fully explored.
41. Enterprise
Arrangements
41.1 The provisions
of this clause apply in addition to the Enterprise Arrangements Principle of
the Wage Fixing Principles.
41.2 The terms of
any proposed genuine agreement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary, provided that:
(a) A majority pf
employees affected genuinely agree.
(b) Such
arrangement is consistent with the current Wage Fixing Principles. Before any
arrangement requiring variation to the award is signed and processed, in
accordance with this subclause, details of such arrangement shall be forwarded
in writing to the union and the employer association of which the employer is a
member.
41.3 All employees
will be provided with current prescriptions (e.g. award, industrial agreement
or enterprise agreement) that apply at the place of work.
41.4 No existing
employee shall suffer a reduction in entitlement to earnings, award or
over-award, for working ordinary hours of work as a result of any award changes
made as part of the implementation of the arrangement.
PART B
MONETARY RATES
Table 1 - Wage
Rates
Classification
|
Award rate per week
|
Safety net adjustment
|
Total per week
|
$
|
$
|
$
|
|
Basic Entry Level
|
504.80
|
20.00
|
524.80
|
Level 1
|
523.10
|
20.00
|
543.10
|
Level 2
|
534.30
|
20.00
|
554.30
|
Level 3
|
546.50
|
20.00
|
566.50
|
Level 4
|
564.00
|
20.00
|
584.00
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
9.3
|
Industry Allowance
|
21.20 per week
|
|
|
|
|
2
|
11.2
|
Leading Hand
|
36.13 per week
|
|
|
|
|
3
|
16.4
|
Meal Allowance
|
8.82 then 7.47 for
each
|
|
|
|
subsequent meal.
|
|
|
|
|
4
|
18.1 (a)
|
Shift allowance -
|
|
|
|
rotating day-afternoon, day-night,
|
|
|
|
day-afternoon-night shift
|
7.89 per shift
|
|
|
|
|
5
|
18.1 (b )
|
Shift allowance -
|
|
|
|
rotating afternoon-night shift
|
11.79 per shift
|
|
|
|
|
6
|
18.1 (c)
|
Shift allowance -
|
|
|
|
permanent night shift
|
23.25 per shift
|
|
|
|
|
7
|
37
|
First Aid Allowance
|
2.11 per day
|
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.