MALTHOUSES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices
of award review pursuant to section 19 of the
Industrial Relations Act 1996.
(Nos. IRC 5010
and 5200 of 1999)
|
Before Commissioner Patterson
|
18 July 2001
|
REVIEWED AWARD
1. Arrangement
|
Clause No
|
Subject Matter
|
|
1.
|
Arrangement
|
|
2.
|
Rates of Pay
|
|
3.
|
Casual Employees
|
|
4.
|
Hours
|
|
5.
|
Overtime
|
|
6.
|
Saturday Shifts
|
|
7.
|
Sunday and Holiday Work
|
|
8.
|
Public Holidays
|
|
9.
|
Sick Leave
|
|
10.
|
Personal/Carer's Leave
|
|
11.
|
Annual Leave
|
|
12.
|
Paid Stopwork Meetings
|
|
13.
|
Bereavement Leave
|
|
14.
|
First-aid Attendant
|
|
15.
|
Industrial Clothing
|
|
16.
|
Terms of Employment
|
|
17.
|
Anti-Discrimination
|
|
18.
|
Redundancy and Technological
|
|
|
Change
|
|
19.
|
Introduction of Change
|
|
20.
|
Redundancy
|
|
21.
|
Termination of Employment
|
|
22.
|
Severance Pay
|
|
23.
|
Area, Incidence and Duration
|
PART B
Monetary Rates
|
Table 1
|
Wages
|
|
Table 2
|
Other Rates and
Allowances
|
2. Rates of Pay
2.1 The minimum rates of pay for adults
shall be the rates in Table 1 - Wages and Table 2 - Other Rates and Allowances.
2.2 A flat rate allowance as set out in Item
1 of Table 2 - Other Rates and Allowances shall be paid to all employees for
the special conditions of dust, dirt, heat or confined space which may apply in
the Malting Industry. This allowance is
also to apply while an employee is on paid sick leave, annual leave and long
service leave.
2.3 A Shiftworker, as defined, shall be paid
an allowance as set out in Item 2 of Table 2 - Other Rates and Allowances.
2.4 A Leading Hand shall be paid an
allowance as set out in Item 3 of Table 2 - Other Rates and Allowances.
2.5 A laundry
allowance shall be paid as set out in Item 4 of Table 2 - Other Rates and
Allowances
3. Casual Employees
3.1 "Casual Employees" shall mean
and be deemed to be any employee engaged for a period of less than five days a
week, Monday to Friday inclusive, and shall be paid 25 per cent extra per hour.
4. Hours
4.1 For employees not working on shift work,
the ordinary working hours shall be 40 per week to be worked on 5 days of 8
hours per day on Monday to Friday inclusive.
The said hours shall be exclusive of a lunch break of 45 minutes and
shall be worked between 6 a.m. and 6 p.m.
An employee shall not be required to take a lunch break within four
hours of the ordinary starting time or work longer than five hours from the
ordinary starting time without a lunch break: provided that in any instance
where it is not possible to grant the lunch break within five hours of the
ordinary starting time, all time after the said five hours shall be treated as
time worked and paid for at time and one-half, i.e. half-time extra until
released for a meal interval of forty-five minutes.
4.2 Shiftworkers shall mean and be deemed to
be two or three sets of employees working 16 hours or 24 hours respectively by
shifts of eight hours' duration in sequence.
They shall work their shift straight out, including crib time of at
least 20 minutes during each shift. The
ordinary working hours for shiftworker shall be forty per week and may be
worked on five days of eight hours per day on Monday to Friday inclusive;
provided that if the employer and the union agree, the ordinary working hours
shall not exceed an average of forty per week, spread over a cycle of two,
three or four weeks as provided by the appropriate rosters prepared by the
employer, and to be worked in shifts of eight hours each. A roster when put into operation shall not,
except in the case of emergency, be altered without seven days notice of such
alteration being given to the employees concerned. Shiftworkers may relieve one another before the end of a shift
without any liability on the part of an employer to pay overtime rates for time
worked beyond the eight hours per shift.
4.3 There shall be a fixed time of starting
and ceasing work for each employee which shall not, except in the case of
emergency be altered by the employer without seven days' notice.
4.4 Notwithstanding anything contained in
Clause 4.2 shiftworkers employed at Barrett Bros and Burston and Co. Pty Ltd
and Joe White Malting Limited may be employed between the hours of 3 p.m. and 7
a.m. on permanent shifts and such persons shall be treated as shiftworkers.
5. Overtime
5.1 For all the time worked in excess of the
hours prescribed in Clause 4, Hours, of this award, payment shall be made at
the rate of time and one-half for the first two hours and double time
thereafter.
5.2 An employee required to work overtime in
excess of two hours after the usual finishing time shall be paid the amount as
set out in Item 5 of Table 2 - Other Rates and Allowances.
5.3 An employee who works so much overtime
between the termination of the ordinary work on one day the commencement of the
ordinary work on the next day that they have not had at least ten consecutive
hours off duty between those times shall, subject to Clauses 5.4 and 5.5, be
released after completion of such overtime until they have had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
5.4 If on the instructions of the employer
such an employee resumes or continues work without having had such ten
consecutive hours off duty they shall be paid at double rates until they are
released from duty for such period and they then shall be entitled to be absent
until they have had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during their absence.
5.5 The period of ten hours shall be reduced
to a period of eight hours where necessary to effect the periodic rotation of
weekly shifts.
6. Saturday Shifts
6.1 Shiftworkers shall be paid for work
performed between midnight Friday and midnight on Saturday at the rate of time
and one-half unless they are working overtime between such hours in which case
their payment shall be as prescribed by Clause 5, Overtime, of this award.
6.2 An employee not working on shift and who
is required to work on a Saturday shall be paid for a minimum of four hours at
the appropriate overtime rate.
7. Sunday and Holiday Work
7.1 All time on duty by an employee on
Sunday shall be paid for at the rate of double time, which shall be in lieu of
any rate otherwise payable under this award with a minimum payment of four
hours. All time of duty by any employee
on a public holiday provided by this award, shall be paid for at double time
and one-half with a minimum payment of four hours.
7.2 Where a public holiday falls on a
shiftworker’s rostered day off, they shall be paid one-day’s pay in lieu
thereof.
8. Public Holidays
8.1 For the purposes of this award, the days
on which the undermentioned days are ordinarily observed shall be public
holidays:
New Year’s Day, Anniversary Day,
Good Friday, Easter Monday Anzac Day, Sovereign’s Birthday, Eight Hour Day,
Christmas Day, Boxing Day, The Australian Liquor, Hospitality and Miscellaneous
Workers Union, Liquor and Hospitality Division, New South Wales Branch picnic
day (which shall be held on the third Monday in February) and all other
gazetted Holidays observed throughout the State.
8.2 An employee shall not be called upon to
work on a public holiday unless they have received twenty-four hours’ notice of
such duty. Provided that in the event
of any of the said public holidays falling on a Sunday and another day in the
following week being observed in lieu thereof throughout the State, then the
latter shall be the day to be observed under this part of this award. No deduction shall be made from the wage of
any employee engaged by the week because of absence from work on a public
holiday. Payment for a public holiday
shall be made to an employee absent through illness and for whom no payment is
due in the pay week in which the holiday falls provided such absence does not
exceed four weeks prior to such holiday.
9. Sick Leave
9.1 An employee who is absent from their
work on account of personal illness, or on account of injury by accident
arising out of and in the course of their employment, shall be entitled to
leave of absence, without deduction of pay, subject to the following conditions
and limitations:
9.1.1 An employee shall not be entitled to paid
leave of absence for any period in respect of which they are entitled to
workers’ compensation.
9.1.2 An employee shall within twenty-four hours
of the commencement of such absence inform the employer of their 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.
9.1.3 An employee shall prove to the satisfaction
of their employer that they were unable on account of such illness or injury to
attend for duty on the day or days for which sick leave is claimed.
9.1.4 An employee shall not be entitled during
their first year of any period of service with an employer to leave in excess
of 64 hours of working time. Provided
that during the first six months of service with an employer they shall be
entitled to sick leave which shall accrue on a pro-rata basis of 5.33 hours for
each month of service.
9.1.5 An employee shall not be entitled during the
second or subsequent years of any period of service with an employer to leave
in excess of 80 hours of working time.
9.2 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 they have
already been allowed paid sick leave on more than one occasion for one day
only, shall not be entitled to payment for a day claimed unless they produce to
the employer a certificate of a duly qualified medical practitioner that in 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 they were 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. Nothing
in this subclause shall limit the employer’s rights under Clause 9.1.3.
9.3 Cumulative
Sick Leave - Paid Sick Leave shall accumulate indefinitely.
9.4 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.
10. Personal/Carer’s Leave
10.1 Use of Sick
Leave
10.1.1 An employee, other than a casual, with
responsibilities in relation to a class of person set out in clause 10.1.3.2
who needs the employee’s care and support, shall be entitled to use, in
accordance with this subclause, any current or accrued sick leave entitlement,
provided for at Clause 9 of the award, for absences to provide care and
support, for such persons when they are ill.
Such leave may be taken for part of a single day.
10.1.2 The employee shall, if required, establish by
production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
10.1.3 The entitlement to use sick leave in
accordance with this subclause is subject to:
10.1.3.1 the employee being responsible for the
care and support of the person concerned; and
10.1.3.2 the person concerned being:
10.1.3.2.1 a spouse of the
employee; or
10.1.3.2.2 a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person or;
10.1.3.2.3 a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
10.1.3.2.4 a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
10.1.3.2.5 a relative of the employee who is a member of
the same household, where for the purposes of this paragraph:
10.1.3.2.5.1 "relative" means a person
related by blood, marriage or affinity;
10.1.3.2.5.2 "affinity" means a relationship
that one spouse because of marriage has to blood relatives of the other; and
10.1.3.2.5.3 "household" means a family group
living in the same domestic dwelling.
10.1.4 An employee shall, wherever practicable, give
the employer notice prior to the absence of the intention to take leave, the
name of the person requiring care and that person’s relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
10.2 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 10.1.3.2 above who is ill.
11. Annual Leave
11.1 For annual leave provisions see Annual Holidays Act 1944, provided that
the period of leave shall be deemed to be four weeks, and provided further that
an employee when proceeding on their four weeks’ paid annual leave or five
weeks’ in the case of a seven-day shift worker, shall be paid for the first week
of such leave at double their ordinary rate of pay. This additional week’s pay is only payable where an employee is
taking their full period of annual leave, and is not payable in respect of pro
rata annual leave payments made at the time of termination of employment;
provided that where the employee and the employer agree, leave may be taken in
two separate periods and in such case the first week of the mutually agreed
period of leave shall be paid at double rate.
11.2 Seven-day shiftworkers (i.e. Employees
whose ordinary working period includes Sundays and Holidays on which they are
regularly rostered for work) shall be allowed additional leave as specified
below: If during the year of service,
an employee has served continuously as a seven-day shiftworker, the additional
leave with respect to that year shall be one week to be paid at his ordinary
rate of pay. If during the year of
service, the employee has served for only a portion of it as a seven-day
shiftworker, the additional leave shall be calculated on a pro rata basis
provided that if such calculation includes a fraction of a day such fraction
shall not form part of the leave period and any such fraction shall be
discharged by payment only.
11.3 Where the employment of an employee has
been terminated and they thereby become entitled under section 4 of the Annual Holidays Act, 1944, to payment in
lieu of an annual holiday payment, a payment of 3.33 hours at his ordinary wage
rate shall be made with respect to each twenty-one shifts of service as a
seven-day shiftworker which they have rendered during such period of employment.
11.4 Employees
shall receive one month’s notice of commencement of annual leave.
12. Paid Stopwork Meetings
12.1 The employer
shall allow two paid meetings each year under the following conditions:
12.1.1 The Union Divisional Secretary shall give reasonable notice to the
employer of the meetings.
12.1.2 The meetings shall be held at the workplace during the last two
ordinary hours of day work.
12.1.3 The Union and the employer shall agree on
steps to be taken to ensure the safety of the plant and product.
13. Bereavement Leave
13.1 An employee, other than a casual employee,
shall be entitled to up to three days bereavement leave in each year of employment
without deduction of pay on the death of a person prescribed in 13.3 below.
13.2 The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will, if
required by the employer, provide to the satisfaction of the employer proof of
death.
13.3 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 in 10.1.3, provided that for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
13.4 An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which
employee has already been granted other leave.
13.5 Bereavement leave may be taken in
conjunction with other leave available under subclauses 10.2, 10.3, 10.4 and
10.5 of clause 10, 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.
14. First-aid Attendant
14.1 An employee qualified and authorised to
act as a first-aid attendant shall be paid an allowance as set out in Item 6 of
Table 2 - Other Rates and Allowances for all time worked.
15. Industrial Clothing
15.1 The issue of industrial clothing shall be
as agreed upon between the individual employer and the employees and/or the
Union.
16. Terms of Employment
16.1 Employment under this award shall be by
the week, but an employee not attending for duty shall, except as provided by
Clause 9 of this award, lose pay for the actual time of such non-attendance.
16.2 Employment shall be terminated by a week’s
notice on either side to be given at any time during the week or by the payment
or forfeiture of a week’s wages as the case may be. This shall not affect the right of the employer to dismiss an
employee without notice for inefficiency, misconduct or neglect of duty and in
such cases wages shall be paid up to the time of dismissal only.
16.3 An employee shall perform such work as
shall from time to time be required on the usual days and within the prescribed
hours.
16.4 For the purpose of meeting the needs of
the employer in the industry such employer may require any employee to work
reasonable overtime including work on Saturdays, Sundays and Public Holidays at
the rate prescribed by this part of this award and unless reasonable excuse
exists the employee shall work in accordance with such requirement.
17. Anti-Discrimination
17.1 It is the intention of the parties bound
by this award to seek to achieve the object of 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.
17.2 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.
17.3 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 or unlawful discrimination or harassment.
17.4 Nothing in
this clause shall 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.
17.5 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.
18. Redundancy and
Technological Change
APPLICATION
18.1 This Part shall apply in respect to full
time and part time persons employed in the classifications within this Award.
18.2 In respect to employers who employ 15 or
more employees immediately prior to the termination of employment of employees,
in the terms of Clause 21.
18.3 Notwithstanding anything contained
elsewhere in this Part, this Part 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.
18.4 Notwithstanding anything contained
elsewhere in this Part, this Part 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.
19. INTRODUCTION OF CHANGE
19.1 EMPLOYER'S
DUTY TO NOTIFY
19.1.1 Where an employer has made a definite decision
to introduce major changes in
production, program, organisation, structure or technology that are
likely to have significant effects on employees, the employer shall notify the
employees who may be affected by the proposed changes and the Union to which
they belong.
19.1.2 "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
Provided that where this award
makes provision for alteration, it shall be deemed not to have significant
effect.
19.2 EMPLOYER'S DUTY TO DISCUSS CHANGE
19.2.1 The employer shall discuss with the employees
affected and the Union to which they belong, inter alia, the introduction of
the changes referred to in subclause 19.1 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.
19.2.2 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 subclause 19.1 of this Clause.
19.2.3 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.
20. REDUNDANCY
20.1 DISCUSSIONS
BEFORE TERMINATIONS
20.1.1 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 subclause 19.1.1, 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.
20.1.2 The discussions shall take place as soon as is
practicable after the employer has made a definite decision which will invoke
the provision of subclause 20.1.1 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.
20.1.3 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.
21. TERMINATION OF
EMPLOYMENT
21.1 NOTICE FOR
CHANGES IN PRODUCTION, PROGRAMME, ORGANISATION OR STRUCTURE
This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from production, program, organisation or structure, in accordance with
subclause 19.1.1.
21.1.1 In order to terminate the employment of an
employee, the employer shall give to the employee the following notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
Less than 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
|
21.1.2 In addition to the notice above, employees
over 45 years of age at the time of the giving of the notice, with not less
than two years' continuous service, shall be entitled to an additional week's
notice.
21.1.3 Payment in lieu of the notice above shall be
made if the appropriate notice period is not given. Provided that employment
may be terminated by part of the period of notice specified and part payment in
lieu thereof.
21.1.4 Unless and until the employer has complied
with the requirements of Clause 19, Introduction of Change, and Clause 20,
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.
21.2 NOTICE FOR
TECHNOLOGICAL CHANGE
This subclause sets out the notice
provisions to be applied to termination by the employer for reasons arising
from technology in accordance with subclause 19.1.1 of this award:
21.2.1 In order to terminate the employment of an
employee, the employer shall give to the employee three months' notice of
termination.
21.2.2 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.
21.2.3 The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944,
or any Act amending or replacing either of these Acts.
21.3 TIME OFF
DURING THE NOTICE PERIOD
21.3.1 During the period of notice of termination
given by the employer, an employee shall be allowed up to one day's time off
without loss of pay during each week of notice, to a maximum of five weeks, for
the purpose of seeking other employment.
21.3.2 If the employee has been allowed paid leave
for more than one day during the notice period for the purpose of seeking other
employment the employee shall, at the request of the employer, be required to
produce proof of attendance at an interview or the employee shall not receive
payment for the time absent.
21.4 EMPLOYEE
LEAVING DURING THE NOTICE PERIOD
If the employment of an employee
is terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this Clause
to which the employee would have been entitled had the employee remained with
the employer until the expiry of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
21.5 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.
21.6 NOTICE TO
CENTRELINK
Where a decision has been made to
terminate employees, the employer shall notify the Centrelink thereof as soon
as possible, giving relevant information, including the number and categories
of the employees likely to be affected and the period over which the
terminations are intended to be carried out.
21.7 DEPARTMENT OF
SOCIAL SECURITY EMPLOYMENT SEPARATION CERTIFICATE
The employer shall, upon receipt
of a request from an employee whose employment has been terminated, provide to
the employee an Employment Separation Certificate in the form required by the
Department of Social Security.
21.8 TRANSFER TO
LOWER-PAID DUTIES
Where an employee is transferred
to lower-paid duties for reasons set out in subclause 19.1, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated, and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new ordinary-time rates for the number of weeks of notice still owing.
22. SEVERANCE PAY
22.1 Where an employee is to be terminated
pursuant to subclause 21, 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.
22.1.1 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
|
22.1.2 Where an employee is 45 years old or over,
the entitlement shall be in accordance with the following scale:
|
Years of service
|
45 years of age and over entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
22.1.3 "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.
22.2 INCAPACITY TO
PAY
Subject to an application by the
employer and further order of the Industrial Relations Commission of New South
Wales, an employer may pay a lesser amount (or no amount) of severance pay than
that contained in subclause 22.1 above.
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 subclause 22.1 of this Clause will have on the employer.
22.3 ALTERNATIVE
EMPLOYMENT
Subject to an application by the
employer and further order of the Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 22.1
above if the employer obtains acceptable alternative employment for an
employee.
23. AREA, INCIDENCE AND
DURATION
This award rescinds and replaces the Malthouses (State)
Award published 15 May 1985 (237 IG 728), and all variations thereof and the
Malthouses (State) Wages Adjustment Award published 8 November 1996 (295 IG
817) and all variations thereof. It
shall apply to all employees within the jurisdiction of the Malt Houses (State)
Industrial Committee.
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
Award made by the Industrial Relations
Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on
and from 18 July 2001.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
Malt Houses (State) Industrial Committee Industries and
callings.
All persons employed in or in connection with malt houses in
the State, excluding the County of Yancowinna:
Excepting employees employed by members of the Brewers’
Association of New South Wales within the jurisdiction of the Breweries,
&c., (State) Conciliation Committee;
And excepting all persons employed as administrative office
cleaners;
And excepting also employees within the jurisdiction of the
following Conciliation Committees:
Clerks (State);
Builders’ Labourers (State);
Carpenters, Bricklayers (State);
Electricians, &c. (State) Engine Drivers, &c.,
General (State);
Painters, &c. (State);
Plasterers, &c. (State);
Plumbers and Gasfitters (State);
Carters, &c. (State);
Sheet Metal Workers, &c. (State);
Coopers (State);
Ironworkers’ Assistants, &c. (State);
Commercial Travellers (State).
PART B
MONETARY RATES
TABLE 1 - WAGES
The rates of pay in this award include the adjustments
payable under the State Wage Case 2001.
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.
|
Classification
|
Wage Total
|
|
Malthouse Employee
|
443.40
|
TABLE 2 - OTHER RATES AND ALLOWANCES
|
Item
|
Clause Number
|
Description
|
Amount
$
|
|
1
|
2.2
|
Shift Worker
|
39.20 per week
|
|
2
|
2.3
|
Leading Hand
|
25.50 per week
|
|
3
|
2.4
|
Laundry Allowance
|
5.80 per week
|
|
4
|
2.5
|
Flat Rate Allowance
|
7.70 per week
|
R. J. PATTERSON,
Commissioner
____________________
Printed by the authority
of the Industrial Registrar.