JOURNALISTS'
(CUMBERLAND NEWSPAPERS
PTY LIMITED)
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice
of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 2733 of 1999)
Before Mr Commissioner O'Neill
|
15 May 2001
|
REVIEWED AWARD
Arrangement
PART A
Clause No.
|
Subject Matter
|
1.
|
Area, Incidence and Duration
|
2.
|
Anti-Discrimination
|
3.
|
Definitions
|
4.
|
Supplementary Payments
|
5.
|
Shift Penalties
|
6.
|
Casuals
|
7.
|
Permanent Part-time Employees
|
8.
|
Classification of Employees
|
9.
|
Cadet Journalists
|
10.
|
Cadet Press Photographers
|
11.
|
Hours of Employment
|
12.
|
Overtime
|
13.
|
Public Holidays
|
14.
|
Accommodation
|
15.
|
Holiday Leave and Leave Loading
|
16.
|
Expenses
|
17A.
|
Sick and Incapacity Pay
|
17B.
|
Personal Carers Leave
|
17C.
|
Bereavement Leave
|
18.
|
Names to be Furnished
|
19.
|
Files for Reference
|
20.
|
Termination of Services
|
21.
|
Long Service Leave
|
22.
|
Time Book
|
23.
|
Literary Work, Press Photographers
|
24.
|
Technological Change
|
25.
|
Clothing, etc., Press Photographers
|
26.
|
Award Modernisation
|
27.
|
Trade Union Training Leave
|
28.
|
Use of Technology
|
29.
|
Disputes Settling Procedure
|
30.
|
Leave Reserved
|
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
PART A
1. Area, Incidence and Duration
(a) This award
shall apply to journalists, artists and photographers as classified in the
award.
It shall apply to employees of the
employers as defined within the jurisdiction of the Journalists, &c.
(State) Industrial Committee and to any successor to or any assignee or
transmittee of the business of any such employer or of such part of any such
employer's business as relates to the conduct of the newspaper or magazine in
connection with which employees of any of the classifications referred to in
this award are employed, including any corporation which acquires or takes over
such business or part of such business.
(b) This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Journalists' (Cumberland
Newspapers Pty Limited) Award published 30 April 1993 (274 I.G. 1027), and all
variations thereof.
(c) The award published 30 April 1993 took
effect from the beginning of the first pay period to commence on or after 19
August 1991.
(d) The changes made to the award pursuant
to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Awards made by the Industrial Relations Commission of New South
Wales on 18 December 1998 (308 I.G. 307) take effect on 15 May 2001.
(e) The award remains in force until varied
or rescinded, the period for which it was made having already expired.
Journalists, &c.
(State) Industrial Committee
Industries and Callings
Section 1 - Journalists, cartoonists, creative and press
artists and press photographers, by whatever name known, employed on
newspapers, magazines, newsletters and periodicals published for distribution
to the public and/or subscribers.
Section 2 - Journalists, cartoonists, creative and press
artists, press photographers and publicity and public relations officers in the
State;
excepting in all sections -
(i) All persons
employed by Sydney Electricity;
Employees of Australian Gas Light
Company;
(ii) Employees within
the jurisdiction of the following Industrial Committees -
Journalists (Broadcasting,
&c.);
Journalists (Book Editors);
Crown Employees (Professional);
Crown Employees (Clerical);
Crown Employees (General);
Colleges of Advanced Education
Employees (State);
University Employees, &c.
(State);
Crown Employees (United Dental
Hospital of Sydney);
The New South Wales Egg
Corporation;
Totalisator Agency Board Employees
(State).
2. Anti-Discrimination
(a) 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 and age.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(ii) offering or providing junior rates of pay to persons under 21
years of age;
(iii) any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this award from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
(e) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
(i) Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
(ii) Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in this 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".
3. Definitions
(a) The expression "Editor"
includes not only a journalist who is engaged or paid as such but also those
who constantly or regularly perform substantially the duties, which are
ordinarily performed by a person so engaged or paid.
(b) (i) "Editor
off the time book" is an employee who is paid the minimum award rate of
pay prescribed in Part B, Minimum Weekly Rates of Pay, for the classification
of Grade 7 (AJA 6) plus an amount of 15 per cent of such minimum award rate.
(ii) An editor off the time book is exempted
from the provisions of this award except in respect of subclause (a) of the
said Part B and clauses 15, Holiday Leave and Leave Loading, 16, Expenses, 17A,
Sick and Incapacity Pay, and 20, Termination of Services.
(c) "Employer" shall mean
Cumberland Newspapers, a division of Nationwide News Pty Ltd (incorporated in
the ACT) and Central Coast Publications Pty Ltd.
(d) "Union" shall mean the Media,
Entertainment and Arts Alliance New South Wales, whose registered office is 245
Chalmers Street, Redfern, NSW 2016.
4. Supplementary Payments
(a) The amount of the supplementary payment
for an employee shall be the amount assigned to the employee's grade in this
subclause as set out in Table 1 of Part B.
(b) The supplementary payments prescribed in
subclause (a) of this clause are in substitution for any overaward payment as
defined hereunder which would otherwise have been paid up to the amount of the
supplementary payment. Any overaward
payment applicable at the date of operation of this award shall be reduced by
the amount of the supplementary payment established by subclause (a).
"Overaward payment" is
defined as the amount (whether it is termed overaward payment or by any other
term whatsoever) of any payment, apart from any disability payment, made to an
employee and which was not made in order to comply with this award.
5. Shift Penalties
(a) Subject to subclause (b) of this clause,
an employee who is rostered to perform and who performs ordinary duty on a
shift, any part of which falls between the time of 6.00 a.m. and 7.00 a.m. or
is rostered to perform and performs ordinary duty on a shift that concludes
between the hours of 6.00 p.m. and 8.30 p.m. shall be paid an additional 10 per
cent of his/her salary for the shift.
(b) An employee of Central Coast
Publications Pty Limited who is rostered to perform and who performs ordinary
duty on a shift that concludes between 7 p.m. and 8.30 p.m. shall be paid an
additional 10 per cent of his/her salary for that shift. The Union shall be entitled to apply to vary
this subclause so that it is in the terms of subclause (a) of this clause if
new technology is introduced at Central Coast Publications Pty Limited with the
consequence that it is unnecessary for employees covered by this award to
regularly work between 6.00 a.m. and 7.00 a.m. and between 6.00 p.m. and 7.00
p.m. on any day.
(c) An employee who is rostered to perform
and performs ordinary duty on a shift, any part of which falls between the
hours of 8.30 p.m. and 6.00 a.m., shall be paid an additional 17½ per cent of
his/her salary for that shift.
(d) The additional rates provided for in
subclauses (a), (b) and (c) of this clause are not cumulative and where any
shift attracts both penalties the higher percentage only shall be paid.
(e) An employee who is rostered to perform
and performs ordinary duty where the greater part of the shift falls between
the hours of midnight Friday and midnight Sunday shall be paid an additional 7½
per cent of his/her base salary for the shift.
(f) The respective additional payments
prescribed in this subclause shall not exceed the amount based on the minimum
weekly rate of pay for a Grade 3 (AJA 2) prescribed in Table 1 - Rates of Pay,
of Part B, Monetary Rates.
6. Casuals
(a) A
"casual" means an employee who is engaged as such. A casual may be employed:
(i) for a minimum engagement of half a day;
(ii) for a day;
(iii) by the hour for an engagement in excess
of four hours, when an employee seeks such casual employment or in cases where
work is offered for a limited duration of up to 3 months on a special
project. (NOTE: The employer will advise the Union of all
such engagements.)
(b) No one casual shall be employed for more
than 24 hours in any week except to take the place of a classified member of
the classified staff temporarily absent from duty.
(c) The Union may, by written consent,
extend the limitations of casual employment provided for in subclause (b) of
this clause on a written request to do so from the employer.
7. Permanent Part-time
Employees
(a) An employer
may employ an employee as a permanent part-time employee.
(b) The following terms and conditions of
employment shall apply to any employee employed as a permanent part-time
employee:
(i) Not fewer than 8 ordinary hours and not
more than 32 ordinary hours shall be worked by any one permanent part-time
employee in a week, with 4 hours being the minimum number of hours of work
which shall be performed by such an employee on any day.
(ii) Subject to paragraph (i) of this
subclause, the ordinary hours of work and days on which such work is to be
performed shall be specified in writing by the employer to the permanent
part-time employee before the part-time employee begins employment. Such agreed hours and days may be changed
only by:
(1) agreement (in writing) between the
permanent part-time employee and the employer; or
(2) 7 days notice (in writing) between the
permanent part-time employee and the employer, provided that there is no
diminution of the total agreed number of ordinary weekly hours of work.
(c) The grade of each permanent part-time
employee, which shall be no less than Grade 2 (AJA 1b), shall be agreed in
writing between the permanent part-time employee and the employer before the
employee commences employment.
(d) The minimum weekly rate of pay for a
permanent part-time employee shall be the rate which is that proportion of the
weekly rate for an employee of the same grade as the permanent part-time
employee which the ordinary weekly hours of work of that part-time employee
bears to 38.
(e) (i) The
weekly hours of permanent part-time employees will be expressed as a percentage
of 38 hours for the purposes of the classification table.
(ii) The percentages of employees on the same
grade will be added together. Any
accumulated percentage above 50 per cent will count as 100 per cent. Any percentage at or below 50 per cent will
be disregarded.
(iii) Where the proportions are affected by
staff alterations, those proportions shall be restored within eight weeks.
(f) Application
of award provisions not referred to above for permanent part-time employees:
(i) For the purposes of this clause pro
rata means, in the case of each permanent part-time employee, the percentage
which the ordinary weekly hours of the employee bear to 38.
(ii) Annual leave entitlements shall accrue
for permanent part-time employees in the same manner as for full-time
employees. Payment for any period of,
or entitlement to, annual leave for part-time employees shall be calculated pro
rata for the period of leave or entitlement.
(iii) Sick leave shall accrue for permanent
part-time employees in the same manner as for full-time employees and payment
for absences shall be in respect of the hours each week that would have been
worked by the employee concerned had that employee been working.
(iv) All other provisions of this award
applicable to full-time employees which are capable of having application to
permanent part-time employees shall apply to permanent part-time employees;
provided that, where such provisions specify the payment to an employee which
is calculated on the basis of, or by reference to, weekly hours of work of a
full-time employee, the payment shall be made pro rata to the permanent
part-time employee.
(g) The provision of permanent part-time
employment is not to prejudice the rights of the parties in respect of the
employment of casual employees and is not to be applied so as to prejudice the
employment of full-time employees.
8. Classification of Employees
(a) "Classified members" or
"classified staff" or "members of the classified staff" for
the purposes of this award means employees classified as hereinafter mentioned,
not for the purpose of controlling or regulating their qualifications or work
or duties toward their employers, but only to fix the minimum rates of pay
which they are to receive.
(b) Employees (other than editors off the
time book, editors, cadets and casuals) shall be classified in four groups,
namely:
(i) journalists employed by Cumberland
Newspapers with the exception of those referred to in paragraph (iii) of this
subclause;
(ii) photographers employed by Cumberland
Newspapers;
(iii) journalists employed by Cumberland
Newspapers on the Liverpool Leader and Fairfield Advance;
(iv) journalists and photographers employed by
Central Coast Publications Pty Limited,
In accordance
with the following table:
Employee's Classified
|
Grade:
|
Number
|
A
|
B
|
C
|
D
|
|
|
|
|
|
1
|
-
|
1
|
-
|
-
|
2
|
-
|
1
|
1
|
-
|
3
|
1
|
1
|
1
|
-
|
4
|
1
|
1
|
1
|
1
|
5
|
1
|
2
|
1
|
1
|
6
|
1
|
2
|
2
|
1
|
7
|
1
|
3
|
2
|
1
|
8
|
1
|
3
|
3
|
1
|
9
|
1
|
4
|
3
|
1
|
10
|
2
|
4
|
2
|
2
|
11
|
2
|
5
|
2
|
2
|
12
|
3
|
5
|
2
|
2
|
13
|
3
|
5
|
3
|
2
|
14
|
3
|
6
|
3
|
2
|
15
|
3
|
6
|
3
|
3
|
16
|
3
|
7
|
3
|
3
|
17
|
4
|
7
|
3
|
3
|
18
|
4
|
7
|
4
|
3
|
19
|
4
|
8
|
4
|
3
|
20
|
4
|
8
|
4
|
4
|
21
|
4
|
9
|
4
|
4
|
22
|
5
|
9
|
4
|
4
|
23
|
5
|
9
|
5
|
4
|
24
|
5
|
10
|
5
|
4
|
25
|
5
|
10
|
5
|
5
|
26
|
5
|
11
|
5
|
5
|
27
|
6
|
11
|
5
|
5
|
28
|
6
|
11
|
6
|
5
|
29
|
6
|
12
|
6
|
5
|
30
|
6
|
12
|
6
|
6
|
31
|
6
|
13
|
6
|
6
|
32
|
7
|
13
|
6
|
6
|
33
|
7
|
13
|
7
|
6
|
34
|
7
|
14
|
7
|
6
|
35
|
7
|
14
|
7
|
7
|
36
|
7
|
15
|
7
|
7
|
37
|
8
|
15
|
7
|
7
|
38
|
8
|
15
|
8
|
7
|
39
|
8
|
16
|
8
|
7
|
40
|
8
|
16
|
8
|
8
|
41
|
8
|
17
|
8
|
8
|
42
|
9
|
17
|
8
|
8
|
43
|
9
|
17
|
9
|
8
|
44
|
9
|
18
|
9
|
8
|
45
|
9
|
18
|
9
|
9
|
Any excess in any grade may be
used to make up the proportion prescribed for any lower grade.
(c) The classification table in subclause
(b) of this clause shall be implemented in accordance with the following
translation:
Grade 5
(AJA 4) - A Grade
Grade 3
(AJA 2) - B Grade
Grade 2
(AJA 1b) - C Grade
Grade 1
(AJA 1a) - D Grade
(d) For the purposes of this subclause and
clause 9, Cadet Journalists, and clause 10, Cadet Press Photographers, an
employer may direct an employee to carry out such duties as are within the
limits of the employee's skill, competence and training.
9. Cadet Journalists
(a) A cadet journalist for the purpose of
this award means an employee who is constantly or regularly in training for
journalism or who substantially does the work of one in training for journalism
or who has not had three years' experience in journalism.
(b) Experience in journalism of a cadet
shall be regarded as continuous notwithstanding that he/she may have been
employed on more than one newspaper.
(c) Except with the consent of the union,
which consent shall not be unreasonably withheld, not more than one cadet shall
be employed to every four members of the classified staff.
(d) The minimum weekly rates of payment to
cadets are the rates prescribed in subclause (c) of Part B, Minimum Weekly
Rates of Pay.
(e) (i) The
period of cadetship shall not exceed three years from the date on which the
cadet commences to perform journalistic work, provided that cadet training
requirements are met.
(ii) For a cadet who commences his/her
cadetship as a graduate of an approved tertiary course at a university, the
period of cadetship shall not exceed one year during which time the cadet shall
be paid as prescribed in subclause (c)(ii) of the said clause 4.
(f) (i) A
cadet shall not be entitled to be paid as a second year cadet until a minimum
standard of 60 words per minute in shorthand has been attained. If a cadet attains a minimum standard of 60
words per minute shorthand in the second year of employment, the period beyond
12 months taken to achieve the said minimum shall correspondingly reduce the
second year of cadetship.
(ii) A cadet shall not be entitled to be
classified and paid as a third year cadet until a minimum standard of 80 words
per minute shorthand has been attained.
If a cadet attains a minimum standard in the third year of employment,
the period beyond 24 months taken to achieve the said minimum shall
correspondingly reduce the third year of cadetship.
(iii) A cadet shall not be entitled to be
classified and paid as a graded journalist until a minimum standard of 120
words per minute in shorthand has been attained.
(iv) An employer in a particular case may
waive the attainment of such standards as a condition of promotion to the next
higher year of cadetship or to the graded staff, as the case may be.
(g) A cadet journalist shall be fully and
thoroughly taught and instructed by the employer in the profession of
journalism in accordance with the following syllabus:
(i) Cadets shall be instructed
progressively throughout their cadetship in practical journalism and a
responsible person shall supervise such training.
(ii) A person entering upon his/her cadetship
shall be made familiar with the activities of the various departments so that
he/she may have a full knowledge of the handling of news from its collection to
its publication, learn shorthand and typewriting and be examined from time to
time to determine the progress being made.
(h) Cadet journalists shall be given wide
practical experience in reporting work and not be restricted to one class of
work unless they are being trained in specific branches of journalism.
(i) Cadets from time to time shall
accompany classified journalists on assignments to receive practical
instruction.
(j) A cadet shall be permitted by his/her
employer to absent himself/herself during ordinary working hours for periods
not exceeding a total of four hours in any week to attend shorthand and
typewriting classes, lectures, examinations which apply to any specialised
branch of journalism approved by the employer and the union and/or in subjects
prescribed for the course of the Diploma in Journalism granted by an Australian
university or other approved course.
(k) All lecture fees and textbooks necessary
for the course prescribed in subclause (j) shall be made available by the
employer.
(l) NOTE: see also subclause (d) of clause 8,
Classification of Employees.
10. Cadet Press Photographers
(a) A cadet press photographer means an
employee who is constantly or regularly in training for newspaper work or who
substantially does the work of one in training for newspaper work as a press
photographer and who has not had three years' experience in any such work.
(b) Periods of such training on any
newspaper shall be taken into account in calculating the period of experience
specified in subclause (a) of this clause.
(c) The period of cadetship shall not exceed
three years. In exceptional
circumstances the employer may, with the consent of the union, which consent
shall not unreasonably be withheld, continue to employ, at the rate prescribed
for a third year cadet, any cadet who has completed three years of
cadetship. The period or periods for
which such an arrangement is to operate shall be determined by the union. If the cadet's services are terminated by
the employer without lawful cause during such period or periods, he/she shall
be paid the difference between the rate for a third year cadet and the lowest
relative rate of pay prescribed in the agreement referred to in Part B, Minimum
Weekly Rates of Pay, from the time of completion of his/her third year of
cadetship to the date of such termination.
If the cadet voluntarily leaves his/her employment during or after such
period or periods no extra payment shall be made.
(d) Except with the consent of the union,
which consent shall not unreasonably be withheld, the proportion of cadet press
photographers to press photographers shall not be more than the following:
When 1 or
2 are employed - 1 cadet.
When 3 or
4 are employed - 2 cadets.
When 5 or
6 are employed - 3 cadets.
(e) The minimum
weekly rates of payment to cadets are prescribed in subclause (c) of the said
Part B.
(f) A cadet shall be fully and thoroughly
taught and instructed by the employer in photographic journalism in accordance
with the following syllabus:
(i) Cadets shall be instructed
progressively throughout their cadetship in their work and a responsible person
shall supervise such training.
(ii) A person entering upon his/her cadetship
shall be made familiar with the handling and publication of pictures.
(iii) Cadets may be required to attend lectures
by senior journalists and/or other authorities on the theory and practice of
journalism to the extent that such lectures will give them an appreciation of
news values, including the use of photographs in newspaper production.
(iv) Cadets shall be given wide practical
experience and instruction in press photography and shall not be restricted to
one class of work unless they are being trained in a special branch of press
photography.
(v) Cadets from time to time shall accompany
senior photographers on assignments to receive practical instruction.
(g) NOTE: see also subclause (d) of clause 8,
Classification of Employees.
11. Hours of Employment
Part A - Hours of Employment -
(a) In this
clause, unless the contrary appears, the word "day" means a period of
24 hours.
(b) Subject to subclause (c), the ordinary
hours of duty shall be an average of 38 per week to be worked on one of the
following bases:
(i) by employees working 38 ordinary hours
on five days per week; or
(ii) by employees working the following
ordinary hours over 19 days in a 20-day work cycle:
40 ordinary hours
in each of three weeks and 32 ordinary hours in one week in the 20-day work
cycle; or
(iii) by employees working the following
ordinary hours over nine days in a ten- day work cycle:
42
ordinary hours in one week and 34 ordinary hours in one week in the ten-day
work cycle; or
(iv) by employees working 38 hours on four
days in each five-day work cycle.
(c) (i) The
method by which the 38-hour week, as provided for in subclause (b) of this
clause, is to be worked shall be determined on a section by section or a unit
by unit basis in each employer's establishment by agreement between the
employer and the majority of employees affected in the section or unit.
(ii) For the purposes of the introduction of
a 38-hour week, as provided for in subclause (b) of this clause and paragraph
(i) of this subclause, employees and their employer shall determine which are
the sections or units within the employer's enterprise.
(d) The ordinary weekly hours of duty
specified in subclause (b) of this clause shall be worked so that each employee
shall be given two days off duty each week, except:
(i) in the weeks in which a public holiday
occurs an additional day off duty shall be given for each such public holiday
(in accordance with clause 13, Public Holidays) and the days on which the
ordinary hours of work determined as provided for in subclause (b) of this
clause for such a week can be worked will be reduced by one for each such
public holiday; and
(ii) when the 38-hour week is implemented in
respect of any employee in the manner specified in paragraphs (b)(ii), (iii) or
(iv) of this clause, the number of days off duty which such employee is given
shall be increased as necessary to give effect to the paragraph applicable to
such employee.
(e) (i) In
this subclause the words "day off duty" mean any day off which an
employee is given under subclause (d) of this clause.
(ii) Each employee shall be notified of days
off duty by the posting of rosters at least seven days before the beginning of
the work cycle in which such days off duty are to be granted. Such notification can be included in the
roster provided for in Part B of this clause.
(iii) In respect of a day off duty, an employer
may depart from the roster referred to in paragraph (ii) of this subclause in
case of an emergency or a shortage of staff through sickness or other cause,
which cannot be reasonably foreseen.
In the case of
such a departure, the employer shall give the employee as much notice of such
departure as possible and shall, within the same or the next succeeding week,
grant to such employee days off duty in lieu of those days off duty cancelled.
(iv) In respect of a day off duty referred to
in paragraph (d)(ii) of this clause, the employees of a section or a unit may
agree with their employer to accrue up to a maximum of three days off.
(v) Where an employee is given a day off
duty, that day shall commence at the expiration of eight hours from the time
the employee ceased duty.
(f) In the event that employees and their
employer do not reach agreement on any aspect of subclauses (b), (c), paragraph
(ii) of subclause (d), or paragraph (iv) of subclause (e), the matter shall be
referred to the Industrial Relations Commission of New South Wales ("the
Commission") for determination.
(g) Where agreement is reached on the method
of implementing the 38-hour week in accordance with paragraphs (b)(ii), (iii)
or (iv) of this clause, either the union or the employer may have the terms of
such agreement recorded in writing, signed, dated and submitted to the
Commission.
(h) Where an employee who is entitled to a
day or days off under subclause (d) of this clause is not given such days off,
the employee shall (subject to paragraph (iv) of subclause (e) of this clause)
be paid for such day or days in accordance with subclause (f) of clause 12,
Overtime.
(i) (a) An
employee shall not be compelled to work more than five hours without a break of
not less than 20 minutes.
(b) Where an employee is permitted a break
of one hour off duty for a meal, the employer shall be entitled to deduct one
hour from the total time worked in accordance with paragraph (c) hereof. If the break permitted is less than one
hour, no time shall be deducted in any one day, except in the circumstance that
where the employee requests in writing and the employer agrees the lunch break
may be a half hour, in which case the employer may deduct half an hour from the
total.
(c) An employee's hours of duty shall count
continuously from the time of entering upon duty, as defined in paragraph (d)
hereof, until the time the employee signs off at the completion of the work of
the day.
(d) "Entering upon duty" means:
(A) arrival at the office for the first time
in the day to begin duty; or
(B) beginning of the first engagement,
provided that a reasonable time shall be allowed to cover the period required
to reach the engagement from home.
NOTATION: Methods of
working the 38-hour week as a four-day week, nine-day fortnight or nineteen-day
month shall comply with the requirements of the Full Bench of the Australian
Industrial Relations Commission decision in Matters C Nos. 33717 and 33869 of
1988, namely, that such methods can operate without detriment to the quality of
the product, with negligible cost impact and no disputation.
Part B - Rosters of Ordinary Hours of Employment -
(a) The starting and finishing times of the
ordinary daily hours of work of an employee will be rostered fourteen days in
advance on a section by section basis unless the employer and a majority of
employees in that section agree that a roster is not feasible. Such agreement shall contain provisions for
the means of determining overtime and shall be in writing.
(b) Ordinary
hours of duty will be rostered in shifts of not less than four and not more
than eleven hours.
(c) Due to unforeseen circumstances,
rostered ordinary hours of duty of an employee may be changed by the employer
up to the conclusion of the previous shift worked by the employee or, where the
employee is off duty, not less than twelve hours before the next rostered shift
of ordinary hours for the employee is due to begin, or later in an emergency.
12. Overtime
(a) (i) Any
amount paid to an employee in excess of the minimum award rate of pay for the
employee's grade shall not be regarded as a set-off against overtime worked.
(ii) The hourly rate for overtime purposes
shall be calculated by dividing the minimum award rate of pay for the
employee's grade by 38.
(b) All overtime payments due to an employee
shall be made within eighteen days of the end of the week or fortnight, as the
case may be, in which the overtime was worked.
(c) "Daily overtime" represents
all time worked outside an employee's rostered hours of duty, except for time
worked on a rostered day off.
(d) Daily
overtime shall be compensated for in the following manner:
(i) Up to and including the first hour of
overtime shall either be given off as time in lieu at the rate of time and a
half within the following fortnight or paid for at the rate of time and a half
at the discretion of the employer.
(ii) Overtime in excess of one hour shall be
paid for at the rate of time and a half for the first two hours and double time
thereafter.
(iii) An employee may, by mutual agreement with
his or her employer, opt to take time off in lieu at the rate of single time
within the next twelve months. Such
agreement shall be recorded in writing.
(e) Any time allowed off duty in lieu of
overtime shall be deemed to be ordinary rostered hours for the day or days on
which the time off in lieu is taken.
(f) An employee entitled to be paid for a
day or days off under subclause (h) of clause 11, Hours of Employment, shall be
paid at the rate of double time for all time worked on any such day or days,
with a minimum payment of 4 hours, except when any such day is a public holiday
as defined in subclause (a) of clause 13, Public Holidays, when the provisions
of subclause (b) or (c) of the said clause 13 shall apply.
(g) "Insufficient break"
represents all time worked before the expiration of ten hours from completion
of the duty on one day and the resumption of duty and shall be compensated as
follows:
(i) If the break is less than eight hours,
overtime shall be paid at the rate of double time for all work done before the
expiration of a ten-hour break.
(ii) If the break is eight hours or more,
overtime shall be paid at the rate of time and a half for all work done before
the expiration of the ten-hour break.
(iii) Time worked during any period of
insufficient break shall not be included in the calculation of weekly hours.
(h) In no circumstances shall overtime
involved in any of the foregoing subclauses be compensated for more than once.
(i) (a) The
provisions of this subclause shall apply where the employment of an employee
who is owed overtime is terminated.
(b) Where the employment of an employee is
terminated as provided for in the award or by agreement between the employee
and his or her employer, the employee shall be either paid for the overtime
owed at the rate for overtime or, if practical and agreed between the employee
and his or her employer, the overtime shall be allowed off as time in lieu as
provided for in the award.
13. Public Holidays
(a) New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight-Hour
Day, Christmas Day, Boxing Day and any day gazetted in substitution for any
such day or as an additional public holiday for the whole of the State of New
South Wales shall be public holidays for the purpose of this clause.
(b) Subject to subclause (c), employees
should be allowed off all public holidays specified in subclause (a) of this
clause without deduction from their pay, provided that all employees, including
casuals, may be required to work on any such day and shall be paid double time
and one-half for all time so worked with a minimum payment for 4 hours' work.
(c) An employee may, by agreement with the
employer, work on a public holiday (as specified in subclause (a)) at
ordinary-time rates, provided that the employee will be given a day off in lieu
of the public holiday. The day off in
lieu may be taken separately at a mutually convenient time or added to annual
leave.
14. Accommodation
The employer shall provide and maintain adequate
accommodation for the reasonable convenience and comfort of employees and make
all reasonable provisions for enabling them to carry out their duties
efficiently.
15. Holiday Leave and Leave
Loading
(a) See Annual Holidays Act 1944.
(b) Notwithstanding the provisions of the
said Act, when the annual holidays are fixed to begin on Monday and the
employee has worked on the preceding Sunday the holidays shall date from the
Tuesday.
(c) (i) All
journalists, press photographers and cadets shall be paid a loading of 17½ per
cent on the rates of payment prescribed in Part B, Minimum Weekly Rates of Pay,
and 6, Casuals, for the period of holiday leave prescribed by this clause.
(ii) Where the employment of an employee
ceases either because the employee is terminated by his/her employer for a
cause other than misconduct or the employee resigns, and at the time of
termination the employee has not been given and has not taken the whole of the
annual leave to which the employee is entitled (i.e., annual leave that is
fully accrued and is due), he/she shall be paid a loading calculated according
to paragraph (i) of this subclause for such leave; otherwise no loading is
payable on the termination of the employment of the employees.
(d) When an employee works in excess of one
hour's overtime on the day immediately preceding that on which his or her
annual leave is fixed to begin, the employee shall receive an extra day's
annual leave.
16. Expenses
(a) All employees regularly employed on
salaries and casuals shall be paid reasonable out-of-pocket expenses.
(b) If an employee's duty compels him/her to
take more than one meal away from home, any meal or meals in excess of one
shall, unless otherwise paid for or reimbursed by the employer, be paid for by
the employer at the rate as set out in Item 2 of Table 2 of Part B for each
such meal.
(c) If the employee is not permanently
engaged on night work and is engaged to such an hour that the ordinary means of
transport are not available he/she shall be allowed the expenses necessary for
him/her to be conveyed to his/her home.
(d) If an employee agrees to use his/her
motor vehicle in the course of his/her employment, he/she shall be paid an
allowance as set out in Item 3 of Table 2 per kilometre for each kilometre
travelled while so using his/her vehicle.
An employee seeking payment under this clause shall make the claim in
writing to his/her employer.
17A. Sick and Incapacity Pay
(a) Employees other than casual employees
shall, subject to the production of a medical certificate or other evidence
satisfactory to the employer, be entitled to five days' sick leave during the
first year of service on full pay and eight days for each subsequent year.
(b) An employee shall, wherever practicable,
within 24 hours of the commencement of absence due to illness or injury, inform
the employer of his/her inability to attend for duty and, as far as
practicable, state the nature of the illness or injury and estimated duration
of the absence.
(c) The payment for any absence on sick
leave in accordance with this clause during the first three months of
employment of an employee may be withheld by the employer until the employee
completes such three months of employment, at which time the payment shall be
made.
(d) An employee shall not be entitled to
sick leave on full pay for any period in respect of which such employee is
entitled to workers' compensation.
(e) If the full period of sick leave is not
taken in any year the whole of any untaken portion shall be cumulative from
year to year, provided that an employer shall not be bound to credit an
employee for sick leave which accrued more than twelve years before the end of
the last completed year of service.
Sick leave credited to an employee under subclause (f) of this clause
shall be deemed to be an untaken portion of sick leave in the year 1982 and
shall be cumulative according to the provisions of this subclause.
(f) For the purpose of determining the
continuing sick leave entitlement of members, each employee shall have been
credited as at 1 January 1982 with sick leave entitlements as follows:
(i) The employer of each employee shall
calculate for each employee the amount of sick leave to which the employee
would have been entitled if subclauses (a) and (e) of this clause had applied
for the period that the employee had been employed by the employer at 1 January
1982.
(ii) There shall be deducted from the amount
of sick leave calculated under paragraph (i) of this subclause the amount of
paid sick leave taken by that employee in the period of employment referred to
in the said paragraph (i).
(iii) The amount of sick leave calculated under
paragraph (ii) shall be the amount of untaken sick leave to be credited to each
employee pursuant to this subclause.
(g) An employer shall not terminate the
employment of an employee whilst that employee is on paid sick leave as
prescribed by this clause, provided that this provision shall not preclude the
giving of prior notice of such termination during the paid sick leave period.
(h) (a) Subject
to subclause (i), any employee who is hospitalised whilst on annual leave, or
any employee who whilst on annual leave suffers from any illness or incapacity
which is of such a kind that the employee would not be able to perform their
normal duties if they were at work, shall be entitled to substitute annual
leave.
(b) Such substitute leave may be added to
annual leave or taken at some other mutually convenient time. Further, such leave shall be paid for at the
rate of pay ordinarily applicable to sick leave.
(i) An employee will only be entitled to
substitute annual leave pursuant to subclause (h) if the following conditions
are satisfied, namely:
(A) the hospitalisation or period of illness
or incapacity lasts for at least 2 days of the employee's period of annual
leave; and
(B) the employee has sufficient full paid
sick leave available; and
(C) a medical certificate from a fully
qualified medical practitioner in respect of the whole of the period of
hospitalisation, illness or incapacity is produced to the employer upon
returning from annual leave.
(j) If an employee is injured as a result
of engaging in a particular form of recreation, hobby or exercise and takes
sick leave or substitute annual leave in respect of that injury, an employer
may notify the employee in writing that if the employee further indulges in
that particular form of recreation, hobby or exercise, that no liability in the
case of injury arising therefrom shall attach to the employer and thereafter
the employee shall not be entitled to sick leave or substitute annual leave in
respect of any injury arising out of that particular form of recreation, hobby
or exercise.
A general notification by circular
or otherwise shall not constitute sufficient notification for the purposes of
this subclause.
17B. State Personal/Carer's
Leave Case - August 1996
(1) Use of Sick
Leave
(a) An employee, other than a casual
employee, with responsibilities in relation to a class of person set out in
subparagraph (ii) of paragraph (c), who needs the employee's care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for in clause 17A, Sick and Incapacity
Pay, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee being responsible for the
care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
1. "relative" means a person
related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household" means a family
group living in the same domestic dwelling.
(d) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subparagraph (ii) of
paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee may elect with the consent
of the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
(b) Access to annual leave, as prescribed in
paragraph (a) of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
(c) An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the purpose only of providing care
and support for a person in accordance with subclause (1) of this clause, and
despite the provisions of clause 13, Overtime the following provisions shall
apply.
(b) 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.
(c) 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.
(d) 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.
(e) Where no election is made in accordance
with the said paragraph (a), the employee shall be paid overtime rates in
accordance with the award.
(5) Make-up Time
(a) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off ordinary hours, and works those hours at a later time, during
the spread of ordinary hours provided in the award, at the ordinary rate of
pay.
(b) An employee on shift work may elect,
with the consent of the employer, to work "make-up time" (under which
the employee takes time off ordinary hours and works those hours at a later
time), at the shift work rate which would have been applicable to the hours
taken off.
(6) Rostered
Days Off
(a) An employee may elect, with the consent
of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent
of the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the
employer informing each union which is both party to the award and which has
members employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
17C. Bereavement Leave
(i) An employee, other than a casual
employee, shall be entitled to up to two days bereavement leave without
deduction of pay, on each occasion of the death of a person as prescribed in
subclause (iii) of this clause.
(ii) 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.
(iii) 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 subparagraph (ii) of paragraph (c) of
subclause (1) of clause 17B, State Personal/Carer’s Leave Case - August 1996,
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(iv) An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
(v) Bereavement leave may be taken in conjunction
with other leave available under subclauses (2), (3), (4), (5) and (6) of the
said clause 17B. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
18. Names to be Furnished
(a) Each
employer shall keep a book in which the following entries shall be kept
separate and up to date:
(i) The names of each journalist and press
photographer and the grade in which he/she is classified.
(ii) Names of the holders of the positions
exempted from classification.
(iii) The name of each cadet, the date of
commencement of employment with the employer and the year of his/her cadetship.
(iv) The name of each person employed on
casual work.
(b) The book shall be available for
inspection during office hours by the Secretary of the union or by any officer
authorised by the executive of the union.
(c) A copy of each entry shall, on written
request, be furnished in writing by the employer to the Secretary of the union.
19. Files for Reference
(a) The employer shall file in his/her
office, for one month after the issue, copies of each edition of the newspaper
or newspapers published by him/her.
(b) Such files
shall be available for reference during office hours.
20. Termination of Services
After twenty-six weeks of employment during which period one
week's notice shall suffice, the employment of an employee, other than a
casual, shall not, without lawful cause, be terminated by either party unless
the following periods of notice of such termination shall have been given or,
in the case of termination by an employer, payment made in lieu thereof:
Grade 7 (AJA 6)
|
eight weeks
|
Grade 5 (AJA 4)
|
six weeks
|
Grade 3 (AJA 2)
|
four weeks
|
Grade 2 (AJA 1b)
|
|
Grade 1 (AJA 1a)
|
two weeks
|
Cadet
|
|
21. Long Service Leave
See Long Service Leave
Act 1955.
22. Time Book
Time books in a form agreed upon between each employer and
the union shall be made available in each office of each employer where
employees to whom this award applies are employed.
23. Literary Work, Press
Photographers
No press photographer or cadet press photographers shall do
literary work beyond that necessary for the provision of information for
captions.
24. Technological Change
(a) Operation - Journalists shall use visual
display terminals designed for journalists' use, including use of all editorial
commands and editorial formats.
(b) Training -
(i) Training in the use of VDTs will be
given in the course of normal working hours before a journalist is required to
actually use such equipment during normal production.
(ii) Training time on visual display
terminals shall be one day for reporters and five days for sub-editors, unless
otherwise agreed between the trainer and the trainees.
(c) Eye Tests
for Journalists Using VDTs -
(i) The Company will arrange for each staff
member required to operate a visual display terminal to receive a full eye
examination by an ophthalmologist nominated by the employer and at the
Company's expense.
(ii) Results of the test will be available
both to the employer and the employee.
(iii) A follow-up examination will be arranged
by the Company at the request of the employee six months after the employee
first uses VDTs in production and thereafter at a minimum of every two years if
required by the employee.
(iv) Where the ophthalmologist prescribes
spectacles or lens change specifically for visual display terminal operation,
the Company will pay the cost of the lens and up to the amount as set out in
Item 4 of Table 2 of Part B on the cost of the frames.
(v) Where the employee receives a health
fund or other benefit towards the cost of spectacles, the Company will pay the
difference between the cost of the spectacles and the benefit, with a maximum
amount on the frames as set out in Item 4 of Table 2 of Part B.
(vi) The amount referred to in paragraph (iv)
above shall be adjusted every six months in line with movements in the Consumer
Price Index.
(d) Rest Breaks - Journalists and cadet
journalists shall not work continuously on visual display terminals without
taking adequate breaks. For the purpose
of this provision, "adequate breaks" shall be as agreed between the
union and the Company.
25. Clothing, etc., Press
Photographers
The employer shall keep each press photographer and cadet
supplied with a waterproof apron or, if mutually agreed to, other suitable
protection in satisfactory condition, for use in the darkroom. A reasonable supply of clean towels shall be
made available for use in the darkroom.
26. Award Modernisation
(a) The parties are committed to modernising
the terms of the award so that it provides for more flexible working
arrangements, improves the efficiency and productivity of the industry,
enhances skills and job satisfaction and assists positively in the restructuring
process.
(b) Each of the parties is prepared to
discuss any matter raised by any other party in accordance with the award
modernisation provisions of the agreement.
Agreements may be on a house basis between an employer and union
members. Any discussions with the union
and/or its members represented by union house committees must be premised on
the understanding that:
(i) Where the matter may involve a
variation or contested interpretation of the award, the Branch Secretary or his
or her nominee shall be involved in discussions.
(ii) In any other matter, discussions will be
conducted with authorised representatives of union members employed by the
employer. This may involve branch
officials of the union at the option of the union or the employer.
(iii) Where any agreement is reached, the
majority of members affected must agree.
(iv) The union must be a party to the
agreement and will not unreasonably oppose any agreement.
(v) Where any agreement involves a variation
of the award, the parties will make a consent application to the Industrial
Commission to have the agreement ratified.
The terms of any agreement so ratified shall substitute for the
provisions of the award to the extent that they deal with the same matter. Such variation will not take effect until
approved by the Commission.
(vi) The disputes settling procedure in clause
29, Disputes Settling Procedure, will apply if agreement cannot be reached on a
particular issue.
(vii) The procedures of this clause will not be
used to negotiate wages or conditions less favourable than those provided by
this award.
27. Trade Union Training Leave
(a) The amount of paid leave available to be
taken each year as leave to attend a trade union training course conducted by
the Trade Union Training Authority or any training school sponsored by the ACTU
or a State branch of the ACTU shall be:
(i) in the case of an employer who employs
less than twenty journalists, including photographers, two days per year;
(ii) in the case of an employer who employs
twenty or more journalists, including photographers, five days per year,
to be shared between one or more
journalists nominated by the union subject to the following conditions.
(b) Applications for such leave shall be
referred to the employer at least 14 days before the commencement of the course
and shall be accompanied by a statement from the union advising that it has
nominated the employee concerned and providing details of the times, dates,
content and venue of the course.
(c) Leave shall only be granted where the
employer is satisfied that the scope, content and level of the course is of
such a nature as to be calculated to assist in reducing labour disputes and in
advancing industrial relations in the industry.
(d) Leave
pursuant to this clause shall count as service for all purposes.
(e) The employer shall only be required to
grant leave when the employee concerned can be released for the period of the
course without affecting the normal operation of the employer concerned. The employer will not unreasonably refuse to
grant such leave.
(f) For the purpose of this clause
"year" shall mean the period from 1 January to 31 December,
commencing from 1 January 1990.
28. Use of Technology
(a) Employees shall, when required by their
employer, use all available functions of computer equipment to perform any
work, which can be performed by persons within the scope of the constitution of
the union.
Such work will include but will
not be limited to:
(i) computer assisted editorial layout and
all other computer assisted editorial functions;
(ii) computer assisted art work;
(iii) digital photography, including
preparation, reception, enhancement, editing and transmission;
(iv) use of personal computers capable of
operating software designed for editorial use.
(b) An employer shall consult with the union
and those employees affected in advance of the introduction of any change in
technology which will have a significant effect on the work of employees.
(c) Employers
have a duty to discuss change. In
particular:
(i) An employer shall discuss with the
employees affected and the union the introduction of the changes referred to in
subclause (b), the effects the changes are likely to have on employees and the
training or retraining measures to avert or mitigate the adverse effects of
such changes on employees and shall give prompt consideration to matters raised
by the employees 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 subclause (b).
(iii) For the purposes of such discussions, an
employer shall provide in writing to the union 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 be inimical to the employer's
interests.
(iv) Where any such change in technology
involves members performing work ("the new work") not within the
scope of the allowance prescribed by paragraph (iii) of subclause (a) of Part
B, Minimum Weekly Rates of Pay, or the allowance prescribed in subclause (b),
Complex Area Make-up Allowance, of the said Part B, the parties shall discuss
within the context of the Wage Fixing Principles the question of the rate of
pay for such work and until either an agreement (ratified by the Commission) is
reached on the question of the rate of pay for the new work or the Commission
has determined the rate of pay for the new work by arbitration, no employee
shall be required to perform the new work.
29. Disputes Settling Procedure
Statement of Principle:
(a) It is the intention of this
understanding to facilitate a consultative procedure that will assist in
preventing and/or limiting disputes, which are likely to cause work stoppages
or other industrial action. It is agreed
that every endeavour will be made to settle any disputes, which arise, by
direct negotiation and consultation.
(b) Matters affecting employment of members
shall be subject to consultation which will ensure that all affected parties
are promptly and fully informed about the issue.
(c) While
procedures outlined in this understanding are being followed, normal work shall
continue.
(d) No party shall be prejudiced as to the
final settlement by continuation of normal work as a prerequisite for the
operation of these procedures.
(e) Procedures for the settlement of
disputes, claims and grievances are to follow the steps set out below. All issues raised by the union officials
shall start at Step 3. Every attempt
will be made to resolve issues quickly and at the lowest possible level. If the matter is not resolved at that first
step, such subsequent steps are to be followed until resolution is achieved.
(1) The matter is to be discussed in the
first instance between the member(s) and his or her supervisor.
(2) If necessary, the matter is to be
discussed by the member(s) concerned, the Company and a union house committee
representative.
(3) If the matter has not been resolved, the
problem or complaint shall be referred to the Company and a duly accredited
union official. The official shall then
arrange to discuss the matter with the members involved and the Company.
(4) If there is still no resolution, the
matter may be submitted to the Commission.
30. Leave Reserved
Leave is reserved as follows:
(i) To
Cumberland Newspapers Pty Ltd in regard to the exemption from the award of
editors.
(ii) To the
union in regard to allowances prescribed in this award.
PART B
MONETARY RATES
(a) Minimum
Weekly Rates of Pay
(i) The minimum weekly award rate of
payment to employees shall be as set out in Table 1 - Rates of Pay, of Part B,
Monetary Rates.
(ii) The minimum weekly award rate of pay
prescribed in paragraph (i) above is the sum of the minimum weekly
classification rate of pay assigned to the employee's grade and the amount of
the supplementary payment assigned to the employee's grade in subclause (a) of
clause 4, Supplementary Payments.
(iii) A journalist required to use a visual
display terminal in the creation or editing of editorial material in production
shall be paid an allowance of 6 per cent in addition to the minimum weekly
award rate of pay prescribed in paragraph (i) above. This allowance shall be regarded as part of he employee's salary
for all other purposes of the award.
(iv) A journalist entitled to the allowance
referred to in paragraph (iii) above shall not cease to be paid the allowance
if assigned to duties not requiring visual display terminal work, provided that
this provision shall not apply where a newspaper ceases using visual display
terminals editorially or in a particular editorial function.
(v) "Visual display terminal" shall include any
portable visual display terminal.
(b) Complex Area
Make-up Allowance
(i) An allowance as set out in Item 1 of
Table2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid
on a weekly basis to regular sub-editors who have qualified in and are required
to use complex area make-up procedures in production.
(ii) For the purposes of paragraph (i) above,
a sub-editor is a journalist required to work the equivalent of a full shift of
7½ hours in any week as a sub-editor.
(iii) Casual employees shall be paid the
allowance prescribed in paragraph (i) above if they perform sub-editorial
duties for the equivalent of a full shift of 7½ hours in any week.
(iv) The allowance prescribed in paragraph (i)
above will not be part of an employee's salary for any purpose of the award.
(v) The allowance prescribed in paragraph
(i) above shall cease to be paid once the employee is no longer a sub-editor.
(vi) Complex area make-up means activating
computer programmes which cause headings, text, picture captions and editorial
display devices such as rules and borders of news items or feature articles to
be typeset in a single operation in the relative positions described for them
in an editorial layout. It does not
mean activating standard programmes which control the typesetting of material,
especially tabular material.
(c) Cadet
Journalists and Photographers
(i) The minimum weekly rates of pay for
cadet journalists other than graduate cadets shall be the following percentages
of the rate prescribed in subclause (a) of this clause for a Grade 2(AJA 1b)
Journalist.
Year of Cadetship
|
Percentage of Grade 2(AJA 1b) Rate
|
First
|
60
|
Second
|
75
|
Third
|
80
|
(ii) The minimum weekly rates of pay for
graduate cadets in their first year of cadetship shall be the rate prescribed
for a third year cadet in paragraph (i) of this subclause.
(iii) The weekly rates of pay for cadets prescribed above shall be
calculated as follows:
Amounts up to and including 2
cents shall be disregarded.
Amounts of 3 cents and less than 7
cents count as 5 cents.
Amounts of 7 cents and over shall
count as 1 cents.
(d) Payment of the wages prescribed by this
clause or clause 6, Casuals, may be made by cash, cheque or electronic funds
transfer at the election of the employer.
(e) Casuals
The minimum weekly rates of pay:
(i) 12½ per cent of the appropriate Grade 3
(AJA 2) or Grade 5 (AJA 4) rate of pay prescribed in subclause (a) of Part B,
Minimum Weekly Rates of Pay, for a half day engagement of three and
three-quarter hours;
(ii) 20 per cent of the appropriate Grade 3
(AJA 2) or Grade 5 (AJA 4) rate of pay prescribed in the said subclause (a) for
a full day engagement of seven and a half hours;-
(iii) an hourly rate determined by dividing the
appropriate Grade 3 (AJA 2) or Grade 5 (AJA 4) rate of pay prescribed in the
said subclause (a) by 38.
(iv) Classification of a casual employee shall be determined by the
employer.
(f) Subject to paragraph (iii) of subclause
(a) of this clause, if a casual is engaged for a half day engagement and the
casual works for more than three and three-quarter hours and less than seven
and one-half , the casual shall be paid for the full day.
(g) Time worked
in excess of seven and one-half hours on any day shall be paid as follows:
(i) for the first three hours at the rate of time and one-half;
(ii) thereafter at the rate of double time.
Table 1 - Rates of Pay
CLASSIFICATION
|
PREVIOUS
MINIMUM WEEKLY RATES OF PAY
$
|
ASNA
June 2000
$
|
MINIMUM
WEEKLY RATES
OF PAY
$
|
1. (AJA 1a)
|
465.40
|
15.00
|
480.40
|
2. (AJA 1b)
|
519.25
|
15.00
|
534.25
|
3. (AJA 2)
|
571.10
|
15.00
|
586.10
|
4. (AJA 3)
|
TBD
|
15.00
|
TBD
|
5. (AJA 4)
|
656.05
|
15.00
|
671.05
|
6. (AJA 5)
|
TBD
|
15.00
|
TBD
|
7. (AJA 6)
|
770.05
|
15.00
|
785.05
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
1
|
Part B(b)(i)
|
Complex area make-up procedures
|
23.10 per week
|
2
|
16(b)
|
Meal allowance
|
9.60 per meal
|
3
|
16(d)
|
Travel allowance
|
0.69 per km
|
4
|
24(c)(iv) and (v)
|
Spectacle allowance for frames
|
80.00
|
B. W. O'NEILL, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.