DRAUGHTSMEN, PLANNERS, TECHNICAL OFFICERS, &C. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 1146, 4612 and 5355 of 1999)
Before Mr Deputy
President Sams
|
19 and 24 April 2001
|
REVIEWED AWARD
PART A ‑ APPLICATION AND OPERATION OF AWARD
1.1 AWARD TITLE
This award is entitled the Draughtsmen, Planners, Technical
Officers, & c. (State) Award.
1.2 ARRANGEMENT
This award is arranged as follows:
PART 1 ‑ Application and operation of award
Clause No. Subject
Matter
1.1 AWARD TITLE
1.2 ARRANGEMENT
1.3 ANTI‑DISCRIMINATION
1.4 DEFINITIONS
1.5 APPLICATION
OF THE AWARD
1.6 AREA,
INCIDENCE AND DURATION
PART 2 ‑ ENTERPRISE FLEXIBILITY
2.1 ENTERPRISE
FLEXIBILITY
2.2 FACILITATIVE
PROVISIONS
PART 3 ‑ CONSULTATION AND DISPUTE RESOLUTION
3.1 CONSULTATIVE
MECHANISM AND PROCEDURES
3.2 DISPUTE
RESOLUTION PROCEDURE
PART 4 ‑ EMPLOYMENT RELATIONSHIP
4.1 EMPLOYER AND
EMPLOYEE DUTIES
4.2 EMPLOYMENT
CATEGORIES
4.2.1 Probationary
Employment
4.2.2 Full Time
Employment
4.2.3 Casual
Employment
4.2.4 Part‑time
Employment
4.2.5 Employment
For Specific Period of Time or For a Specific Task or Tasks
4.2.6 Apprentices
4.2.7 Trainees
4.2.8 Junior
Tracers
4.3 TERMINATION
OF EMPLOYMENT
4.3.1 Notice of
Termination by Employer
4.3.2 Notice of
Termination by Employee
4.3.3 Summary
Dismissal
4.3.4 Time Off
During Notice Period
4.3.5 Certificate
of Service
4.4 REDUNDANCY
4.4.1 Application
4.4.2 Introduction
of Change
4.4.2.1 Employer’s
duty to notify
4.4.2.2 Employer’s
duty to discuss change
4.4.3 Redundancy
4.4.3.1 Discussions
before terminations
4.4.4 Termination
of Employment
4.4.4.1 Notice for
Changes in Production, Programme, Organisation or Structure
4.4.4.2 Notice for
Technological Change
4.4.4.3 Time off
During the Notice Period
4.4.4.4 Employee
Leaving During the Notice Period
4.4.4.5 Statement of
Employment
4.4.4.6 Employment
Separation Certificate
4.4.4.7 Transfer to
Lower Paid Duties
4.4.5 Severance Pay
4.4.5.1 Amounts
4.4.5.2 Incapacity to
Pay
4.4.5.3 Alternative
Employment
4.5 ABSENCE FROM
DUTY
4.6 STANDING
DOWN EMPLOYEES
4.7 ABANDONMENT
OF EMPLOYMENT
4.8 PAY SLIPS
AND EMPLOYER RECORDS
4.9 RIGHT OF
ENTRY
4.10 AWARD TO BE
POSTED
4.11 NOTICE BOARDS
4.12 NOTIFICATION
OF CLASSIFICATION
PART 5 ‑ RATES OF PAY AND RELATED MATTERS
5.1 CLASSIFICATIONS
AND RATES OF PAY
5.1.1 Rates of Pay
for Adult Employees
5.1.2 Classification
Definitions
5.1.3 Procedure for
Classifying Employees
5.1.4 Lower and
Higher Grade Duty
5.2 TRAINING
5.3 APPRENTICE
RATES OF PAY
5.4 TRACERS
JUNIOR RATES OF PAY
5.5 TRAINEE
RATES OF PAY
5.6 SUPPORTED
WAGE SYSTEM FOR PEOPLE WITH DISABILITIES
5.7 ALLOWANCES
AND SPECIAL RATES
5.7.1 Allowances
5.7.2 Application
of Technical Computing Allowance
5.7.3 Checking work
allowance
5.7.4 Trainer/Supervisor/Coordinator
- Technical
5.8 EXTRA RATES
NOT CUMULATIVE
5.9 PAYMENT OF
WAGES
5.9.1 Period of
Payment
5.9.2 Method of
Payment
5.9.3 Payment of
Wages on Termination of Employment
5.9.4 Day off
Coinciding With Pay Day
5.9.5 Wages to be
Paid During Working Hours
5.9.6 Absences from
Duty Under an Averaging System
5.10 SHIP TRIALS
PART 6 ‑ HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND
OVERTIME
6.1 ORDINARY
HOURS OF WORK
6.1.1 Ordinary
Hours of Work ‑ Day Workers
6.1.2 Ordinary
Hours of Work ‑ Continuous Shiftworkers
6.1.3 Ordinary
Hours of Work ‑ Non‑continuous Shiftworkers
6.1.4 Methods of
Arranging Ordinary Working Hours
6.1.5 Daylight
Saving
6.2 SPECIAL
PROVISIONS FOR SHIFTWORKERS
6.2.1 Definitions
6.2.2 Afternoon and
Night Shift Allowances
6.2.3 Rate for
Working on Saturday Shifts
6.2.4 Rate for
Working on Sunday and Public Holiday Shifts
6.3 MEAL BREAKS
6.4 MORNING AND
AFTERNOON TEA
6.5 OVERTIME
6.5.1 Payment for
Working Overtime
6.5.2 Requirement
to Work Reasonable Overtime
6.5.3 One in, All
in Does Not Apply
6.5.4 Rest Period
after Overtime
6.5.5 Call Back
6.5.6 Standing By
6.5.7 Saturday Work
6.5.8 Sunday Work
6.5.9 Public
Holiday Work
6.5.10 Rest Break
6.5.11 Meal Allowance
6.5.12 Transport of
Employees
PART 7 ‑ TYPES OF LEAVE AND PUBLIC HOLIDAYS
7.1 ANNUAL LEAVE
7.1.1 Period of
Leave
7.1.2 Public
Holidays Falling in a Period of Leave
7.1.3 Leave to be
Taken
7.1.4 Proportionate Leave on Termination
7.1.5 Annual Close
Down
7.1.6 Annual Leave
Loading
7.2 LONG SERVICE
LEAVE
7.3 SICK LEAVE
7.3.1 Amount of
paid sick leave
7.3.2 Single Day
Absences
7.3.3 Accumulation
of Sick leave
7.3.4 Attendance at
Hospital, etc.
7.3.5 Year of
Service
7.3.6 Broken
Service
7.4 PERSONAL/CARERS
LEAVE
7.4.1 Use of Sick
leave
7.4.2 Unpaid leave
for Family Purpose
7.4.3 Use of Annual
Leave
7.4.4 Use of Time
off in Lieu of Payment for Overtime
7.4.5 Use of
Make-up Time
7.4.6 Use of
Rostered Days Off
7.4.7 Bereavement
Leave
7.5 JURY SERVICE
7.6 PARENTAL
LEAVE
7.7 PUBLIC
HOLIDAYS
7.7.1 Prescribed
Holidays
7.7.2 Payment for
Time Worked on a Public Holidays
7.7.3 Effect on
Payment for Holidays if Absent on Working Day Before or After
7.7.4 Rostered Day
Off Falling on Public Holiday
7.7.5 Public
Holidays Falling Within a Period of Annual Leave
PART 8 - MISCELLANEOUS
8.1 CLOTHING AND
EQUIPMENT
8.2 LOCKERS
SCHEDULES
SCHEDULE A CLASSIFICATION
DEFINITIONS
SCHEDULE B COMPARARITIVE
SCHEDULE
SCHEDULE C INDUSTRIES
AND CALLINGS
1.3 Anti‑Discrimination
1.3.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
1.3.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
1.3.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
1.3.4 Nothing in this
clause is to be taken to affect:
1.3.4.1any conduct or act which is specifically exempted from
anti-discrimination legislation;
1.3.4.2 offering or providing junior rates of pay to
persons under 21 years of age;
1.3.4.3 any act or practice of a body established to
propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
1.3.4.4 a party to this award from pursuing matters
of unlawful discrimination in any State or federal jurisdiction.
1.3.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
L.4 DEFINITIONS
1.4.1 "Engineering
Streams" are the three broad engineering streams recognised within the
classification definitions set out in Schedule A, namely:
Electrical/electronic; fabrication; and mechanical. Additionally, there are
five vocational fields (as defined). Entry to training in any engineering
stream is not conditional on union membership. The streams are defined as:
1.4.1 (a) "Electrical/electronic stream"
includes the design, assembly, manufacture, installation, modification,
testing, fault finding, commissioning, maintenance and service of all
electrical and electronic devices systems, equipment and controls, eg,
electrical wiring, motors, generators, PLC's and other electronic controls,
instruments, refrigeration, telecommunications, radio and television,
communication and information processing.
1.4.1 (b) "Mechanical stream" includes
the design, assembly, manufacture, installation, modification, testing, fault
finding, commissioning, maintenance and service of all mechanical equipment,
machinery, fluid power systems, automotive mechanics, instruments,
refrigeration, and the use of related computer controlled equipment, eg,
Computer Numeric Controlled machine tools.
1.4.1 (c) "Fabrication stream" includes
fabrication, forging, carpentry, plumbing, founding, structural steel erection,
electroplating, metal spinning, metal polishing, sheet metal work and the use
of related computer controlled equipment. This includes fabrication in all
metals, plastics, carbon fibre, composite materials, ceramics and other
materials.
1.4.2 "Vocational
Fields" are the five vocational fields recognised within the
classification structure of this Award, namely: trade; technical;
engineering/production; supervisor/trainer/coordinator; and professional. The
fields are defined as:
1.4.2 (a) "Trade" includes an employee
who possesses as a minimum qualification a trade certificate in any of the
engineering streams on the higher engineering trade (as defined).
1.4.2 (b) "Technical Field" includes:
(i) Production
planning, including scheduling, work study, and estimating materials, handling
systems and like work.
(ii) Technical
including inspection, quality control, supplier evaluation, laboratory, non‑
destructive testing, technical purchasing, and design and development work
(prototypes, models, specifications) in both product and process areas and like
work.
(iii) Design and
draughting and like work.
1.4.2 (c) "Engineering/Production Field"
includes employees primarily engaged in production work including production,
distribution, stores and warehousing, but does not require a qualification in
the trade, technical, professional or supervisory fields.
1.4.2 (d) "Supervisor/Trainer/Coordinator
Field" includes employees who are:
(i) Responsible
for the work of other employees and/or provision of on‑the‑job
training including coordination and/or technical guidance; or
(ii) Responsible
for supervision and/or training of other supervisors or trainers; or
(iii) Responsible
primarily for the exercise of technical skills, as defined, up to the level of
their skill and competence and who are additionally involved in the
supervision/training of other employees.
1.4.2 (e) "Professional Field" includes
an employee who possesses an academic qualification which enables that employee
to become a graduate member of the Institute of Engineers, Australia or an
academic qualification in science set out in the Academic Schedule appearing in
the Metal, Engineering and Associated Industries, 1998 Part IV ‑
Professional Scientists.
1.5 Application Of
Award
1.5.1 Draughtsmen and
Tracers
(a) This award
applies to -
(i) persons
employed primarily as draughtsmen or draughtswomen and who are occupied for the
substantial part of the time as draughtsmen or draughtswomen;
(ii) Persons
employed for the substantial part of their time as tracers;
(b) This award
does not apply to -
(i) articled
students in architecture or surveying and student engineers employed by
professional consulting engineers;
(ii) persons who,
for a term not exceeding two years, are employed in a drawing office as part of
a course of training in a profession other than draughting or for an executive
or administrative appointment;
(iii) persons
employed within the County of Yancowinna.
1.5.2
This award applies to -
Persons employed as technical officers, technical
assistants, and planners of engineering production, construction or maintenance
work and trainees and cadets in any of the aforementioned occupations in the
State excluding the County of Yancowinna.
1.6 Area, Incidence
And Duration
This award has been reviewed pursuant to s.19 of the Industrial Relations Act 1996. The variations to this reviewed award shall
take effect from the first pay period commencing on or after 19 April 2001.
This award consolidates and replaces the Draughtsmen,
Planners, Technical Officers, & c. (State) Award published 16 April 1992
(268 I.G. 1119); Draughtsmen, Planners, Technical Officers Family Leave
Provisions (State) Award published 8 March 1996 (291 I.G. 57); and the
Draughtsmen, Planners, Technical Officers, &c., Redundancy (State) Award
published 31 March, 1995 (284 I.G. 1053), and all variations thereof.
It shall apply to all persons of the classes herein
mentioned in the State excluding the County of Yancowinna.
This award shall apply to the Industries and Callings under
the jurisdiction of the Draughtsmen, Planners, Technical Officers (State)
Industrial Committee
Excepting employees of:
Division A ‑ Draughtsmen and Tracers
Excepting ‑
Employees of the Crown as defined in section 5 of Industrial Arbitration Act 1940;
Persons employed by the Electrolytic Refining and Smelting
Company of Australia Proprietary Limited, the Metal Manufactures Limited, the
Australian Fertilizers Limited, and the Austral Standard Cables Proprietary
Limited, in and about the works of the said companies at Port Kembla; and
Employees in and about metalliferous and limestone mines, in
or in connection with mining for minerals, other than coal and shale, in or
about diamond and gem‑bearing mines, mining dredges, ore sluicing
processes, ore smelting, refining, treatment and reduction works;
And excepting also persons employed by ‑
The Australian Gas Light Company;
The North Shore Gas Company Limited;
Newcastle Gas Company Limited;
The Council of the City of Sydney;
The Sydney County Council;
St George County Council;
The Clarence River County Council;
The Council of the City of Newcastle;
Shire and Municipal Councils;
The Electricity Commission of New South Wales;
Electric Light and Power Supply Corporation Limited;
The Hunter District Water Board;
The Metropolitan Water, Sewerage and Drainage Board;
State Rail Authority of New South Wales;
The Commissioner for Motor Transport;
The Maritime Services Board of New South Wales;
The Commissioner for Main of Roads; Newcastle;
The Water Resources Commission;
And persons coming within the jurisdiction of the following
Industrial Committees ‑
Sugar Workers (Colonial Sugar Refining Company Limited,
Pyrmont);
Steel Works Employees (Broken Hill Proprietary Company
Limited);
Iron and Steel Works Employees (Australia Iron & Steel
Proprietary Limited);
John Lysaght (Australia) Pty Limited, Newcastle;
Tubemakers of Australia Limited, Newcastle;
Australian Wire Industries Pty Limited ‑ Sydney
Wiremill;
John Lysaght (Australia) Pty Ltd ‑ Port Kembla;
Australian Wire Industries Pty Ltd ‑ Newcastle Ropery;
Cement Workers, &c. (State);
Special Steels and Steel Products Manufacture (Commonwealth
Steel Company Limited);
Tubemakers of Australia Limited, Yennora;
Australian Wire Industries Pty Ltd ‑ Newcastle
Wiremill;
And excepting ‑
Employees within the jurisdiction of the County Councils
(Electricity Undertakings) Employees Industrial Committee, the Shortland County
Council Industrial Committee, the Commonwealth Steel Company Limited,
Unanderra, Industrial Committee, the University Employees, &c. (State)
Industrial Committee, the Smelting and Fertilizer Manufacturing (Sulphide
Corporation Pty Limited and Greenleaf Fertilizers Limited) Industrial
Committees; Googong Dam Project Industrial Committee.
Division B ‑ Production Planners and Technical
Officers Excepting ‑
Employees of the Crown;
And excepting also persons employed by ‑
Public Transport Commission of New South Wales;
The Electricity Commission of New South Wales;
The Commissioner for Motor Transport;
The Metropolitan Water Sewerage and Drainage Board;
The Hunter District Water Board;
The Commissioner for Main Roads;
The Maritime Services Board of New South Wales;
The Water Resources Commission;
South Maitland Railways Pty Limited;
The United Dental Hospital of Sydney;
And excepting also ‑
Persons employed in the coal mining industry;
Persons employed by municipal, shire and country councils;
An excepting also employees within the jurisdiction of the
following Industrial Committees, namely ‑
Iron and Steel Works Employees (Australian Iron & Steel
Proprietary Limited);
Australian Wire Industries Pty Ltd, Newcastle Ropery;
Steel Works Employees (Broken Hill Proprietary Company
Limited);
Special Steels and Steel Products Manufacture (Commonwealth
Steel Company Limited);
Commonwealth Steel Company Limited, Unanderra;
John Lysaght (Australia) Pty Ltd, Newcastle;
John Lysaght (Australia) Pty Ltd, Port Kembla;
Australian Wire Industries Pty Ltd ‑ Sydney Wiremill;
Australian Wire Industries Pty Ltd ‑ Newcastle
Wiremill;
Cement Workers, &c. (State);
Tubemakers of Australia Limited, Yennora;
Tubemakers of Australia Limited, Newcastle;
Quarries (Australian Iron and Steel Pty Limited);
Quarries, &c. (Broken Hill Proprietary Company Limited);
Engineers, &c. (State);
Metalliferous Miners, &c., General (State);
Metalliferous Miners, &c. (State) No. 2;
Scientific Officers, Chemists and Chemical Colonial Sugar
Refining Co. Limited (Concord Works);
Sugar Workers (Colonial Sugar Refining Company Limited,
Pyrmont);
Engineers (State);
University Employees, &c. (State);
Smelting, &c. (Electrolytic R.& S. Company,
&c.);
Smelting (Sulphide Corporation Limited);
Australian Gas Light Company (Salaried Division);
North Shore Gas Company Limited (Salaried Division);
Newcastle Gas Company Limited (Salaried Division);
Australian Gas Light Company (Wages Division);
North Shore Gas Company Limited (Wages Division);
Googong Dam Scheme.
Exemptions
Exclusion - Unilever Australia Limited (Unifoods Division) -
Employees of Unilever Australia Limited, Unifoods Division, Concord, employed
on the Concord site shall be excluded from the terms and conditions of this
award so long as they are employees under the terms and conditions of the
Industrial Agreement registered pursuant to section 11 of the Industrial Arbitration Act 1940, or any
agreement replacing it.
PART 2 ‑ ENTERPRISE FLEXIBILITY
Summary
These clauses provide for how the award may be varied in
order to meet the particular needs of an enterprise.
2.1 Enterprise
Flexibility
Where an employer or employees wish to pursue an agreement
at the enterprise or workplace about how the award should be varied so as to
make the enterprise or workplace operate more efficiently according to its
particular needs, the following process shall apply:
2.1.1 A consultative
mechanism and procedures appropriate to the size, structure and needs of the
enterprise or workplace shall be established.
2.1.2 For the purpose
of the consultative process the employees may nominate the Union or Unions
bound by this award, or other representative, to represent them.
2.1.3 Where agreement
is reached an application shall be made to the Commission.
2.2 Facilitative
Provisions
2.2.1 Agreement to
vary award provisions
2.2.1 (a) This award contains facilitative
provisions which allow agreement between an employer and employees on how
specific award provisions are to apply at the workplace or section or sections
of it. The facilitative provisions are identified in 2.2.2, 2.2.3 and 2.2.4.
2.2.1 (b) The specific award provisions establish
both the standard award condition and the framework within which agreement can
be reached as to how the particular provisions should be applied in practice.
Facilitative provisions are not to be used as a device to avoid award
obligations nor should they result in unfairness to an employee or employees
covered by this award.
2.2.2 Facilitation by
individual agreement
2.2.2 (a) The following facilitative provisions
can be utilised upon agreement between employer and an employee provided that
the agreement complies with clause 2.2.2(b), (c)(i) and (ii):
4.2.4(b)(iii) Variation
to hours Part‑time Employment
6.3.5 Meal Break
2.2.2 (b) The agreement reached must be recorded
in the time and wage record kept by the employer in accordance with Division 2
of Part 3 of the Industrial Relations (General) Regulation 1996.
2.2.2 (c) (i) If
an employee is a member of a union bound by the award, the employee may be
represented by the union in meeting and conferring with the employer about the
implementation of the facilitative provisions.
(ii) The union
must be given a reasonable opportunity to participate in negotiations regarding
the proposed implementation of a facilitative provision. Union involvement does
not mean that the consent of the union is required prior to the introduction of
agreed facilitative arrangements.
2.2.3 Facilitation
by majority or individual agreement
2.2.3 (a) Subject to paragraphs (b) and (c) of
this subclause, the following facilitative provisions can be utilised upon
agreement between the employer and the majority of employees in the workplace
or a section or sections of it OR, the employer and an individual employee.
5.9.1(b) Payment
of Wages
6.1.1(b) Ordinary
hours of Work for Day Workers on Weekends
6.1.1(c) Variation
to Spread of Hours for Day Workers
6.1.4(a)&(b) Methods
of Arranging Ordinary Working Hours
6.2.1 Shift
Definitions
6.3.1(b) Working
in Excess of Five Hours without a Meal Break
7.7.1(d) Substitution
of Public Holidays
2.2.3 (b) Majority Agreement
Where agreement has been reached with the majority of
employees in the workplace or a section or sections of it to implement a
facilitative provision in 2.2.3(a), the employer may not implement that
agreement unless:
(i) it complies
with 2.2.2(b), 2.2.2(c) and where specified 2.2.5; and
(ii) agreement
has been reached with each individual employee to be covered by the
facilitative provision.
2.2.3 (c) Individual Agreement
Where no agreement has been sought by the employer with the
majority of employees in accordance with 2.2.3(b), the employer may seek to
reach agreement with individual employees in the workplace, and such agreement
will be binding on individual employees provided it complies with 2.2.2(b) and
(c) and provided that the agreement is only with an individual employee or a
number of individuals less than the majority in the workplace or a section or
sections of it.
2.2.4 Facilitation by
Majority Agreement
2.2.4 (a) The Following facilitative provisions
may only be utilised upon agreement between the employer and the majority of
employees in the workplace or a section or sections of it.
6.1.2(c) Ordinary
Hours of Work, Continuous Shift Workers
6.1.3(b) Ordinary
Hours of Work, Non‑continuous Shift Workers
6.1.4(c) 12
Hour Shifts
7.1.1 Period
of Annual Leave
7.1.5(vi)(b) Annual
Close Down
2.2.4 (b) Where agreement has been reached with
the majority of employees in the workplace, or a section or sections of it, to
implement a facilitative provision in 2.2.4(a), that agreement shall be binding
on all such employees, provided the requirements of 2.2.2(b), 2.2.2(c) and
where specified 2.2.5 have been met.
2.2.5 Additional
Safeguard
2.2.5 (a) An additional safeguard applies to:
5.9.1(b) Period
of Payment of Wages
6.1.2(c) Ordinary
Hours of Work, Continuous Shift Workers
6.1.3(b) Ordinary
Hours of Work, Non‑Continuous Shift Workers.
2.2.5 (b) The additional safeguard requires that
the unions which are party to the award and which have members employed at an
enterprise covered by the award shall be informed by the employer of the
intention to use the facilitative provision and shall be given a reasonable
opportunity to participate in the negotiations regarding its use. Union
involvement in this process does not mean that the consent of the union is
required prior to the introduction of agreed facilitative arrangements at the
enterprise.
2.2.6 Majority vote
at the initiation of the employer
A vote of employees in the workplace, or a section or
sections of it, taken in accordance with 2.2.3 or 2.2.4, to determine if there
is majority employee support for implementation of a facilitative provision,
will be of no effect, unless taken with the agreement of the employer.
2.2.7 Dispute over
facilitation
In the event that a dispute or difficulty arises over the
implementation or continued operation of a facilitative provision, the matter
will be handled in accordance with the dispute resolution procedure in clause
3.2
Part 3 ‑ Consultation And Dispute Resolution
3.1 Consultative
Mechanism And Procedures
3.1.1 At each
enterprise covered by this award the employer and employees and, if appropriate
an appropriate representative including a trade union bound by this award, may
establish a mechanism and procedures which enables them to communicate and
consult about matters arising out of this award, in particular clauses 2.1 and
2.2 which they agree would assist in achieving and maintaining co‑operative
workplace relations and mutually beneficial work practices.
3.1.2 The employer
shall permit a notice board to be erected in the plant, or each part of a
plant, to facilitate communication between employees and/or their union
representatives.
3.2 Dispute
Resolution Procedure
Summary
Each enterprise must establish a procedure to avoid or
resolve disputes.
3.2.1 A procedure for
the avoidance or resolution of disputes will apply in all enterprises covered
by this Award. The mechanism and procedures for resolving industrial disputes
will include, but not be limited to, the following:
3.2.1 (a) The employee/s concerned will first meet
and confer with their immediate supervisor. The employee/s may appoint another
person to act on their behalf including a shop steward or delegate of their
union.
Subject to 3.2.2 and 3.2.3 where the shop steward or
delegate is involved he/she shall be allowed the necessary time during working
hours to interview the employee(s) and the supervisor.
3.2.1 (b) If the matter is not resolved at such a
meeting the parties will arrange further discussions involving more senior
management as appropriate. The employee may invite a union official to be
involved in the discussions. The employer may also invite into the discussions
an officer of the employer organisation to which the employer belongs.
The shop steward or delegate shall be allowed at a place
designated by the employer, a reasonable period of time during working hours to
interview the duly accredited Union Officials of the Union to which they
belong.
3.2.1 (c) If the matter remains unresolved, the
employer may refer it to a more senior level of management or to a more senior
national officer within the employer organisation. The employee may invite a
more senior union official to be involved in the discussions. In the event
there is no agreement to refer the matter to a more senior level or it is
agreed that such a reference would not resolve the matter the parties shall
jointly or individually refer the matter to the Industrial Relations Commission
of New South Wales for assistance in resolving the matter.
3.2.2 In order to
facilitate the procedure in 3.2.1:
3.2.2 (a) The party with the grievance must notify
the other party at the earliest opportunity of the problem;
3.2.2 (b) Throughout all stages of the procedure
all relevant facts must be clearly identified and recorded;
3.2.2 (c) Sensible time limits must be allowed for
completion of the various stages of discussion. However, the parties must co‑operate
to ensure that the disputes resolution procedures are carried out as quickly as
possible.
3.2.3 While the
parties are attempting to resolve the matter the parties will continue to work
in accordance with this award and their contract of employment unless the
employee has a reasonable concern about an imminent risk to his or her health
and safety. Subject to relevant provisions of the Occupational Health and Safety Act 1983, even if the employee has a
reasonable concern about an imminent risk to his or her health or safety, the
employee must not unreasonably fail to comply with a direction by his or her
employer to perform other available work, whether at the same enterprise or
another enterprise, that is safe and appropriate for the employee to perform.
Part 4 ‑ Employment Relationship
4.1 Employer And
Employee Duties
Summary
An employee has certain obligations to carry out duties as
directed. Any direction by the employer must be consistent with a safe and
healthy work environment.
4.1.1 An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skills, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
de‑skilling.
4.1.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained in the use
of such tools and equipment.
4.1.3 Any direction
issued by an employer under this clause is to be consistent with the employer's
responsibilities to provide a safe and healthy working environment.
4.2 Employment
Categories
Summary
This clause describes the various categories of employment
under this award.
4.2.1 Probationary
Employment
4.2.1 (a) An employer may initially engage a full‑time
or part‑time employee for a period of probationary employment for the
purpose of determining the employee's suitability for ongoing employment. The
employee must be advised in advance that the employment is probationary and of
the duration of the probation which can be up to but not exceed three months.
4.2.1 (b) A probationary employee is for all
purposes of the award a full‑time or part‑time employee.
4.2.1 (c) Probationary employment forms part of an
employee's period of continuous service for all purposes of the award, except
where otherwise specified in this award.
4.2.2 Full‑time
Employment
Any employee not specifically engaged as being a part‑time
or casual employee is for all purposes of this award a full‑time
employee, unless otherwise specified in the award.
4.2.3 Casual
Employment
A casual employee is one engaged and paid as such. A casual employee for working ordinary time
shall be paid one thirty eighth of the weekly award wage prescribed herein for
the work which he or she performs, plus 15 per cent.
4.2.4 Part‑time
Employment
4.2.4 (a) An employee may be engaged to work on a
part‑time basis involving a regular pattern of hours which shall average
less than 38 hours per week
4.2.4 (b) (i) Before
commencing part‑time employment, the employee and employer must agree:
(1) upon the hours
to be worked by the employee, the days upon which they will be worked and the
commencing and finishing times for the work;
(2) upon the
classification applying to the work to be performed in accordance with Clause
5.1 of this award;
(ii) Except as
otherwise provided in this Award a part‑time employee is entitled to be
paid for the hours agreed upon in accordance which 4.2.4 (b)(i)(1).
(iii) The terms of
this agreement may be varied by consent.
(iv) The terms of
this agreement or any variation to it shall be in writing and retained by the
employer. A copy of the agreement and any variation to it shall be provided to
the employee by the employer.
4.2.4 (c) The terms of this award shall apply pro
rata to part‑time employees on the basis that ordinary weekly hours for
full‑time employees are 38.
4.2.4 (d) Overtime
A part‑time employee who is required by the employer
to work in excess of the hours agreed upon in accordance with 4.2.4(b) (i) and
(iii), shall be paid overtime in accordance with clause 6.5 of this award.
4.2.4 (e) Public Holidays
Where the part‑time employee's normal paid hours fall
on a public holiday prescribed in clause 7.7 and work is not performed by the
employee, such employee shall not lose pay for the day. Where the employee
works on the holiday, such employee shall be paid in accordance with Clause 7.7
of this award.
4.2.5 Employment for
a Specific Period of Time or a Specific Task or Tasks
4.2.5 (a) An employee may be engaged on a full
time or part time basis for a specific period of time or for specific task/s.
4.2.5 (b) The details of the specific period of
time or specific task/s shall be set out in writing and retained by the
employer. The employer shall provide a copy to the employee.
4.2.5 (c) An employee engaged in accordance with
4.2.5(a) is for all purposes of the award a full‑time or part‑time
employee, except where otherwise specified in this award.
4.2.5 (d) Service under a contract of employment
for a specific period of time or specific task/s shall form part of an
employee's period of continuous service, where such employee is engaged as a
full‑time or part‑time employee immediately following such contract
of employment.
4.2.6 Apprentices
4.2.6 (a) The terms of this award will apply to
apprentices (including adult apprentices, as defined) except where it is
otherwise stated or where special provisions are stated to apply. Apprentices
may be engaged in trades or occupations provided for in this clause where
declared or recognised by an Apprenticeship Authority.
4.2.6 (b) Apprenticeship Authority shall mean the
Commissioner of Vocational Training appointed under the Industrial and Commercial Training Act 1989, the Vocational
Training Board constituted under the Act or the Industrial Relation Commission
established by the Industrial Relations
Act 1996.
4.2.7 Trainees
The parties to this Award shall observe the terms of the
Metal Trades (Training Wage)(State) Award.
4.2.8 Junior tracers
The terms of this award apply to junior tracers except where
otherwise stated or where special provisions are stated to apply.
4.3 Termination Of
Employment
Summary
This clause describes certain rights and obligations of both
employer and employees in circumstances where employment is terminated.
4.3.1 Notice of
Termination by Employer
4.3.1 (a) In order to terminate the employment of
an employee the employer must give to the employee the following notice:
Period of Service Period
of Notice
1 year or less l
week
1 year and up to the
completion of 3 years 2
weeks
3 years and up to the
completion of 5 years 3
weeks
5 years and over 4
weeks
4.3.1 (b) In addition to the notice in 4.3.1(a)
employees over 45 years of age at the time of the giving of the notice with not
less than two years service, are entitled to an additional week's notice.
4.3.1 (c) Payment in lieu of the notice prescribed
in 4.3.1(a) and (b) must be made if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
4.3.1 (d) In calculating any payment in lieu of
notice, the wages an employee would have received in respect of the ordinary
time he or she would have worked during the period of notice, had their
employment not been terminated, must be used.
4.3.1 (e) The period of notice in this clause does
not apply in the case of dismissal for serious misconduct, or in the case of
casual employees, apprentices, or employees engaged for a specific period of
time or for a specific task or tasks.
4.3.1 (f) For the purposes of this clause,
service shall be calculated in the manner prescribed by subclause 7.3.5 ‑
Year of Service.
4.3.2 Notice of
Termination by Employee
The notice of termination required to be given by an
employee shall be the same as that required of an employer, except that there
is no additional notice based on the age of the employee concerned. If an
employee fails to give notice the employer has the right to withhold moneys due
to the employee to a maximum amount equal to the ordinary time rate of pay for
the period of notice.
4.3.3 Summary
Dismissal
The employer has the right to dismiss any employee without
notice for serious misconduct and in such cases any entitlements under this
award are to be paid up to the time of dismissal only.
4.3.4 Time off during
notice period
Where an employer has given notice to an employee, an
employee shall be allowed up to one day's time off without loss of pay for the
purpose of seeking other employment. The time off shall be taken at times that
are convenient to the employee after consultation with the employer.
4.3.5 Certificate of
Service
Upon termination of employment, the employer, when requested
by the employee, shall provide him with a certificate of service stating length
of service, duties performed and classification of office.
4.4 Redundancy
4.4.1 Application
4.4.1 (a) This clause shall only apply in respect
of full-time and part-time employees.
4.4.1 (b) This clause shall apply in respect of
employers who employ 15 employees or more immediately prior to the termination
of employment of employees.
4.4.1 (c) Notwithstanding anything contained
elsewhere in this clause, this clause shall not apply to employees with less
than one year's continuous service, and the general obligation on employers
shall be no more than to give such employees an indication of the impending
redundancy at the first reasonable opportunity, and to take such steps as may
be reasonable to facilitate the obtaining by the employees of suitable
alternative employment.
4.4.1 (d) Notwithstanding anything contained
elsewhere in this clause, this clause shall not apply where employment is
terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of time
or for a specified task or tasks or where employment is terminated due to the
ordinary and customary turnover of labour.
4.4.2 Introduction of
Change
4.4.2.1 Employer's duty
to notify
4.4.2.1 (a) Where an employer has made a definite
decision to introduce major changes in production, program, organisation,
structure or technology that are likely to have significant effects on
employees, the employer shall notify the employees who may be affected by the
proposed changes and the union to which they belong.
4.4.2.1 (b) "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
4.4.2.2 Employer's duty
to discuss change -
4.4.2.2 (a) The employer shall discuss with the
employees affected and the union to which they belong, inter alia, the
introduction of the changes referred to in 4.4.2.1, the effects the changes are
likely to have on employees and measures to avert or mitigate the adverse
effects of such changes on employees, and shall give prompt consideration to
matters raised by the employees and/or the union in relation to the changes.
4.4.2.2 (b) The discussions shall commence as early
as possible after a definite decision has been made by the employer to make the
changes referred to in 4.4.2.1.
4.4.2.2 (c) For the purpose of such discussions, the
employer shall provide to the employees concerned and the union to which they
belong all relevant information about the changes including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
4.4.3 Redundancy
4.4.3.1 Discussions
before terminations
4.4.3.1 (a) Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
done by anyone pursuant to 4.4.2.1(a), and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
4.4.3.1 (b) The discussions shall take place as soon
as is practicable after the employer has made a definite decision which will
invoke the provision of 4.4.3.1(a) and shall cover, inter alia, any reasons for
the proposed terminations, measures to avoid or minimise the terminations and
measures to mitigate any adverse effects of any termination of the employees
concerned.
4.4.3.1 (c) For the purposes of the discussion the
employer shall, as soon as practicable, provide to the employees concerned and
the union to which they belong, all relevant information about the proposed
terminations including the reasons for the proposed terminations, the number
and categories of employees likely to be affected, and the number of employees
normally employed and the period over which the terminations are likely to be
carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
4.4.4 Termination of
Employment
4.4.4.1 Notice for
Changes in Production, Programme, Organisation or Structure
4.4.4.1 (a) The notice provisions to be applied to
terminations by the employer for reasons arising from changes in production,
programme, organisation or structure shall be the same as that provided in 4.3
Termination of Employment
4.4.4.1 (b) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
4.4.4.2 Notice for
Technological Change
This subclause sets out the notice provisions to be applied
to terminations by the employer for reasons arising from "technology"
in accordance with 4.4.2.1(a).
4.4.4.2 (a) In order to terminate the employment of
an employee the employer shall give to the employee 3 months notice of
termination.
4.4.4.2 (b) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
4.4.4.2 (c) The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act,
1955, the Annual Holidays Act, 1944,
or any Act amending or replacing either of these Acts.
4.4.4.3 Time off during
the notice period
4.4.4.3 (a) During the period of notice of
termination given by the employer an employee shall be allowed up to one day's
time off without loss of pay during each week of notice, to a maximum of 5
weeks, for the purposes of seeking other employment.
4.4.4.3 (b) If the employee has been allowed paid
leave for more than one day during the notice period for the purpose of seeking
other employment, the employee shall, at the request of the employer, be
required to produce proof of attendance at an interview or the employee shall
not receive payment for the time absent.
4.4.4.4 Employee leaving
during the notice period
If the employment of an employee is terminated (other than
for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
4.4.4.5 Statement of employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
4.4.4.6 Employment
Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form provided by
Centrelink.
4.4.4.7 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties for
reasons set out in clause 4.4.2 of this award, the employee shall be entitled
to the same period of notice of transfer as the employee would have been
entitled to if the employee's employment had been terminated, and the employer
may at the employer's option make payment in lieu thereof of an amount equal to
the difference between the former ordinary time rate of pay and the new
ordinary time rates for the number of weeks of notice still owing.
4.4.5 Severance Pay
4.4.5.1 Amounts
Where an employee is to be terminated pursuant to subclause
4.4.4, the employer shall pay the following severance pay in respect of a
continuous period of service:
4.4.5.1 (a) If an employee is under 45 years of age,
the employer shall pay in accordance with the following scale:
Years of Service Under
45 Years of Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
4.4.5.1 (b) Where an employee is 45 years old or
over, the entitlement shall be in accordance with the following scale:
Years of Service 45
Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 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
4.4.5.1 (c) "Weeks pay" means the all
purpose rate of pay for the employee concerned at the date of termination, and
shall include, in addition to the ordinary rate of pay, over award payments,
shift penalties and allowances.
4.4.5.2 Incapacity to
pay
Subject to an application by the employer and further order
of the Industrial Relations Commission, an employer may pay a lesser amount (or
no amount) of severance pay than that contained in subclause 4.4.5.1 above.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Industrial Relations Commission
thinks relevant, and the probable effect paying the amount of severance pay in
subclause 4.4.5.1 above will have on the employer.
4.4.5.3 Alternative
Employment
Subject to an application by the employer and further order
of the Industrial Relations Commission, an employer may pay a lesser amount (or
no amount) of severance pay than that contained in subclause 4.4.5.1 above if
the employer obtains acceptable alternative employment for an employee.
4.5 Absence From Duty
Unless a provision of this award states otherwise (e.g. sick
leave), an employee not attending for duty will lose their pay for the actual
time of such non‑ attendance.
4.6 Standing Down
Employees
Summary
The employer has the right to stand down an employee without
pay in certain circumstances.
The employer has the right to deduct payment for any day the
employee cannot be usefully employed because of any strike or through any
breakdown in machinery or any stoppage of work by any cause for which the
employer cannot reasonably be held responsible. Provided that such standing
down shall not be deemed a break in the continuity of employment for the
purposes of any rights under this award.
4.7 Abandonment Of
Employment
Summary
This clause describes the circumstances which amount to
abandonment of employment by an employee.
The absence of an employee from work for a continuous period
exceeding three working days without the consent of the employer and without
notification to the employer shall be prima facie evidence that the employee
has abandoned their employment.
Provided that if within a period of 14 days from their last
attendance at work or the date of their last absence in respect of which
notification has been given or consent has been granted an employee has not
established to the satisfaction of the employer that they were absent for
reasonable cause, they shall be deemed to have abandoned their employment.
Termination of employment by abandonment in accordance with
this subclause shall operate as from the date of the last attendance at work or
the last day's absence in respect of which consent was granted, or the date of
the last absence in respect of which notification was given to the employer,
whichever is the later.
4.8 Pay Slips And
Employer Records
4.8.1 Pay Slips
Section 123 of the Industrial
Relations Act 1996 (NSW) (‘the Act’) requires that when an employer pays
remuneration to an employee, the employer must supply the employee with written
particulars regarding the payment. The
section enables an employer, with the approval of the Industrial Registrar, to
make different arrangements for the supply of information about remuneration.
NOTE: The written
particulars required by the Act, as set out in clause 6 of the Industrial
Relations (General) Regulation 1996, are subject to change from time to time
and are repeated here for convenience only.
"CLAUSE 6 Particulars
of remuneration to be supplied to employees
(1) For the
purposes of section 123 of the Act, the following written particulars are to be
supplied by the employer to an employee when remuneration is paid to the
employee:
(a) the name of
the employee,
(b) if the
remuneration of the employee is set by an industrial instrument the
classification of the employee under that instrument,
(c) the date on
which the payment was made,
(d) the period of
employment to which the payment relates,
(e) the gross
amount of remuneration (including overtime and other payments),
(f) the amount
paid as overtime or such information as will enable the employee to calculate
the amount paid as overtime,
(g) the amount
deducted for taxation purposes,
(h) the amount
deducted as employee contributions for superannuation purposes,
(i) the
particulars of all other deductions,
(j) the net
amount paid."
4.8.2 Employer
Records
Section 129 of the Industrial
Relations Act 1996 (NSW) (‘the Act’) requires that an employer must ensure
that certain records are kept in relation to employees of the employer.
NOTE: The records
required by the Act, as set out in Division 2 - Employers’ records, of Part 3
of the Industrial Relations (General) Regulation 1996, are subject to change
from time to time and are summarised here for convenience only.
"CLAUSE 8 Content
of records - General
The prescribed records relating to an employee must contain
the following particulars:
(a) the full name
of the employer,
(b) the full name
of the employee,
(c) if any
conditions of employment of the employee are set by an industrial instrument
the classification of the employee under that instrument,
(d) whether the
employee is employed full-time or part-time,
(e) whether the
employee is employed on a permanent, temporary or casual basis,
(f) if the
employee is an apprentice or trainee within the meaning of the Industrial and Commercial Training Act 1989
the date the person became such an apprentice or trainee,
(g) the date on
which the employee was first employed with the employer,
(h) if the
employee's employment is terminated the date of termination."
"CLAUSE 9 Content
of records - Remuneration And Hours Worked
9(1) [Particulars re
remuneration] The prescribed records
relating to an employee must contain the following particulars concerning the
remuneration paid and hours worked by the employee:
(a) if the
relevant industrial instrument prescribes the number of hours to be worked per
week, day or other period the number of hours worked by the employee during
each such period,
(b) if the
relevant industrial instrument limits the daily hours of work and provides for
the payment of daily overtime the number of hours worked by the employee during
each day and the times of starting and ceasing work,
(c) if the
relevant industrial instrument prescribes a weekly, daily, hourly or other
period rate of remuneration the rate of remuneration per week, day, hour or
other period at which the employee is paid,
(d) if the
relevant industrial instrument prescribes piece-work the number and description
of pieces made by the employee and the rate per piece at which the employee is
paid,
(e) the gross
amount of remuneration paid to the employee, showing the deductions made from
that remuneration,
(f) such other
particulars as are necessary to show that the requirements of the relevant
industrial instrument relating to remuneration paid and hours worked are being
complied with.
9(2) [Remuneration
defined] In this clause, remuneration
includes overtime and other payments.
CLAUSE 10 Content of
records - Leave
The prescribed records relating to an employee must contain
the following particulars about leave of any kind to which the employee is
entitled under the industrial relations legislation or an industrial
instrument:
(a) the leave
taken by the employee,
(b) the employee's
entitlement from time to time to that leave,
(c) accrual of
leave.
CLAUSE 11 Content of
records - Superannuation Contributions
11(1) [Particulars re
superannuation] The prescribed
records relating to an employee must contain the following particulars about
any superannuation contributions that the employer must make for the benefit of
the employee under an industrial instrument:
(a) the amount of
the contributions made,
(b) the period
over which the contributions are made,
(c) when the
contributions are made,
(d) the name of
the fund or funds to which the contributions were made,
(e) the basis on
which the employer became liable to make the contributions (including
particulars of any relevant election by the employee).
11(2) [Certain
particulars not required] The
particulars referred to in subclause (1)(a)-(c) are not required in the case of
contributions to a defined benefit superannuation fund within the meaning of
the Occupational Superannuation Standards Regulations of the Commonwealth.
CLAUSE 12 Manner and
form of keeping records
12(1) [Prescribed
records in English] The prescribed
records must be:
(a) in legible
form in the English language, or
(b) in
computerised or other form that is readily accessible and is convertible into a
legible form in the English language.
12(2) [Enabling
inspection] For the purposes
of enabling an inspector or other person to exercise any power conferred by the
Act to inspect any records kept in the form referred to in subclause (1)(b),
the relevant part of the records are to be converted into legible form in the
English language."
4.9 Right Of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act 1996 (NSW).
4.10 Award To Be
Posted
Section 361 of the Industrial
Relations Act 1996 (NSW) requires that an employer of employees whose
conditions of employment at any premises are affected by this award must cause
a copy of this award to be exhibited in a conspicuous place at those premises.
4.11 Notice Boards
4.11.1 Notice Board
The employer shall permit a notice board of reasonable
dimensions to be erected in a prominent position in his/her plant or in
separate buildings in each plant so that it will be reasonably accessible to
all his/her employees working under the award.
Accredited union representatives shall be permitted to put on the notice
board or boards, union notices, signed or countersigned by the representative
posting it. Any notice posted on such
board not so signed or countersigned may be removed by an accredited union
representative or by the employer.
4.12 Notification Of
Classification
(a) All employees
covered by this award shall be given written notification by their employer of
their classification and number of years' credited service within that
classification within:
(i) two weeks of
being engaged by their employer;
(ii) two weeks of
entering into a classification or a promotion coming within the scope of this
award: Provided that the automatic progression of an employee through the years
of experience as expressed in the one classification shall not be deemed as
coming within (ii), of this subclause.
(b) Further, a
notification given to an employee on entry into a classification coming within
the scope of this award shall positively identify the designation of the
employee together with his credited "Years of Experience".
Part 5 ‑Rates Of Pay And Related Matters
5.1 Classifications
And Rates Of Pay
5.1.1 Rates Of Pay
For Adult Employees
5.1.1 (a) Adult employees, other than those
specified in 5.1.1(b), shall be entitled to receive the award rate of pay for
the relevant classification as set out in the table in 5.1.1(c)
5.1.1 (b) The following adult employees are not
entitled to receive the award rate of pay set out in the table in 5.1.1(c):
Apprentices
Employees receiving a supported wage (refer to Clause 5.7);
Trainees (refer to Clause 5.5);
5.1.1 (c) Schedule of Rates of Pay
Wage Group
|
Base rate per week $
|
Suppl. payment per week $
|
SWC adjustments $
|
Weekly award rate $
|
Hourly rate $
|
Level C14
|
284.80
|
40.60
|
75.00
|
400.40
|
10.54
|
Level C13
|
299.50
|
42.60
|
75.00
|
417.10
|
10.98
|
Level C12
|
319.20
|
45.40
|
75.00
|
439.60
|
11.57
|
Level C11
|
337.40
|
48.10
|
75.00
|
460.50
|
12.12
|
Level C10
|
365.20
|
52.00
|
75.00
|
492.20
|
12.95
|
Level C9
|
383.50
|
54.60
|
75.00
|
513.10
|
13.50
|
Level C8
|
401.70
|
57.20
|
75.00
|
533.90
|
14.05
|
Level C7
|
420.00
|
59.80
|
73.00
|
552.80
|
14.55
|
Level C6
|
456.50
|
65.00
|
71.00
|
592.50
|
15.59
|
Level C5
|
474.80
|
67.60
|
71.00
|
613.40
|
16.14
|
Level C4
|
493.00
|
70.20
|
71.00
|
634.20
|
16.69
|
Level C3
|
529.50
|
75.40
|
71.00
|
675.90
|
17.79
|
Level C2(a)
|
547.80
|
78.00
|
71.00
|
696.80
|
18.34
|
Level C2(b)
|
584.30
|
83.20
|
69.00
|
736.50
|
19.38
|
Level C1(a)
|
657.40
|
93.60
|
69.00
|
820.00
|
21.58
|
Level C1(b)
|
766.90
|
109.20
|
69.00
|
945.10
|
24.87
|
5.1.1 (d) Trainer/Supervisor/Coordinator ‑
Technical
A Trainer/Supervisor/Coordinator ‑ Technical is an
employee who is responsible primarily for the exercise of skills in technical
fields as defined, up to the level of his/her skill and competence and who is
additionally involved in the supervision/training of other technical employees.
Such an employee shall receive not less than 107% of the rate of pay applicable
to the employee's technical classification.
5.1.1 (e) State Wage Case Adjustments
The rates of pay in this award include the adjustments
payable under State Wage Case 2000.
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.
5.1.1. (f) Phasing in of Wage Rates of Employees
without relevant Work Experience
An employee who possesses the appropriate level of academic
qualifications and who otherwise meets the requirements of the relevant
classification definition but who is without prior experience in the metal and
engineering industry or other relevant work experience shall be paid in
accordance with the following formula:
Qualification Years
of Relevant % of
Relevant Work
Experience Rate of Pay
Advanced Certificate 0 77% of C5
Rate
or National Diploma 1 1 85% of C5
Rate
2 96% of C5
Rate
3 100% of C5
Rate
Associate Diploma 0 72% of C3
Rate
or National Advanced 1 79% of C3
Rate
Diploma 2 89% of C3
Rate
3 93% of C3
Rate
4 100% of C3
Rate
5.1.1 (g) For the purposes of this clause, any
entitlement to wages expressed to be by the week shall mean any entitlement
which an employee would receive for performing 38 hours of work.
5.1.2 Classification
Definitions
The definitions of the classifications for each of the wage
levels referred to in 5.1.1(c) are set out in Schedule A.
5.1.3 Procedure For
Classifying Employees
5.1.3 (a) The procedures for reclassifying
employees under this award are set out in the National Metal and Engineering
Competency Standards Implementation Guide distributed by the Manufacturing,
Engineering and Related Services Industry Training Advisory Body.
5.1.3 (b) Without detracting from any of the
processes set out in 5.1.3(e), any disputes in relation to classification or
reclassification, including disputes relating to the terms of the National
Metal and Engineering Competency Standards Implementation Guide, shall be
handled in accordance with the Dispute Resolution Procedure in clause 3.2 of
this award.
5.1.3 (c) (i) It
shall be a term of the award that where there is agreement to implement the
standards at the enterprise, or in the event that the classification of an
employee is called into question, the issue shall be settled by the application
of competency standards in accordance with this clause and the National Metal
and Engineering Competency Standards Implementation Guide or by reference to
the minimum training requirement in the relevant classification definition,
except as provided in paragraphs (ii) (iii) and (iv) below.
(ii) Where the
employee has a relevant qualification recognised as a minimum training
requirement for the level at which the employee seeks to be classified and
he/she is exercising or will be required to exercise the skills and knowledge
gained from that qualification necessary for that level of work the employee
shall be classified appropriately. It is up to the employer to demonstrate
reasons for a qualification that is a recognised minimum training requirement
not being regarded as relevant for an employee's work. Any disputes which
cannot be resolved at the enterprise level over the application of this clause
in the first instance are to be referred to the prescribed in 5.1.3(e)(i) of
this award.
(iii) Where skill
standards have not been finalised in respect of any class of work, and this is
necessary for determining an employee's classification, employees performing
such work shall not be reclassified until such standards are available except
as provided for in paragraphs (ii) and (iv) of this subclause.
(iv) Where the
situation described in paragraph (iii) above applies, but not under any other
circumstances, an employee may be reclassified on the basis that the employee
meets the requirements of the classification definitions prescribed in Schedule
A of this Award.
(v) All employees
engaged under the award at the relevant classification levels shall be subject
to the metal and engineering competency standards.
5.1.3 (d) Other provisions to be followed where
competency standards are being implemented in an enterprise:
(i) Management
and employee representatives responsible for oversighting the implementation of
competency standards within enterprises shall be given access to briefing
and/or training courses on the standards prior to implementation.
(ii) Such
briefings/training courses on the metal and engineering competency standards
and Implementation Guide should be approved by the Manufacturing Engineering
and Related Services Industry Training Advisory Body (MERISTAB). These
briefings/training courses can be either a joint briefing delivered by the
parties or by one party with the approval of other relevant parties at the
enterprise or an approved course delivered by a MERSITAB recognised provider
with the approval of the relevant parties at the enterprise level. The above
does not exclude the delivery of additional training or advice by the parties
or the MERSITAB to enterprises.
5.1.3 (e) Facilitation of Implementation
(i) A Committee
to facilitate the implementation of standards, chaired by a an independent
agreed chairperson and consisting of the relevant employer and union parties to
the award shall meet as required to monitor the implementation of standards
until 30 June 2001. The Executive Officer of the Manufacturing, Engineering and
Related Services Industry Training Advisory Body shall also be a member of the
Committee. The need for the Committee shall be reviewed before 30 June 2001.
The Committee will be responsible for: monitoring implementation; dealing with
any major implementation problems including the application of points;
refinement of the standards in respect of their use within the award; any
variation to, or dispute over, the National Metal and Engineering Competency
Standards Implementation Guide in the light of experience during the
implementation process; and co-ordinating any further advice to enterprises.
In dealing with any major problems the Committee may:
• request
national officials of the relevant industry parties to meet immediately to
attempt to resolve the concerns;
• make
arrangements for an assessment and report by experts representing the relevant
industry parties. The Committee would then consider the report of the experts
and agree on a course of action to resolve the concerns;
• recommend
that implementation be suspended in an enterprise or enterprises whilst the
Committee deals with the issues of concern.
(ii) Where
necessary an application may be made to the Industrial Committee as set out in
subclause 5.1.3(g) for the purpose of resolving any disputes or difficulty or
likely dispute or difficulty in relation to the implementation of competency
standards either at the industry or enterprise level.
(iii) During the
period of operation of the Committee established under sub-paragraph
5.1.3(e)(i), if any problem arises in relation to implementation of the
standards at the enterprise level which cannot be resolved by the parties at
that level then it shall be referred to that Committee. If resolution is not achieved,
the matter will be referred to the Industrial Committee as set out in
subparagraph 5.1.3(e)(ii).
Notwithstanding the above, the rights of any party to pursue
whatever other course of action is available under the Industrial Relations Act 1996 remains available.
5.1.3 (f) Points
The points to be assigned to the classification levels under
the award shall be:
Award Classification Level
Recommended Points
C14 -
C13 -
C12 ... 32
C11 ... 64
C10 ... 96
C9 ... 12 additional
points above C10
C8 ... 24 additional
points above C10
C7 ... 36 additional
points above C10
C6 ... 48 additional
points above C10
C5 ... 60 additional
points above C10
C4 ... Standards and
points to be finalised
C3 ... Standards and
points to be finalised
C2a ... Standards and
points to be finalised
C2b ... Standards and
points to be finalised
C1a ... Standards and
points to be finalised
C1b ... Standards and
points to be finalised
and in accordance with Table 2 in the National Metal and
Engineering Competency Standards Implementation Guide.
5.1.3 (g) Industrial Committee - Competency
Standards Implementation
Notwithstanding the provisions of this clause, an
application may be made to the Industrial Committee for the purpose of
resolving any dispute or difficulty or likely dispute or difficulty in relation
to the implementation of competency standards either at the industry or
enterprise level.
5.1.4 Lower Grade and
Higher Grade Duty
5.1.4.1 An employee who
is called upon to perform work of a lower grade than that in which he/she is
normally engaged, shall suffer no reduction in salary on that account.
a) An employee
who is called upon to perform work of a higher grade that that in which he/she
is normally engaged shall be paid for the time so employed at the rate of the
first year of the grading of the employee whose duties he/she is performing.
5.2 Training
5.2.1 Following
proper consultation in accordance with clause 3.1, which may include the
establishment of a training committee, an employer shall develop a training
program consistent with:
the current and future skill needs of the enterprise;
the size, structure and nature of the operations of the
enterprise;
the need to develop vocational skills relevant to the
enterprise and the industry through courses conducted by accredited
institutions and providers.
5.2.2 Where it is
agreed that a training committee be established it shall include employer and
employee representatives. The role of the training committee shall be clearly
set out and shall include:
formulating a training program including available training
courses and career opportunities;
recommending individual employees for training and
reclassification; and
monitoring and advising management and employees regarding
the on‑going effectiveness of the training.
5.2.3 (a) Where as a result of the consultation
referred to at sub‑clause 5.2.1, including with the employee concerned,
it is agreed that additional training should be undertaken by an employee, that
training may be undertaken either on or off the job. If the training is
undertaken during ordinary working hours, the employee concerned shall not
suffer any loss of pay. The employer shall not unreasonably withhold such paid
training leave. This shall not prevent the employer and employee(s) agreeing to
paid leave for other relevant training.
(b) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the employer's technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such expenditure.
Provided that reimbursement may be on an annual basis subject to the
presentation of reports of satisfactory progress.
(c) Travel costs
incurred by an employee undertaking training in accordance with this subclause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
5.3 Apprentice Rates
Of Pay
5.3.1 The minimum
weekly wage for apprentices shall be based on the following. The minimum weekly
wage for apprentices before the commencement of this award was based on the
following percentages of the base rate plus state wage case adjustments for
Wage Group C10. At the commencement of
this award, the supplementary payment for Wage Group C10 of $52.00 will be
added to the said rate for the purposes of determining weekly wages for
apprentices. This addition will be phased in on the following basis:
(a) At the
commencement of this award:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
4‑year term
|
Percentage of
|
Base rate of C10
|
Total rate per
|
Hourly Rate $
|
apprenticeship
|
Column 3 %
|
plus SWC
|
week $
|
|
|
|
adjustments plus
|
|
|
|
|
$26.00 $
|
|
|
First year
|
42
|
466.20
|
195.80
|
5.15
|
Second year
|
55
|
466.20
|
256.40
|
6.75
|
Third year
|
75
|
466.20
|
349.65
|
9.20
|
Fourth year
|
88
|
466.20
|
410.25
|
10.80
|
(b) Six months
after the commencement of this award:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
4‑year term
|
Percentage of
|
Base rate of C10
|
Total rate per
|
Hourly Rate $
|
apprenticeship
|
Column 3 %
|
plus SWC
|
week $
|
|
|
|
adjustments plus
|
|
|
|
|
$39.00 $
|
|
|
First year
|
42
|
479.20
|
201.25
|
5.30
|
Second year
|
55
|
479.20
|
263.60
|
6.95
|
Third year
|
75
|
479.20
|
359.40
|
9.50
|
Fourth year
|
88
|
479.20
|
421.70
|
11.10
|
(c) Twelve months
after the commencement of this award and thereafter, apprentice weekly rates
will be based on the appropriate percentage of the total weekly rate for Wage
Group C10.
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
4‑year term
apprenticeship
|
Percentage of
Column 3 %
|
Base rate of C10
plus SWC adjustments plus $52.00 $
|
Total rate per
week $
|
Hourly Rate $
|
First year
|
42
|
492.20
|
206.70
|
5.45
|
Second year
|
55
|
492.20
|
270.70
|
7.10
|
Third year
|
75
|
492.20
|
369.15
|
9.70
|
Fourth year
|
88
|
492.20
|
433.15
|
11.40
|
5.3.2 See 5.1.1(d)
for the criteria regarding absorption of safety net adjustments.
5.3.3 An employee who
is under 21 years of age on the expiration of his or her apprenticeship and
thereafter works as a minor in the occupation to which he or she has been
apprenticed shall be paid at not less than the adult rate prescribed for the
classification.
5.4 Junior Tracer
Rates Of Pay
The minimum weekly wage for junior tracers shall be based on
the following. The minimum weekly wage for apprentices before the commencement
of this award was based on the following percentages of the base rate plus
state wage case adjustments for Wage Group C12. At the commencement of this award, the supplementary payment for
Wage Group C12 of $45.40 will be added to the said rate for the purposes of determining
weekly wages for junior tracers. This addition will be phased in on the
following basis:
5.4.1 (a) Junior Tracers
(i) The minimum
weekly wage rates for junior tracers at the commencement of this award shall
be:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3 %
|
Base rate of C12
plus SWC adjustments plus $22.70 $
|
Total rate per
week $
|
16 years of age and under
|
54
|
416.90
|
225.10
|
At 17 years of age
|
59
|
416.90
|
246.00
|
At 18 years of age
|
67
|
416.90
|
279.30
|
At 19 years of age
|
76
|
416.90
|
316.85
|
At 20 years of age
|
83
|
416.90
|
346.00
|
(ii) The minimum
weekly wage rates for junior tracers six months after the commencement of this
award shall be:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3 %
|
Base rate of C12
plus SWC adjustments plus $34.05 $
|
Total rate per
week $
|
16 years of age and under
|
54
|
428.25
|
231.25
|
At 17 years of age
|
59
|
428.25
|
252.65
|
At 18 years of age
|
67
|
428.25
|
289.90
|
At 19 years of age
|
76
|
428.25
|
325.45
|
At 20 years of age
|
83
|
428.25
|
355.45
|
(iii) The minimum
weekly rates for junior tracers twelve months after the commencement and
thereafter shall be based on the appropriate percentages of the total weekly
rate for Wage Group c12 and shall be as follows:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3 %
|
Base rate of C12
plus SWC adjustments plus $45.40 $
|
Total rate per
week $
|
16 years of age and under
|
54
|
439.60
|
237.40
|
At 17 years of age
|
59
|
439.60
|
259.35
|
At 18 years of age
|
67
|
439.60
|
294.55
|
At 19 years of age
|
76
|
439.60
|
337.10
|
At 20 years of age
|
83
|
439.60
|
364.85
|
5.5 Trainee Rates Of
Pay
Refer to the Metal Trades (Training Wage) (State) Award (286
I.G. 154), as varied, for rates of pay and conditions of employment for
trainees.
5.6 Supported Wage
System For People With Disabilities
5.6.1 Workers
Eligible for a Supported Wage
This clause defines the conditions that will apply to
employees who, because of the effects of a disability, are eligible for a
supported wage under the terms of this award. In the context of this clause,
the following definitions will apply:
(i) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Process".
(ii) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(iii) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991, or any
successor to that scheme.
(iv) "Assessment
instrument" means the form provided for under the Supported Wage System
that records the assessment of the productive capacity of the person to be
employed under the Supported Wage System.
5.6.2 Eligibility
Criteria
Employees covered by this clause will be those who are
unable to perform the range of duties to the competence level required within
the class of work for which the employee is engaged under this award, because
of the effects of a disability on their productive capacity and who meet the
impairment criteria test for a Disability Support Pension.
This clause does not apply to any existing employee who has
a claim against the employer that is subject to the provisions of workers’
compensation legislation or any provision of this award relating to the
rehabilitating of employees who are injured in the course of their employment.
This clause also does not apply to employers in respect of
their facility, programme, undertaking, service or the like which receives
funding under the Disability Services Act 1986 and fulfils the dual role of
service provider and sheltered employer to people with disabilities who are in
receipt of, or are eligible for, a Disability Support Pension, except with
respect to an organisation which has received recognition under section 10 or
section 12A of the Act, or if a part only has received recognition, that part.
5.6.3 Supported Wage
Rates
Employees to whom this clause applies shall be paid the
applicable percentage of the minimum rate of pay prescribed by this award for
the class of work that the person is performing, according to the following
schedule:
Assessed Capacity %
of prescribed
(subclause (d)) award
rate
10%* 10
20% 20
30% 30
40% 40
50% 50
60% 60
70% 70
80% 80
90% 90
(Provided that the minimum amount payable shall be not less
than $45.00 per week).
* Where a
person's assessed capacity is 10 per cent, they shall receive a high degree of
assistance and support.
5.6.4 Assessment of
Capacity
For the purpose of establishing the percentage of the award
rate to be paid to an employee under this award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument, by either:
(i) the employer
and a union party to the award, in consultation with the employee or, if
desired, by any of these;
(ii) the employer
and an accredited assessor from a panel agreed by the parties to the award and
the employee.
5.6.5 Lodgement of
Assessment Instrument
(i) All
assessment instruments under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Australian Industrial
Relations Commission.
(ii) All
assessment instruments shall be agreed and signed by the parties to the
assessment; provided that where a union which is a party to the award is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and shall take effect, unless an objection is notified to the
Registrar within ten working days.
5.6.6 Review of
Assessment
The assessment of the applicable percentage should be
subject to annual review or earlier on the basis of a reasonable request for
such a review. The process of review shall be in accordance with the procedures
for assessing capacity under the Supported Wage System.
5.6.7 Other Terms and
Conditions of Employment
Where an assessment has been made, the applicable percentage
shall apply to the wage rate only. Employees covered by the provisions of this
clause will be entitled to the same terms and conditions of employment as all
other workers covered by this award paid on a pro rata basis.
5.6.8 Workplace
Adjustment
An employer wishing to employ a person under the provisions
of this clause shall take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job. Changes may involve re‑design
of job duties, working time arrangements and work organisation in consultation
with other workers in the area.
5.6.9 Trial Period
(i) In order for
an adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this subclause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
(ii) During the
trial period, the assessment of capacity shall be undertaken and the proposed
wage rate for a continuing employment relationship shall be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$45.00 per week.
(iv) Work trials
should include induction or training as appropriate to the completion of the
trial period; a further contract of employment shall be entered into based on
the outcome of assessment under clause 5.6.4 above.
5.7 Allowances And
Special Rates
5.7.1 Allowances
5.7.1 (a) Motor Allowance
Where an employee reaches agreement with their employer to
use their own motor vehicle on the employer's business, such employee shall be
paid an allowance of 54 cents per kilometre travelled
5.7.1 (b) Travelling, Transport and Fares
(i) Excess
Travelling and Fares
An employee who on any day or from day to day is required to
work at a job away from his or her accustomed workshop or depot will, at the
direction of the employer, present himself or herself for work at such job at
the usual starting time, but for all time reasonably spent in reaching and
returning from such job (in excess of the time normally spent in travelling
from his or her home to such workshop or depot and returning) he or she will be
paid travelling time, and also any fares reasonably incurred in excess of those
normally incurred in travelling between his or her home and such workshop or
depot.
An employee who with the approval of the employer uses his
or her own means of transport for travelling to or from outside jobs will be
paid the amount of excess fares which he or she would have incurred in using
public transport unless he or she has an arrangement with his or her employer
for a regular allowance.
(ii) Distant Work
An employee sent from his or her usual locality to another
(in circumstances other than those prescribed in 5.7.1(a) hereof) and required
to remain away from his or her usual place of abode will be paid travelling
time whilst necessarily travelling between such localities, and expenses whilst
so absent from his or her usual locality.
(iii) Payment for
Travelling
(1) The rate of
pay for travelling time is ordinary rates, except on Sundays and holidays when
it will be time and a half.
(2) The maximum
travelling time to be paid for is 12 hours out of every 24 hours, or when a
sleeping berth is provided by the employer for all‑night travel, eight
hours out of every 24.
(iv) Expenses
"Expenses" for the purpose of this clause means:
(1) All fares
reasonably incurred. The fares allowed are be for rail travel, second class
except where all‑night travelling is involved when they are to be first
class, with sleeping berth where available.
(2) Reasonable
expenses incurred whilst travelling including an amount set out in Item 3 of
5.9.2(g) for each meal taken.
(3) A reasonable
allowance to cover the cost incurred for board and lodging.
(v) If an employee
is directed to work at a place other than his/her usual place of employment and
the means of transport by which he/she is directed to travel offers travelers'
accommodation of more than one class, the fares which shall be payable under
this clause shall be such as to enable him/her to travel first class.
(vi) An employee,
should he/she so desire it, shall be reimbursed by the employer to the extent
of a first class return fare to his/her usual place of residence in respect of
his/her normal place of employment after each period of four weeks on
"distant work" unless such work is inherent in the normal work of the
establishment in which he/she is employed. "Distant work" shall mean
work which renders it necessary for an employee to sleep at a place other than
his/her usual place of residence in respect of his/her usual place of
employment.
5.7.2 Application of
Technical Computing Allowance
An allowance of $25.05 shall be paid to any employee who is
required to use technical computing equipment (as defined) to perform work of a
complex nature. Work of a complex nature includes:
(a) the
application of new concepts in their field of work, including the use of three‑dimensional
projections;
(b) the
development of specialised programmes for technical computing applications;
(c) system
development, including the evaluation of existing and alternative systems or
ancillary software and/or hardware;
(d) the provision
of training on the system for users, including the development and/or evaluation
of self‑learn and/or teaching methods or software packages.
Technical computing equipment is defined as computer
hardware (including personal computers, micro computers, mini computers or
mainframe computers) using software (including design, engineering, planning or
data base programmes), which are used for technical and/or engineering
applications, including design, drafting, planning, quality control, machine
programming, NC programming and engineering analysis.
This allowance is not payable for routine or repetitive
functions, or where the system is used merely as an aid.
5.7.3 Checking Work
Allowance
A draughtsmen employed for the greater part of his/her time
in checking the work of other draughtsmen shall be paid $16.45 per week in
addition to the rate to which he/she otherwise is entitled under this award.
5.8 Extra Rates Not
Cumulative
Extra rates in this Award, and rates for work on public
holidays, are not cumulative so as to exceed the maximum of double the ordinary
rates.
5.9 Payment Of Wages
Summary
This clause provides for the pay period and method of
payment of wages.
5.9.1 Period of
Payment
5.9.1 (a) Wages shall be paid weekly or
fortnightly, either:
(i) according to
the actual ordinary hours worked each week or fortnight; or
(ii) according to
the average number of ordinary hours worked each week or fortnight.
5.9.1 (b) By agreement between the employer and
the majority of employees in the relevant enterprise, wages may be paid three
weekly, four weekly or monthly. Subject to clause 2.2.3(c), agreement in this
respect may also be reached between the employer and an individual employee.
5.9.2 Method of
Payment
Wages shall either be paid by cash, cheque or electronic
funds transfer into the employee's bank (or other recognised financial
institution) account.
In the case of employees paid by cheque, if the employee
requires it, the employer shall have a facility available during ordinary hours
for the encashment of the cheque.
5.9.3 Payment of
Wages on Termination of Employment
On termination of employment, wages due to an employee shall
be paid on the day of termination or forwarded to the employee by post on the
next working day.
5.9.4 Day off
coinciding with pay day
Where an employee is paid wages by cash or cheque and the
employee is, by virtue of the arrangement of their ordinary hours, to take a
day off on a day which coincides with pay day, such employee must be paid no
later than the working day immediately following pay day. However, if the
employer is able to make suitable arrangements, wages may be paid on the
working day preceding pay day.
5.9.5 Wages to be
paid during working hours
5.9.5 (a) Where an employee is paid wages by cash
or cheque such wages shall be paid during ordinary working hours.
5.9.5 (b) If an employee is paid wages by cash and
is kept waiting for their wages on pay day, after the usual time for ceasing
work, they shall be paid at overtime rates for the period they are kept
waiting.
5.9.6 Absences from
Duty Under an Averaging System
Where an employee's ordinary hours in a week are greater or
less than 38 hours and such employee's pay is averaged to avoid fluctuating
wage payments, the following shall apply:
5.9.6 (a) The employee will accrue a
"credit" for each day he or she works ordinary hours in excess of the
daily average.
5.9.6 (b) The employee will not accrue a
"credit" for each day of absence from duty (other than on annual
leave, long service leave, public holidays, paid sick leave, workers'
compensation, paid bereavement leave, paid carers' leave or jury service).
5.9.6 (c) An employee absent for part of a day
(other than on annual leave, long service leave, public holidays, paid sick
leave, workers' compensation, paid bereavement leave, paid carers' leave or
jury service shall accrue a proportion of the "credit" for the day,
based upon the proportion of the working day that the employee was in
attendance.
5.10 Ship Trials
In the case of an employee engaged on ship trials, whether
at wharf, or in harbour, or at sea, the provisions of clause 6.3, Meal Breaks,
of this award, shall not apply, but all remaining clauses of the award shall
apply and in addition thereto the following provisions shall apply:
(a) An employee's
time for the purpose of computing the time of trial duty shall be deemed to
commence at the time the employee is instructed to be on board the vessel,
provided he/she is ready to go aboard at that time, and shall be deemed to
terminate the time the employee gains contact with the shore. Where such contact is obtained by the
vessel's mooring at a wharf, contact shall be deemed to be gained when the
gangway is lowered after mooring.
(b) The maximum
number of continuous hours an employee shall be required to be on duty shall be
twelve hours. Should the trial be planned for a longer duration a relief shift
shall be arranged before leaving wharf.
(c) A reasonable
time, not less than thirty minutes, or as agreed upon, shall be allowed for
each meal. Luncheon shall be provided and the time thereof shall be, as far as
practicable, between 12.00 noon and 2.00 p.m. If the employee is required to be
on board before 7.00 a.m. breakfast shall be provided, and if the trial
continues after 6.00 p.m. a light tea shall be provided. Where shifts are being
worked, adequate meals shall be provided for each shift.
(d) The following
rates of pay shall be paid for time on duty as indicated:
(i) Whilst vessel
is at wharf ‑ the rate payable pursuant to this award for work performed
on the days and at the time in question, plus 25 per cent of the ordinary daily
rate for such work.
(ii) Whilst vessel
is in harbour or at sea ‑ the rate payable pursuant to this award for
work performed on the days and at the time in question, plus 50 per cent of the
ordinary daily rate for such work.
Part 6 ‑ Hours Of Work, Shift Work, Meal Breaks And
Overtime
6.1 Ordinary Hours Of
Work
Summary
This clause describes the ordinary hours of work and how
they are to be arranged for day workers, continuous shift workers and non‑continuous
shift workers.
The ordinary hours of work for all three categories is 38
per week to be averaged over the period of the work cycle that applies in the
particular enterprise.
There is provision for the employer, by agreement with
employees, to arrange working hours to achieve maximum flexibility in order to
suit the needs of both the enterprise and the employees.
6.1.1 Ordinary Hours
of Work ‑ Day Workers
6.1.1 (a) Subject to subclause 6.1.4, the ordinary
hours of work for day workers are to be an average of 38 per week but not
exceeding 152 hours in 28 days.
6.1.1 (b) The ordinary hours of work may be worked
on any day or all of the days of the week. This subclause shall be read in
conjunction with subclauses 6.1.1(e) and (f).
6.1.1 (c) The ordinary hours of work are to be
worked continuously, except for meal breaks, at the discretion of the employer
between 6.00 am and 6.00 pm. The spread of hours (i.e. 6.00 am to 6.00 pm) may
be altered by up to one hour at either end of the spread, by agreement between
an employer and the majority of employees concerned or in appropriate
circumstances, between the employer and an individual employee.
6.1.1 (d) Any work performed outside the spread of
hours is to be paid for at overtime rates. However, any work performed by an
employee prior to the spread of hours which is continuous with ordinary hours
for the purpose, for example, of getting the plant in a state of readiness for
production work is to be regarded as part of the 38 ordinary hours of work.
6.1.1 (e) The minimum rate to be paid for a day
worker for ordinary time worked between midnight on Friday and midnight on
Saturday shall be time and a half.
6.1.1 (f) The minimum rate to be paid for a day
worker for ordinary time worked between midnight on Saturday and midnight on
Sunday shall be double time.
6.1.2 Ordinary Hours
of Work ‑ Continuous Shift Workers
6.1.2 (a) Continuous shiftwork means work carried
on with consecutive shifts of employees throughout the 24 hours of each of at
least six consecutive days without interruption except for breakdowns or meal
breaks or due to unavoidable causes beyond the control of the employer.
6.1.2 (b) Subject to 6.1.2(c) the ordinary hours
of continuous shiftworkers are, at the discretion of the employer, to average
38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28
consecutive days. Continuous shift workers are entitled to a 20 minute meal
break on each shift which shall be counted as time worked.
6.1.2 (c) By agreement between the employer and
the majority of employees concerned, a roster system may operate on the basis
that the weekly average of 38 ordinary hours is achieved over a period that
exceeds 28 consecutive days but does not exceed 12 months.
6.1.2 (d) Except at the regular change‑over
of shifts, an employee shall not be required to work more than one shift in
each 24 hours.
6.1.3 Ordinary Hours
of Work ‑ Non‑Continuous Shift Workers
6.1.3 (a) Subject to 6.1.3(b), the ordinary hours
of work for non‑ continuous shift workers are to be an average of 38 per
week and must not exceed 152 hours in 28 consecutive days.
6.1.3 (b) By agreement between the employer and
the majority of employees concerned, a roster system may operate on the basis
that the weekly average of 38 ordinary hours is allowed over a period, which
exceeds 28 consecutive days but does not exceed 12 months.
6.1.3 (c) The ordinary hours of work are to be
worked continuously, except for meal breaks, at the discretion of the employer.
6.1.3 (d) Except at change‑over of shifts an
employee will not be required to work more than one shift in each 24 hours.
6.1.4 Methods of
Arranging Ordinary Working Hours.
6.1.4 (a) Subject to the employer's right to fix
the daily hours of work for day workers from time to time within the spread of
hours referred to in 6.1.1(c) and the employer's right to fix the commencing
and finishing time of shifts from time to time, the arrangement of ordinary
working hours is to be by agreement between the employer and the majority of
employees in the enterprise or part of the enterprise concerned. Subject to
clause 2.2.3(c) this does not preclude the employer reaching agreement with
individual employees about how their working hours are to be arranged.
6.1.4 (b) Matters upon which agreement may be
reached include:
(i) how the hours
are to averaged within a work cycle established in accordance with 6.1.2 and
6.1.3
(ii) the duration
of the work cycle for day workers provided that such duration shall not exceed
3 months
(iii) rosters which
specify the starting and finishing times of working hours
(iv) a period of
notice of a rostered day off which is less than four weeks
(v) substitution
of rostered days off
(vi) accumulation
of rostered days off
(vii) arrangements
which allow for flexibility in relation to the taking of rostered days off
(viii) any
arrangements of ordinary hours which exceed 8 hours in any day
6.1.4 (c) By agreement between an employer and the
majority of employees in the enterprise or part of the enterprise concerned, 12
hour days or shifts may be introduced subject to:
(i) Proper health
monitoring procedures being introduced;
(ii) Suitable
roster arrangements being made;
(iii) Proper
supervision being provided;
(iv) Adequate
breaks being provided;
(v) An adequate
trial or review process being implemented through the consultative process in
clause 3.1.
6.1.4 (d) (i) Where
an employee works on a shift other than a rostered shift (as defined), he/she
shall:
(1) if employed on
continuous work, be paid at the rate of double time; or
(2) if employed on
other shiftwork, at the rate of time and one half for the first three hours and
double time thereafter.
(ii) The provision
of 6.1.4(d)(i) do not apply when the time is worked:
(1) by arrangement
between the employees themselves;
(2) for the
purposes of effecting the customary rotation of shifts; or
(3) on a shift to
which the employee is transferred on short notice as an alternative to standing
the employee off in circumstances which would entitle the employer to deduct
payment for the day in accordance with clause 4.6.
6.1.5 Daylight Saving
Where by reason of legislation, summer time is prescribed as
being in advance of the standard time in the State the length of any shift:
Commencing before the time prescribed by the relevant
legislation for the commencement of a summer time period, and
Commencing on or before the time prescribed by such
legislation for the termination of a summer time period, shall be deemed to be
the number of hours represented by the difference between the time recorded by
the clock at the beginning of the shift and the time so recorded at the end of
the shift. The time of the clock in each case is to be set to the time fixed by
the relevant legislation.
In this subclause the expressions "standard time"
and "summer time" shall bear the same meaning as are prescribed by
the relevant legislation.
6.2 Special
Provisions For Shiftworkers
Summary
This clause defines afternoon and night shift and prescribes
the allowances for such shifts as well as the loadings payable for Saturday,
Sunday and Public Holidays Shifts.
6.2.1 Definitions
For the purposes of this award:
"Rostered Shift" means any shift of which the
employee concerned has had at least 48 hours notice.
"Afternoon Shift" means any shift finishing after
6.00 pm and at or before midnight.
"Night Shift" means any shift finishing subsequent
to midnight and at or before 8.00 am.
By agreement between the employer and the majority of
employees concerned or in appropriate cases an individual employee, the span of
hours over which shifts may be worked may be altered by up to one hour at
either end of the span.
6.2.2 Afternoon and
Night Shift Allowances
6.2.2 (a) An employee whilst on afternoon or night
shift shall be paid for such shift 15 per cent more than his or her ordinary
rate.
6.2.2 (b) An employee who works on an afternoon or
night shift which does not continue:
(i) for at least
five successive afternoon or night shifts or six successive afternoon or night
shifts in a six day workshop (where no more than eight ordinary hours are
worked on each shift); or
(ii) for at least
38 ordinary hours (where more than eight ordinary hours are worked on each
shift and the shift arrangement is in accordance with subclauses 6.1.2 or
6.1.3);
shall be paid for each shift 50 percent for the first three
hours and 100 percent for the remaining hours, in addition to his or her
ordinary rate.
6.2.2 (c) An employee who:
(i) During a
period of engagement on shift, works night shift only; or
(ii) Remains on
night shift for a longer period than four consecutive weeks; or
(iii) Works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give him or her at least one third of his or her working time off
night shift in each shift cycle;
shall, during such engagement, period or cycle, be paid 30
per cent more than his or her ordinary rate for all time worked during ordinary
working hours on such night shift.
6.2.3 Rate for
Working on Saturday Shifts
The minimum rate to be paid to a shift worker for work
performed between midnight on Friday and midnight on Saturday shall be time and
a half. This extra rate is in substitution for and not cumulative upon the
shift premiums prescribed in 6.2.2.
6.2.4 Rate for
Working on Sunday and Public Holiday Shifts
6.2.4 (a) The rate at which continuous shift
workers are to be paid for work on a rostered shift the major portion of which
is performed on a Sunday or public holiday shall be as follows:
(i) Sundays - at
the rate of time and three-quarters;
(ii) Holidays - at
the rate of double time
6.2.4 (b) The rate at which shift workers on other
than continuous work are to be paid for all time worked on a Sunday or public
holiday is as follows:
(i) Sundays ‑
at the rate of double time
(ii) Public
Holidays ‑ at the rate of double time and a half.
6.2.4 (c) Where shifts commence between 11.00pm
and midnight on a Sunday or public holiday, the time so worked before midnight
does not entitle the employee to the Sunday or public holiday rate for the shift.
However, the time worked by an employee on a shift commencing before midnight
on the day preceding a Sunday or public holiday and extending into the Sunday
or public holiday shall be regarded as time worked on the Sunday or public
holiday.
6.2.4 (d) Where shifts fall partly on a holiday,
the shift which has the major portion falling on the public holiday shall be
regarded as the holiday shift.
6.2.4 (e) The extra rates in this subclause are in
substitution for and not cumulative upon the shift premiums prescribed in
6.2.2.
6.3 Meal Breaks
Summary
This clause deals with the taking of meal breaks during
ordinary working hours and covers when the meal break is to be taken,
alterations to the time the break may be taken and payment for working during
the meal break.
6.3.1 An employee
shall not be required to work for more than five hours without a break for a
meal except in the following circumstances:
6.3.1 (a) In cases where canteen or other
facilities are limited to the extent that meal breaks must be staggered and as
a result it is not practicable for all employees to take a meal break within
five hours, an employee will not be required to work for more than six hours
without a break for a meal break.
6.3.1 (b) By agreement between an employer and an
employee or the majority of employees in an enterprise or part of an enterprise
concerned, an employee or employees may be required to work in excess of five
hours but not more than six hours at ordinary rates of pay without a meal
break.
6.3.2 The time of
taking a scheduled meal break or rest break by one or more employees may be
altered by an employer if it is necessary to do so in order to meet a
requirement for continuity of operations.
6.3.3 An employer may
stagger the time of taking a meal and rest breaks to meet operational
requirements.
6.3.4 Subject to
6.3.1, an employee shall work during meal breaks at ordinary rates of pay
whenever instructed to do so for the purpose of making good breakdown of plant
or upon routine maintenance of plant which can only be done while the plant is
idle.
6.3.5 Except as
provided in this subclause, and except where any alternative arrangement is
entered into by agreement between the employer and employees concerned, time
and a half rates shall be paid for all work done during meal hours and
thereafter until a meal break is taken.
6.4 Morning And
Afternoon Tea
1. Employees are
entitled to a 10 minute morning tea rest period at a time fixed by the
employer.
2. Employees
shall be permitted without ceasing work to partake of refreshment in the
afternoon.
6.5 Overtime
.
Summary
Overtime is payable for work done outside the ordinary hours
of work. Generally speaking, the overtime rate is time and a half for the first
three hours and double time thereafter. Continuous shift workers are entitled
to double time for all overtime.
Employees are required to work a reasonable amount of
overtime. Minimum payments are prescribed for overtime work on Saturday, Sunday
and Public Holidays.
Employees are required to have a rest period normally
between work on successive days.
Provision is made for employees being called back after
leaving the premises and for standing by for callback.
Meal breaks and meal allowances are also dealt with in this
clause.
6.5.1 Payment for
Working Overtime
6.5.1 (a) Except as provided for in 6.5.1(d),
6.5.1(e), 6.5.8 and 6.5.9, for all work done outside ordinary hours on any day
or shift (as defined in subclauses 6.1.1, 6.1.2 and 6.1.3) the overtime rates
of pay are time and a half for the first three hours and double time thereafter
until the completion of the overtime work. For continuous shift workers the
rate for working overtime is double time.
6.5.1 (b) For the purposes of this clause
"ordinary hours" means the hours worked in an enterprise, fixed in
accordance with clause 6.1 of this award.
6.5.1 (c) The hourly rate, when computing
overtime, is to be determined by dividing the appropriate weekly rate by 38,
even in cases when an employee works more than 38 ordinary hours in a week.
6.5.1 (d) When not less than 7 hours 36 minutes
notice has been given to the employer by a relief shiftworker that he or she
will be absent from work and the shiftworker whom that person should relieve is
not relieved and is required to continue work on his or her rostered day off
the unrelieved employee shall be paid double time.
6.5.1 (e) In computing overtime each day's work
shall stand alone.
6.5.2 Requirement to
Work Reasonable Overtime
An employer may require any employee to work reasonable
overtime at overtime rates and the employee shall work overtime as required.
6.5.3 One in, All in
does not Apply
The assignment of overtime by an employer to an employee is
to be based on specific work requirements and the practice of "one in, all
in" overtime must not apply.
6.5.4 Rest Period
after Overtime
6.5.4 (a) When overtime work is necessary it must,
wherever reasonably practicable, be so arranged that employees have at least 10
consecutive hours off duty between the work of successive working days.
6.5.4 (b) An employee (other than a casual
employee) who works so much overtime between the termination of his or her
ordinary work on one day and the commencement of their ordinary work on the
next day that the employee has not had at least 10 consecutive hours off duty
between those times must, subject to this subclause, be released after
completion of the overtime until the employee has had 10 consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence.
6.5.4 (c) If on the instructions of the employer
an employee resumes or continues work without having had the 10 consecutive
hours off duty the employee must be paid at double rates until he or she is
released from duty for such period. The employee is then entitled to be absent
until he or she has had 10 consecutive hours off duty without loss of pay for
ordinary working time occurring during the absence.
6.5.4 (d) The provisions of this subclause will
apply in the case of shift workers as if eight hours were substituted for 10
hours when overtime is worked:
(i) for the
purpose of changing shift rosters; or
(ii) where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace the shift worker; or
(iii) where a shift
is worked by arrangement between the employees themselves.
6.5.5 Call Back
An employee recalled to work overtime after leaving the
employer's enterprise (whether notified before or after leaving the enterprise)
is to be paid for a minimum of four hours work at the rate of time and one half
for the first three hours and double time thereafter (or double time for the
full period for continuous shift workers). There are a number of conditions
which apply to this provision:
6.5.5 (a) Where an employee is required to
regularly hold himself or herself in readiness for a call back he or she will
be paid for a minimum of three hours work at the appropriate overtime rate.
This is subject to 6.5.6 which deals with the conditions for standing by.
6.5.5 (b) If the employee is recalled on more than
one occasion between the termination of their ordinary work on one day and the
commencement of their ordinary work on the next ordinary working day he or she
shall be entitled to the three or four hour minimum overtime payment provided
for in this subclause for each call back. However, in such circumstances, it is
only the time which is actually worked during the previous call or calls which
is to be taken into account when determining the overtime rate for subsequent
calls.
6.5.5 (c) Except in the case of unforeseen
circumstances arising, an employee will not be required to work the full three
or four hours as the case may be if the job he or she was recalled to perform
is completed within a shorter period.
6.5.5 (d) This subclause does not apply in cases
where it is customary for an employee to return to the enterprise to perform a
specific job outside the employee's ordinary working hours or where the
overtime is continuous (subject to a meal break) with the commencement or completion
of ordinary working time.
6.5.5 (e) Overtime worked in the circumstances
specified in this subclause is not to be regarded as overtime for the purpose
of 6.5.4, Rest Periods After Overtime, when the actual time worked is less than
three hours on the call back or on each call back.
6.5.6 Standing By
Subject to any custom prevailing at an enterprise, where an
employee is required regularly to hold himself or herself in readiness to work
after ordinary hours, the employee is to be paid standing by time at the
employee's ordinary rate of pay for the time he or she is standing by.
6.5.7 Saturday Work
A day worker required to work overtime on a Saturday shall
be afforded at least four hours work or paid for four hours at the rate of time
and one half for the first three hours and double time thereafter, except where
the overtime is continuous with overtime commenced on the previous day.
6.5.8 Sunday Work
Employees required to work overtime on Sundays shall be paid
for a minimum of three hours work at double time. The double time is to be paid
until the employee is relieved from duty.
6.5.9 Public Holiday
Work
Refer to 7.7.2 to determine the pay entitlements of persons
who work overtime on a public holiday.
6.5.10 Rest Break
6.5.10 (a) An employee working overtime must be
allowed a rest break of 30 minutes without deduction of pay after each four
hours of overtime worked if the employee is to continue work after the rest
break.
6.5.10 (b) A day worker working overtime shall be
allowed a meal break of thirty minutes without deduction of pay after each four
hours of overtime worked if the employee continues work after such meal
break. Provided that, where an employee
in a five‑day week is required to work overtime on a Saturday, the first
prescribed meal break, if occurring between 10.00 a.m. and 1.00 p.m., shall be
paid for at ordinary rates.
6.5.10 (c) Where overtime is to be worked
immediately after the completion of ordinary work on a day or shift and the
period of overtime is to be more than one and a half hours, an employee, before
starting the overtime is entitled to a rest break of 30 minutes to be paid at
ordinary rates.
6.5.10 (d) An employer and employee may agree to
any variation of this subclause to meet the circumstances of the work in hand
provided that the employer is not required to make any payment in excess of or
less than what would otherwise be required under this subclause.
6.5.11 Meal Allowance
An employee required to work beyond two hours after the
usual finishing time of work shall be paid a meal allowance of $7.60 for the
first and each subsequent meal, or be provided with an adequate meal where the
employer has his/her own cooking and dining facilities.
6.5.12 Transport of
Employees
When an employee, after having worked overtime or a shift
for which he/she has not been regularly rostered, finishes work at a time when
reasonable means of transport are not available, the employer shall provide the
employee with a conveyance home, or pay him/her their current wage for the time
reasonably occupied in reaching home.
Part 7 ‑ Types Of Leave And Public Holidays
7.1 Annual Leave
1. Period of
Leave
A period of twenty-eight consecutive days’ leave shall be
allowed annually to an employee after 12 months’ continuous service (less the
period of annual leave), such period to include any absence from work on paid
long service leave. Provided that by agreement between an employer and
employee, annual leave may be taken at any time within a period of twelve
months from the date at which it falls due and with less than four weeks notice
to the employee.
2. Public
Holidays Falling in a Period of Leave
The annual leave prescribed by this clause shall be
exclusive of any of the holidays prescribed by subclause 7.7 Public Holidays,
of this award, and if any such holiday falls within an employee's period of
annual leave and is observed on a day which in the case of that employee would
have been an ordinary working day there shall be added to the period of annual
leave time equivalent to the ordinary time which the employee would have worked
if such day had not been a holiday.
7.1.3 Leave to be
Taken
The annual leave shall be given and taken in one or two
continuous periods. If the annual leave is given in two continuous periods then
one of those two periods must be of at least twenty‑one consecutive days:
Provided that if the employer and an employee so agree then his/her annual
leave entitlement may be given and taken in two separate periods neither of
which is of at least twenty‑one consecutive days, or in three separate
periods: Provided further that an employee may, with the consent of his/her
employer, take short‑term annual leave, not exceeding four days in any
calendar year, at a time or times separated from any of the periods determined
in accordance with this subclause.
7.1.4 Proportionate
Leave on Termination
If in any twelve monthly qualifying period an employee
terminates his/her employment or has his/her employment terminated by his/her
employer he/she shall be paid in addition to all other amounts due to him/her
an amount equal to one‑twelfth of his/her ordinary pay for the completed
part of the qualifying period.
7.1.5 Annual Close
Down
Where an employer closes down his/her plant, or a section or
sections thereof, for the purpose of allowing annual leave to all or the bulk
of the employees in the plant, or section or sections concerned, the following
provisions shall apply:
(i) He/she may by
giving not less than four weeks' notice of his/her intention so to do stand off
for the duration of the close down all employees in the plant or section or
sections concerned and allow to those who are not then qualified for a full
entitlement to annual leave for twelve months' continuous service pursuant to
subclause 7.1.1 of this clause, paid leave on a proportionate basis at the rate
of wage equal to one‑twelfth of his/her ordinary pay earned during the
current qualifying period.
(ii) An employee
who has then qualified for a full entitlement to annual leave for twelve
months' continuous service pursuant to subclause 7.1.1 of this clause, and has
also completed a further week or more of continuous service shall be allowed
his leave, and shall also be paid an amount equal to one‑twelfth of his
ordinary pay earned since the close of his last twelve monthly qualifying
period.
(iii) The next
twelve‑monthly qualifying period for each employee affected by such close
down shall commence from the day on which the plant, section or sections
concerned is reopened for work: Provided that all time during which an employee
is stood off without pay for the purpose of this subclause shall be deemed to
be time of service in the next twelve‑monthly qualifying period.
(iv) If in the
first year of his/her service with an employer, an employee is allowed
proportionate annual leave under paragraph (i) of this subclause, and
subsequently within such year lawfully leaves his employment or his employment
is terminated by the employer through no fault of the employee, he/she shall be
entitled to the benefit of subclause 7.1.4 of this clause subject to adjustment
for any proportionate leave which he may have been allowed as aforesaid.
(v) An employer
may close down his/her plant for one or two separate periods for the purpose of
granting annual leave in accordance with this subclause. If the employer closes
down his plant in two separate periods one of those periods shall be for a
period of at least twenty‑one consecutive days: Provided that where the
majority of employees concerned agree, an employer may close down the plant,
work section or sections in one, two or three separate periods for the purpose
of granting annual leave in accordance with this subclause. Provided further that if an employer closes
down his plant on more than one occasion, one of those periods shall be for a
period of at least fourteen consecutive days including non‑working
days. In such cases, the employer shall
advise the employees concerned of the proposed dates of each close down before
asking them for their agreement.
(vi) (a) An employer may close down his plant, or
a section or sections thereof for a period of at least twenty‑one
consecutive days and grant the balance of the annual leave due to an employee
in one continuous period in accordance with a roster: Provided that by
agreement with the majority of employees concerned, an employer may close down
his plant for a period of at least fourteen consecutive days including non‑working
days and grant the balance of the annual leave due to an employee by mutual
arrangement.
(b) An employer
may close down his/her plant, or a section or sections thereof for a period of
less than twenty‑one consecutive days and allow the balance of the annual
leave due to an employee in one or two continuous periods either of which may
be in accordance with a roster. In such a case the granting and taking of
annual leave shall be subject to the agreement of the employer and the majority
of employees in the plant, or a section or sections thereof respectively and
before asking the employees concerned for the agreement the employer shall
advise them of the proposed dates of the close down or close downs and the
details of the annual leave roster.
7.1.6 Annual Leave
Loading
During a period of annual leave an employee shall receive a
loading calculated on the rate of wages he would have been entitled to receive
had he/she not been on such leave. The loading shall be as follows:
(i) Day Workers ‑
An employee who would have worked on day work only had he not been on leave ‑
a loading of 17.5 per cent on the rate of wages he would have been entitled to
receive.
(ii) Shift Workers
‑ An employee who would have worked on shift work had he not been on
leave ‑ a loading of 17.5 per cent on the rate of wages he would have
been entitled to receive: Provided that where the employee would have received
shift loading prescribed by clause 6.2, Shift Work, had he not been on leave
during the relevant period and such loadings would have entitled him to a
greater amount than the loading of 17.5 per cent then the shift loadings shall
be added to the rate of wage prescribed by clause 5, Rates of Pay, in lieu of
the 17.5 per cent loading: Provided further that if the shift loadings would
have entitled him to a lesser amount than the loading of 17.5 per cent then
such loading of 17.5 per cent shall be added to the rate of wage prescribed by
clause 5.1, Classifications and Rates of Pay, in lieu of the shift loadings.
The loading prescribed by this subclause shall not apply to
proportionate leave on termination.
7.2 Long Service
Leave
See Long Service Leave
Act 1955.
7.3 Sick Leave
7.3.1 Amount of Paid
Sick Leave
An employee on weekly hiring who is absent from his/her work
on account of personal illness, or on account of injury by accident arising out
of and in the course of his/her employment, shall be entitled to leave of
absence, without deduction of pay, subject to the following conditions and
limitations:
7.3.1 (a) An employee shall not be entitled to
paid leave of absence for any period in respect of which he/she is entitled to
workers' compensation.
7.3.1 (b) He/she shall, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence inform the employer of his/her inability to attend for duty, and as far
as practicable, state the nature of the injury or illness and the estimated
duration of the absence.
If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the
employee shall inform the employer within 24 hours of such absence.
7.3.1 (c) An employee shall prove to the
satisfaction of his/her employer that he/she was unable on account of such
illness or injury to attend for duty on the day or days for which sick leave is
claimed.
7.3.1 (d) First Year of Employment ‑an
employee shall not be entitled during his/her first year of any period of
service with an employer to leave in excess of five days of ordinary working
time or in cases where he/she normally works more than 8 ordinary hours in any
day, he/she shall not be entitled to leave in excess of 40 hours of ordinary
working time. Provided further that
during the first five months of the first year of a period of service with an
employer he/she shall be entitled to sick leave which shall accrue on a pro
rata basis of one day of ordinary working time for each month of service
completed with that employer to a maximum of 40 ordinary hours. On application by the employee during the
sixth month of employment and subject to the availability of an unclaimed
balance of sick leave the employee shall be paid for any sick leave taken
during the first five months and in respect of which payment was not made.
7.3.1 (e) Second or Subsequent Years of Employment
‑ an employee shall not be entitled during the second or subsequent year
of any period of service with an employer to leave in excess of 8 days of
ordinary working time or in excess of 64 hours of ordinary working time in the
case of an employee who normally works more than 8 ordinary hours of any day.
7.3.2 Single Day
Absences
In the case of an employee who claims to be allowed paid
sick leave in accordance with this clause for an absence of one day only such
employee if in the year he/she has already been allowed paid sick leave on more
than one occasion for one day only, shall not be entitled to payment for the
day claimed unless he/she produces to the employer a certificate of a duly
qualified medical practitioner that in his/her, the medical practitioner's
opinion, the employee was unable to attend for duty on account of personal
illness or on account of injury by accident.
However, an employer may agree to accept from the employee a statutory
declaration, stating that the employee was unable to attend for duty on account
of personal illness or on account of injury by accident in lieu of a
certificate of a duly qualified medical practitioner as prescribed by this
subclause.
7.3.3 Accumulation of
Sick Leave
Sick leave shall accumulate from year to year so that any
balance of the period specified in 7.3.1 (d) and (e) of this clause which has
in any year not been allowed to an employee by an employer as paid sick leave
may be claimed by the employee and subject to the conditions hereinbefore
prescribed shall be allowed by that employer in a subsequent year without
diminution of the sick leave prescribed in respect of that year. Provided that
sick leave which accumulates pursuant to this subclause shall be available to
the employee for a period of twelve years but for no longer from the end of the
year in which it accrues.
7.3.4 Attendance at
Hospital, etc
Notwithstanding anything contained in 7.3.1 of this clause
an employee suffering injury through an accident arising out of and in the
course of his/her employment (not being an injury in respect of which he/she is
entitled to workers' compensation) necessitating his/her attendance during
working hours on a doctor, chemist or trained nurse, or at a hospital shall not
suffer any deduction from his/her pay for the time (not exceeding four hours)
so occupied on the day of the accident, and shall be reimbursed by the employer
all expenses reasonably incurred in connection with such attendance.
7.3.5 Year of Service
Year of service for the purpose of this clause means the
period between the date of commencement in employment in any year and the
anniversary of the commencement of employment in the next year.
7.3.6 Broken Service
7.3.6 (a) If an employee is terminated by his/her
employer and is re‑engaged by the same employer within a period of six
months then the employee's unclaimed balance of sick leave shall continue from
the date of re‑engagement.
7.3.6 (b) In such a case the employee's next year
of service will commence after a total of twelve months has been served with
that employer excluding the period of interruption in service from the date of
the commencement of the previous period of employment on the anniversary of the
commencement of the previous period of employment, as the case may be.
7.4 Personal/Carers
Leave
.
7.4.1 Use of Sick
Leave
7.4.1 (a) An employee other than a casual
employee, with responsibilities in relation to a class of person set out in
subparagraph (ii) of paragraph 7.4.1(c), who needs the employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement provided for in 7.3 - Sick Leave 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.
7.4.1 (b) The employees 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.
7.4.1 (c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
7.4.1 (d) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that persons relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
7.4.2 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the employer, to
take unpaid leave for the purpose of providing care and support to a member of
a class of person set out in subparagraph (ii) of paragraph (c) of subclause
(1) who is ill.
7.4.3 Use of Annual
Leave
7.4.3 (a) An employee may elect with the consent
of the employer, subject to clause 7.1 - Annual Leave, 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.
7.4.3 (b) Access to annual leave, as prescribed in
paragraph (a) of this subclause above, shall be exclusive of any shutdown
period provided for elsewhere under this award.
7.4.3 (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.
7.4.4 Use of Time Off
in Lieu of Payment for Overtime
7.4.4 (a) An employee may elect, with the consent
of the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
7.4.4 (b) Overtime taken as time off during
ordinary time hours shall be taken at the ordinary time rate, that is an hour
for each hour worked.
7.4.4 (c) If, having elected to take time as leave
in accordance with paragraph (a) of this subclause, the leave is not taken for
whatever reason payment for time accrued at overtime rates shall be made at the
expiry of the 12 month period or on termination.
7.4.4 (d) Where no election is made in accordance
with the said paragraph (a), the employee shall be paid overtime rates in
accordance with the award.
7.4.5 Use of Make-up
Time
7.4.5 (a) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off during ordinary hours, and works those hours at a later time,
during the spread of ordinary hours provided in the award, at the ordinary rate
of pay.
7.4.5 (b) An employee on shift work may elect,
with the consent of the employer, to work "make-up time" (under which
the employee takes time off ordinary hours and works those hours at a later
time), at the shift work rate which would have been applicable to the hours
taken off.
7.4.6 Use of Rostered
Days Off
7.4.6 (a) An employee may elect, with the consent
of the employer, to take a rostered day off at any time.
7.4.6 (b) An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
7.4.6 (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.
7.4.6 (d) This subclause is subject to the
employer informing each union which is both party to the award and which has
members employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
7.4.7 Bereavement
Leave
7.4.7 (a) An employee, other than a casual
employee shall be entitled to up to two days bereavement leave without
deduction of pay on each occasion of the death of a person prescribed for in
7.4.1(c), provided that for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
7.4.7 (b) The employee must notify the employer as
soon as practicable of the intention to take bereavement leave. If required by the employer, the employee
will provide to the satisfaction of the employer, proof of death.
7.4.7 (c) An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
7.4.7 (d) Bereavement leave may be taken in
conjunction with other leave available under 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.4.5
and 7.4.6. In determining such a
request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
7.5 Jury Service
Summary
Full time and part time employees attending for jury service
are entitled to have their pay made up to what they would have received for
working ordinary time. Employees must provide proof of attendance.
7.5.1 A full time
employee required to attend for jury service during his or her ordinary working
hours shall be reimbursed by the employer an amount equal to the difference
between the amount paid in respect of his or her attendance for such jury
service and the amount of wage he or she would have received in respect of the
ordinary time he or she would have worked had he or she not been on jury
service.
7.5.2 Where a part
time employee is required to attend for jury service and such attendance
coincides with a day on which the employee would normally be required to work,
payment shall be made to the employee in accordance with Clause 7.5.1.
7.5.3 An employee
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service. Further, the employee shall give the
employer proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
7.6 Parental Leave
See Industrial
Relations Act 1996 (NSW).
7.7 Public Holidays
Summary
This clause describes an employee's (other than a casual
employee) public holiday entitlements.
Full‑time employees are generally entitled to 11
specified public holidays per year without loss of pay.
Other days can be substituted for any of the specified days
by agreement between the employer and employees.
7.7.1 Prescribed
Holidays
7.7.1 (a) A full‑time employee under this
award is entitled to the following public holidays, without loss of pay:
New Year Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen's Birthday
Labour Day or Eight Hours' Day
Christmas Day
Boxing Day
Where another day is generally observed in a locality in
substitute for any of the above days, that day shall be observed as the public
holiday in lieu of the prescribed day.
7.7.1 (b) In addition to the public holidays
prescribed in 7.7.1(a), full‑time employees are entitled to the Tuesday
immediately following Easter Monday as an additional public holiday without
loss of pay but if that Tuesday is a gazetted or Proclaimed Public Holiday then
on another day mutually agreed between the employer and the employee. The additional holiday is not cumulative and
must be taken within each calendar year.
7.7.1 (c) Part‑time Employees
Refer to 4.2.4(e) to determine the public holiday
entitlements of part‑time employees.
7.7.1 (d) Substitution of Public Holidays by
Agreement at the Enterprise
(i) By agreement
between the employer and the majority of employees in the relevant enterprise
or section of the enterprise, an alternative day may be taken as the public
holiday in lieu of any of the prescribed days.
(ii) An employer
and individual employee may agree to the employee taking another day as the
public holiday in lieu of the day which is being observed as the public holiday
in the enterprise or relevant section of the enterprise.
7.7.1 (e) In addition to the days described in
7.7.1(a) and (b),any special days appointed by gazettal as a public holiday
throughout the State shall be deemed to be a public holiday for the purposes of
this Award.
7.7.2 Payment for
Time Worked on a Public Holiday
7.7.2 (a) Payment for Time Worked by Continuous
Shift Workers on a Public Holiday
(i) Refer to
6.2.4(a) to determine the pay entitlements of continuous shift workers working
on rostered shifts which fall on a public holiday.
(ii) Continuous
shift workers required to work overtime on a public holiday shall be paid at
double time. Refer to 6.5.10 and 6.5.11 to determine the rest break and meal
allowance entitlements of continuous shift workers who work overtime on a
public holiday.
(iii) Continuous
shift workers required to work on a public holiday shall be paid for a minimum
of four hours work.
7.7.2 (b) Payment for Time Worked by Non‑continuous
Shift Workers on a Public Holiday
(i) Refer to
6.2.4(b) to determine the pay entitlements of non‑continuous shiftworkers
working on rostered shifts which fall on a public holiday.
(ii) Non‑continuous
shift workers required to work overtime on a public holiday shall be paid at
double time and one half. The double time and a half is to be paid until the employee
is relieved from duty. Refer to 6.5.10 and 6.5.11 to determine the rest break
and meal allowance entitlements of non‑continuous shift workers who work
overtime on a public holiday.
(iii) Non‑continuous
shift workers required to work on a public holiday shall be paid for a minimum
of four hours work.
7.7.2 (c) Payment for Time Worked by Day Workers
on a Public Holiday
(i) Day workers
required to work on a public holiday shall be paid for a minimum of four hours
work at double time and one half. The double time and a half is to be paid
until the employee is relieved from duty.
7.7.3 Effect on
Payment for Holidays if Absent on Working Day Before or After
Where an employee is absent from his or her employment on
the working day before or the working day after a public holiday without
reasonable excuse or without the consent of the employer, he or she will not be
entitled to payment for the holiday.
7.7.4 Rostered Day
Off Falling on Public Holiday
7.7.4 (a) Except as provided for in 7.7.4(b),
where a full‑time employee's ordinary hours of work are structured to
include a day off and such day off falls on a public holiday, the employee is
entitled to, at the discretion of the employer, either:
7 hours and 36 minutes pay at ordinary rates; or
7 hours 36 minutes added to his or her annual leave; or
a substitute day off on an alternative week day.
This shall not apply where the rostered day off falls on a
Saturday or a Sunday.
7.7.4 (b) (i) Where
an employee has credited time accumulated (see 5.9.6), then such credited time
should not be taken as a day off on a public holiday.
(ii) If an
employee is rostered to take credited time as a day off on a week day and such
week day is prescribed as a public holiday after the employee was given notice
of the day off, then the employer shall allow the employee to take the time off
on an alternative week day.
(iii) Paragraphs
(i) and (ii) above shall not apply in relation to days off which are specified
in an employee's regular roster or pattern of ordinary hours. Paragraph
7.7.4(a) shall apply in such circumstances.
7.7.5 Public Holidays
Falling During a Period of Annual Leave
Refer to 7.1.2.
Part 8 - Miscellaneous
8.1 Clothing and
Equipment
(i) Where an
Employee as a result of performing any duty required by the employer, and as a
result of negligence of the employer, suffers any damage to or soiling of
clothing or other personal equipment, including spectacles and hearing aids,
the employer shall be liable for the replacement, repair or cleaning of such
clothing or personal equipment including spectacles and hearing aids.
(ii) An employee
shall not be required to provide more than the following items of equipment -
compasses, two set squares, protractor, a 12 inch scale (or metric equivalent)
and a slide rule.
(iii) Work in
Abnormal Conditions: Where an employee is required to work in abnormal
conditions as to temperature, height, dirt, oil wetness, danger and the like,
such reasonable precautions shall be taken by the employer as may be necessary
to facilitate the employee in carrying out his duties with a maximum of safety
and such employee shall be provided with all special clothing required for any
such abnormal conditions.
A. Lockers
The employer shall provide each employee with a locker or
drawer with a lock and key wherein the equipment ordinarily required for the
performance of his/her duties may be kept, and the employer shall thereby be
relieved of responsibility for loss of such equipment, except in the case of
fire.
SCHEDULE A - CLASSIFICATION DEFINITIONS
1.1 CLASSIFICATION
STRUCTURE
Classification
|
Classification Title
|
Minimum Training
|
Wage Relativity to
|
Number
|
|
Requirement
|
C10 after full
|
|
|
|
minimum rate and
|
|
|
|
broadbanding
|
|
|
|
adjustments
|
C1
|
Professional Engineer
|
Degree
|
180/210%
|
|
Professional Scientist
|
|
|
C2(b)
|
Principal Technical Officer
|
15 modules in addition
|
150%
|
|
|
to National Advanced
|
|
|
|
Diploma or equivalent
|
|
C2(a)
|
Leading Technical Officer
|
· 7
modules in
|
150%
|
|
Principal/Trainer/Supervisor/Co-
|
addition to National
|
|
|
ordinator
|
Advanced Diploma
|
|
|
|
· AQF 6
National
|
|
|
|
Advanced Diploma -
|
|
|
|
with 15 modules
|
|
|
|
minimum in supervision/
|
|
|
|
training or equivalent
|
|
C3
|
Engineering Associate - Level II
|
AQF 6 National
|
145%
|
|
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
C4
|
Engineering Associate 3rd year
|
22 Modules towards
|
135%
|
|
of - Level 1
|
National Advanced
|
|
|
|
Diploma or equivalent
|
|
C5
|
Engineering Technician - Level
|
AQF 5 - National
|
130%
|
|
V
|
Diploma or 15 modules
|
|
|
Advanced Engineering
|
towards National
|
|
|
Tradesperson Level II
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
C6
|
Engineering Technician - Level
|
12 modules towards
|
125%
|
|
IV
|
National Diploma or
|
|
|
Advanced Engineering
|
National Advanced
|
|
|
Tradesperson Level 1
|
Diploma or equivalent
|
|
C7
|
Engineering Technician Level
|
· AQF
Level 4
|
115%
|
|
III
|
National Certificate
|
|
|
Engineering Tradesperson
|
· 9
modules
|
|
|
- Special Class Level II
|
towards National
|
|
|
|
Diploma or National
|
|
|
|
Advanced Diploma
|
|
|
|
· 3
appropriate
|
|
|
|
modules in addition to
|
|
|
|
C8 or equivalent
|
|
C8
|
Engineering Technician - Level
|
· Higher
|
110%
|
|
II
|
Engineering
|
|
|
Engineering Tradesperson -
|
Tradesperson or
|
|
|
Special Class Level I
|
· 3
appropriate
|
|
|
|
modules in addition to
|
|
|
|
C9 or
|
|
|
|
· 6
modules
|
|
|
|
towards national
|
|
|
|
Diploma or National
|
|
|
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
C9
|
Engineering Technician - Level
|
· 3
appropriate
|
105%
|
|
I
|
modules in addition to
|
|
|
Engineering Tradesperson -
|
C10 or
|
|
|
Level II
|
· 3
modules
|
|
|
|
towards National
|
|
|
|
Diploma or National
|
|
|
|
Advanced Diploma or
|
|
|
|
equivalent
|
|
C10
|
Engineering Tradesperson -
|
Trade Certificate or
|
100%
|
|
Level 1
|
Engineering Production
|
|
|
Production Systems Employee
|
Certificate III or
|
|
|
|
equivalent
|
|
C11
|
Engineering/Production
|
Engineering Production
|
92.4%
|
|
Employee - Level IV
|
Certificate II or
|
|
|
|
equivalent
|
|
C12
|
Engineering/Production
|
Engineering Production
|
87.4%
|
|
Employee - Level III
|
Certificate I
|
|
C13
|
Engineering/Production
|
In-house training
|
82%
|
|
Employee Level II
|
|
|
C14
|
Engineering/Production
|
Up to 38 hours induction
|
78%
|
|
Employee Level I
|
training
|
|
Trainer/Supervisor/Coordinator
Level I ‑ 122% of the highest rate paid to those
supervised.
Level 2 ‑ 115% of the highest rate paid to those
supervised.
1.2 CLASSIFICATION
DEFINITIONS
Note: The following
classification definitions should be read in conjunction with:
· the stream
and field definitions in subclause 1.4.1 and 1.4.2 respectively;
· the
definitions of "or equivalent", "work within the scope of this
level" and "Engineering Associate" at the end of this Schedule;
· the National
Metal and Engineering Competency Standards Implementation Guide especially
Table 2 of that Guide which shows the alignment between old and new titles
under the Australian Qualifications Framework. For example Advanced
Certificates are now known as National Diplomas and Associate Diplomas as
National Advanced Diplomas.
Trainer/Supervisor/Coordinator ‑ Level I
A Trainer/Supervisor/Coordinator ‑ Level I is an
employee who is responsible for the work of other employees and/or provision of
structured on‑the‑job training. Such an employee has completed 9
modules of training in supervision and/or training.
Despite the above definition, an employee who has not
completed the specified training or equivalent for this level may enter this
classification consistent with 6.5.2 of the Implementation Guide until such
times as competency standards for this level are finalised.
Trainer/Supervisor/Coordinator ‑ Level II
A Trainer/Supervisor/Coordinator ‑ Level II is an
employee who is responsible for supervision and/or training of Trainers/Supervisors/Coordinators
‑ Level I. Such an employee has completed 15 modules of training in
supervision and/or training.
Despite the above definition, an employee who has not
completed the specified training or equivalent for this level may enter this
classification consistent with 6.5.2 of the Implementation Guide until such
times as competency standards for this level are finalised.
WAGE GROUP: C14
Engineering/Production Employee ‑ Level I
An Engineering/Production Employee ‑ Level I is an
employee who is undertaking up to 38 hours induction training which may include
information on the enterprise, conditions of employment, introduction to
supervisors and fellow workers, training and career path opportunities, plant
layout, work and documentation procedures, occupational health and safety,
equal employment opportunity and quality control/assurance.
An employee at this level performs routine duties
essentially of a manual nature and to the level of his/her training:
(i) performs
general labouring and cleaning duties
(ii) exercises
minimal judgement
(ii) works under
direct supervision; or
(iv) is undertaking
structured training so as to enable them to work at the C13 level.
WAGE GROUP: C13
Engineering/Production Employee ‑ Level II
An Engineering/Production Employee ‑ Level II is an
employee who has completed up to three months structured training so as to
enable the employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the
skills of an employee at C14 and to the level of his/her skills, competence and
training.
(i) Works in
accordance with standard operating procedures and established criteria;
(ii) Works under
direct supervision either individually or in a team environment;
(ii) Understands
and undertakes basic quality control/assurance procedures including the ability
to recognise basic quality deviations/faults;
(iv) Understands
and utilises basic statistical process control procedures;
(v) Follows safe
work practices and can report workplace hazards.
WAGE GROUP: C12
Engineering/Production Employee ‑ Level III
An Engineering/Production Employee ‑ Level III is an
employee who has completed an Engineering Production Certificate I or
equivalent so as to enable the employee to perform work within the scope of
this level.
An employee at this level performs work above and beyond the
skills of an employee at C13 and to the level of his/her skills, competence and
training.
(i) Is
responsible for the quality of his/her own work subject to routine supervision;
(ii) Works under
routine supervision either individually or in a team environment;
(iii) Exercises
discretion within his/her level of skills and training;
(iv) Assists in the
provision of on the job training.
WAGE GROUP: C11
Engineering/Production Employee ‑ Level IV
An Engineering/Production Employee ‑ Level IV is an
employee who has completed an Engineering Production Certificate II or
equivalent so as to enable the employee to perform work within the scope of
this level.
An employee at this level performs work above and beyond the
skills of an employee at C12 and to the level of his/her skills, competence and
training.
(i) Works from
complex instructions and procedures;
(ii) Assists in
the provision of on‑the‑job training;
(iii) Co‑ordinates
work in a team environment or works individually under general supervision;
(iv) Is responsible
for assuring the quality of his/her own work.
WAGE GROUP: C10
Engineering Tradesperson ‑ Level I
An Engineering Tradesperson ‑ Level I is an employee
who holds a trade certificate or tradespersons rights certificate as an:
(i) Engineering
Tradesperson (Mechanical) ‑ Level I;
(ii) Engineering
Tradesperson (Fabrication) ‑ Level I;
(iii) or equivalent
and is able to exercise the skills and knowledge of the
engineering trade so as to enable the employee to perform work within the scope
of this level.
An Engineering Tradesperson ‑ Level I works above and
beyond an employee at C11 and to the level of his/her skills, competence and
training.
(i) Understands
and applies quality control techniques;
(ii) Exercises
good interpersonal and communications skills;
(iii) Exercises
keyboard skills at a level higher than C11;
(iv) Exercises
discretion within the scope of this classification level;
(v) Performs work
under limited supervision either individually or in a team environment;
(vi) Operates
lifting equipment incidental to his/her work;
(vii) Performs non‑trade
tasks incidental to his/her work;
(viii) Performs work
which while primarily involving the skills of the employee's trade is
incidental or peripheral to the primary task and facilitates the completion of
the whole task. Such incidental or peripheral work would not require additional
formal technical training;
(ix) Able to
inspect products and/or materials for conformity with established operational
standards.
Production Systems Employee
A Production Systems Employee is an employee who, while
still being primarily engaged in Engineering /Production work applies the
skills acquired through the successful completion of a certificate III level
qualification or equivalent in the production, distribution, or stores
functions.
A Production Systems Employee is an employee who has
completed an Engineering Production Certificate III or equivalent so as to
enable the employee to perform work within the scope of this level.
A Production Systems Employee works above and beyond an
employee at C11 and to the level of his/her skills, competence and training
(i) Understands
and applies quality control techniques;
(ii) Exercises
good interpersonal communications skills;
(iii) Exercises
discretion within the scope of this classification level;
(iv) Exercise
keyboard skills at a level higher than C11;
(v) Performs work
under limited supervision either individually or in a team environment;
(vi) Able to
inspect products and/or materials for conformity with established operational
standards.
WAGE GROUP: C9
Engineering Tradesperson ‑ Level II
Engineering Technician ‑ Level I
An Engineering Tradesperson ‑ level II is an:
(i) Engineering
Tradesperson (Mechanical) ‑ Level II; or
(ii) Engineering
Tradesperson (Fabrication) ‑ Level II:
who has completed the following training requirements:
(i) Three
appropriate modules in addition to the training requirements of C10 level; or
(ii) Three
appropriate modules towards a National Diploma; or
(iii) Three
appropriate modules towards an Advanced Diploma; or equivalent.
An Engineering Tradesperson ‑ Level II works above and
beyond a tradesperson at C10 and to the level of his/her skills and competence
and training performs work within the scope of this level.
(i) Exercises
discretion within the scope of this classification;
(ii) Works under
limited supervision either individually or in a team environment;
(iii) Understands
and implements quality control techniques;
(iv) Provide trade
guidance and assistance as part of a work team;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level I
An Engineering Technician ‑ Level I is an employee who
has the equivalent level of training of a C9 Engineering Tradesperson or
equivalent so as to enable the employee to apply skills within the scope of
this level. The skills exercised by the Engineering Technician Level I are in
the technical fields as defined by this Award including draughting, planning or
technical tasks requiring technical knowledge.
At this level the employee is engaged on routine tasks in the
technical fields.
WAGE GROUP: C8
Engineering Tradesperson ‑ Special Class Level I
Engineering Technician ‑ Level II
A Special Class Engineering Tradesperson ‑ Level I
means a:
(i) Special Class
Engineering Tradesperson (Mechanical) ‑ Level I; or
(ii) Special Class
Engineering Tradesperson (Fabrication) ‑ Level I;
(iii) Higher
Engineering Tradesperson
who has completed the following training requirement:
(i) Six
appropriate modules in addition to the training requirements of C10 level; or
(ii) Six
appropriate modules towards a National Diploma; or
(iii) Six
appropriate modules towards an Advanced Diploma;
(iv) a Higher
Engineering Tradesperson apprenticeship; or equivalent.
An Engineering Tradesperson Special Class ‑ Level I
works above and beyond a tradesperson at C9 and to the level of his/her skills,
competence and training performs work within the scope of this level.
(i) Provides
trade guidance and assistance as part of a work team;
(ii) Assists in
the provision of training in conjunction with supervisors and trainers;
(iii) Understands
and implements quality control techniques;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level II
An Engineering Technician ‑ Level II is an employee
who has the equivalent level of training of a C8 Engineering Tradesperson
Special Class ‑ Level I or equivalent so as to enable the employee to
apply skills within the scope of this level. The skills exercised by the
Engineering Technician Level II are in the technical fields as defined by this
Award including draughting, planning or technical tasks requiring technical
knowledge.
At this level the employee is required to exercise judgment
and skill in excess of that required at C9 under the supervision of technical
or professional staff.
WAGE GROUP: C7
Engineering Tradesperson ‑ Special Class Level II
Engineering Technician ‑ Level III
A Special Class Engineering Tradesperson ‑ Level II
means a:
(i) Special Class
Engineering Tradesperson (Mechanical) ‑ Level II; or
(ii) Special Class
Engineering Tradesperson (Fabrication) ‑ Level II.
who has completed the following training requirement:
(i) Three
appropriate modules in addition to the requirements of C8 level; or
(ii) Nine
appropriate modules towards an Advanced Certificate; or
(iii) Nine
appropriate modules towards an Associate Diploma;
(iv) an AQF Level 4
National Certificate; or equivalent.
An Engineering Tradesperson ‑ Special Class Level II
works above and beyond a tradesperson at C8 and to the level of his/her skills,
competence and training performs work within the scope of this level.
(i) Is able to
provide trade guidance and assistance as part of a work team;
(ii) Provides
training in conjunction with supervisors and trainers;
(iii) Understands
and implements quality control techniques;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs non‑trade
tasks incidental to his/her work.
NB: The AQF 4 National Certificate referred to in this
definition is not directly comparable with existing post‑trade
qualifications and the possession of such qualifications does not itself
justify classification of a tradesperson to this level.
Engineering Technician ‑ Level III
Engineering Technician ‑ Level III is an employee who
has the equivalent level of training of a C7 ‑ Engineering Tradesperson
Special Class Level II or equivalent so as to enable the employee to apply
skills within the scope of this level. The skills exercised by the Engineering
Technician Level III are in the technical fields as defined by this Award including
draughting, planning or technical tasks requiring technical knowledge.
At this level the employee is engaged in detail draughting
and/or planning or technical duties requiring judgement and skill in excess of
that required of a technician at C8 under the supervision of technical or
professional staff;
WAGE GROUP: C6
Advanced Engineering Tradesperson ‑ Level I
Engineering Technician ‑ Level IV
An Advanced Engineering Tradesperson ‑ Level I means
an:
(i) Advanced
Engineering Tradesperson (Mechanical) ‑ Level I; or
(ii) Advanced
Engineering Tradesperson (Fabrication) ‑ Level I who has completed:
· 12
appropriate modules of a National Diploma; or
· 12
appropriate modules of an Advanced Diploma; or equivalent.
An Advanced Engineering Tradesperson ‑ Level I works
above and beyond a tradesperson at C7 and to the level of his/her skills,
competence and training performs work within the scope of this level.
(i) Undertakes
quality control and work organisation at a level higher than for C7;
(ii) Provides
trade guidance and assistance as part of a work team;
(iii) Assists in
the provision of training to employees in conjunction with
supervisors/trainers;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Prepares
reports of a technical nature on specific tasks or assignments;
(vi) Exercises
broad discretion within the scope of this level;
(vii) Operates
lifting equipment incidental to his/her work;
(viii) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level IV
An Engineering Technician ‑ Level IV is an employee
who has the equivalent level of training of a C6 ‑ Advanced Engineering
Tradesperson Level I or equivalent so as to enable the employee to apply skills
within the scope of this level. The skills exercised by the Engineering
Technician Level IV are in the technical fields as defined by this Award
including draughting, planning or technical tasks requiring technical
knowledge.
At this level the employee is engaged in detail draughting
and/or planning and/or technical duties requiring judgement and skill in excess
of that required of a technician at C7 under the supervision of technical
and/or professional staff
WAGE GROUP: C5
Advanced Engineering Tradesperson ‑ Level II
Engineering Technician ‑ Level V
An Advanced Engineering Tradesperson ‑ level II means
an:
(i) Advanced
Engineering Tradesperson (Mechanical) ‑ Level II; or
(ii) Advanced
Engineering Tradesperson (Fabrication) ‑ Level II who has completed:
· A National
Diploma; or
· 15 modules
or 2nd year part time of an Advanced Diploma;
or Equivalent
An Advanced Engineering Tradesperson ‑ Level II works
above and beyond a tradesperson at C6 and to the level of his/her skills,
competence and training performs work within the scope of this level.
(i) Provides
technical guidance or assistance within the scope of this level;
(ii) Prepares
reports of a technical nature on tasks or assignments within the employee's
skills and competence;
(iii) Has an
overall knowledge and understanding of the operating principle of the systems
and equipment on which the tradesperson is required to carry out his/her task;
(iv) Assists in the
provision of on‑the‑job training in conjunction with supervisors
and trainers;
(v) Operates
lifting equipment incidental to his/her work; .
(vi) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician ‑ Level V
An Engineering Technician ‑ Level V is an employee who
has the equivalent level of training of a C5 ‑ Advanced Engineering
Tradesperson Level II or equivalent so as to enable the employee to apply
skills within the scope of this level. The skills exercised by the Engineering
Technician Level V are in the technical fields as defined by this Award including
draughting, planning or technical tasks requiring technical knowledge.
At this level the employee is required to exercise judgment
and skill in excess of that required at level C6.
WAGE GROUP: C4
Engineering Associate ‑ Level I
An Engineering Associate ‑ Level I means an employee
who works above and beyond a technician at level C5 and has successfully
completed third year part‑time (or 22 modules) of an Advanced Diploma or
equivalent and is engaged in:
(i) Making of
major design drawings or graphics or performing technical duties in a specific
field of engineering, laboratory or scientific practice such as research
design, testing, manufacture, assembly, construction, operation, diagnostics
and maintenance of equipment facilities or products, including computer
software, quality processes, occupational health and safety and/or standards
and plant and material security processes and like work; or
(ii) Planning of
operations and/or processes including the estimation of requirements of
staffing, material cost and quantities and machinery requirements, purchasing
materials or components, scheduling, work study, industrial engineering and/or
materials handling process.
WAGE GROUP: C3
Engineering Associate ‑ Level II
An Engineering Associate ‑ Level II means an employee
who works above and beyond an Engineering Associate at level C4 and has
successfully completed an advanced diploma or the equivalent level of
accredited training and is engaged in:
(i) Performing
draughting, or planning or technical duties which require the exercise of
judgment and skill in excess of that required by an engineering associate at
level C4; or
(ii) Possesses the
skills of an Engineering Associate ‑ Level I in a technical field and
exercises additional skills in a different technical field as defined.
WAGE GROUP: C2(a)
Leading Technical Officer
Principal Engineering Trainer/Supervisor/Coordinator
Leading Technical Officer means an employee who works above
and beyond an Engineering Associate ‑ Level II at level C3 and has
successfully completed seven modules in addition to an advanced diploma or
equivalent An employee at C2(a) is able to perform or coordinate work in more
than one engineering, scientific or technical field as defined, or performs
duties in a technical, engineering or scientific field which requires the
exercise of judgement and/or skill in excess of that required of an Engineering
Associate ‑ Level II.
Principal Engineering Trainer/Supervisor/Coordinator
Principal Engineering Trainer/Supervisor/Coordinator means a
Trainer/Supervisor/ Coordinator who has completed a National Advanced Diploma
of which 15 modules are supervision/training modules or equivalent and who when
engaged at this level:
(i) Possesses a
sound knowledge of occupational health and safety, industrial relations, and
communications processes and is able to use this knowledge in training and
leading the work of others;
(ii) Possesses a
general knowledge and awareness of the administrative, business, and marketing
strategies of the enterprise;
Indicative of the tasks which an employee at this level may
perform are as follows:
· Plans,
writes and delivers training programs for all engineering/production employees,
apprentices, trainees, trade and lower technical levels;
· Plans and
directs the work of engineering/production employees especially in new work
organisation environments, eg, group work arrangements, CIM production
techniques.
WAGE GROUP: C2(b)
Principal Technical Officer
A Principal Technical Officer works above and beyond an
employee at the C2a level and who has successfully completed fifteen modules of
accredited training in addition to an advanced diploma or equivalent. Within
organisational policy guidelines and objectives a principal technical officer:
(i) Performs work
requiring mature technical knowledge involving a high degree of autonomy,
originality and independent judgement;
(ii) Looks after
and is responsible for projects and coordinating such projects with other areas
of the organisation as required by the operation of the organisation;
(iii) Is
responsible for the coordination of general and specialist employees engaged in
projects requiring complex and specialised knowledge;
(iv) Plans and
implements those programs necessary to achieve the objectives of a particular
project;
(v) In the
performance of the above functions, applies knowledge and/or guidance relevant
in any or all of the fields of designing, planning and technical work as
required by the company's operation;
(vi) Operates
within broad statements of objectives without requiring detailed instructions;
or
(i) Performs work
at the above level of skill in a particular technical field;
(ii) Has as the
overriding feature of his/her employment the ability to perform creative,
original work of a highly complex and sophisticated nature;
(iii) Provides
specialised technical guidance to other employees performing work within the
same technical field.
"Or equivalent"
Where it appears in these classification definitions, the
phrase "or equivalent" means:
(i) Any training
which a registered provider (eg. TAFE), or by a State Recognition authority
which has been recognised as equivalent to an accredited course which the
Manufacturing Engineering and Related Services Industry Training Advisory Body
(MERSITAB) recognises for this level. This can include advanced standing
through recognition of prior learning and/or overseas qualifications
OR
(ii) Where
competencies meet the requirements set out in the MERSITAB competency standards
in accordance with the National Metal and Engineering Competency Standards
Implementation Guide.
"Work within the scope of this level"
Where it appears in these classification definitions, the
phrase "work within the scope of this level" means:
1. For an
employee who does not hold a qualification listed as a minimum training
requirement, the employee shall apply skills within the enterprise selected in
accordance with the Implementation Guide. Competencies selected must be
MERSITAB competency standards.
2. Where an
employee has a qualification, section 5.1.3(c)(ii) of this Award should be
followed.
Engineering Associate
Where it appears in these classification definitions, the
phrase "Engineering Associate" is defined as a generic term which
includes technical officers in a wide range of disciplines including
laboratories and quality assurance; draughting officers; planners and other
para‑professionals.
SCHEDULE B
Comparative schedule of old classifications and new
broadbanded wage levels
Old Classification New
Classification Level
Tracer
Years of experience as such:
‑ first 12E
‑ thereafter 12B
Draughtsman ‑ detail
Planning assistant
Technical assistant
Years of experience as such:
‑ first 9D
‑ second and
third 9A
‑ fourth 9A plus 2%
‑ thereafter 9A plus 7%
Draughtsman ‑ design
Production planner and technical officer
Technician
Years of experience:
‑ first 4B
‑ second 4A
‑ thereafter 4A plus 5%
Leading tracer, leading detail draughtsman, leading
technical assistant, leading planning Trainer/assistant, leading draughtsman ‑
design, supervisor/leading technician, leading planning technician co‑ordinator leading technical
officer, leading production-technical planner, leading design draughtsman.
SCHEDULE C
Industries and Callings
All persons employed as draughtsmen, tracers, technical
officers, technical assistants, supervisors of engineering production and
planners of engineering production, construction or maintenance work and
trainees and cadets in any of the aforementioned occupations in the State,
excluding the County of Yancowinna;
excepting employees of the Crown;
and excepting employees in or about metalliferous and
limestone mines, in or in connection with mining for minerals, other than coal
and shale, in or about diamond and gem-bearing mines, mining dredges, ore
sluicing processes, ore smelting, refining treatment and reduction works;
And excepting also persons employed by ‑
The Australian Gas Light Company;
Newcastle Gas Company Limited;
The Hunter District Water Board;
The Water Board;
The Maritime Services Board;
The Water Resources Commission;
State Rail Authority of New South Wales;
State Transit Authority of New South Wales;
Roads and Traffic Authority of New South Wales;
South Maitland Railways Pty Ltd;
The United Dental Hospital of Sydney;
The Electricity Commission of New South Wales, trading as
Pacific Power;
Southern Copper Pty Limited;
Sydney Electricity;
Metal Manufactures Limited;
Incitec Pty Limited
Austral Standard Cables Proprietary Limited, in and about
the works of the said companies at Port Kembla.
and excepting also-
Persons employed in the coal mining industry; and
Persons employed by municipal, shire and county councils.
and excepting also employees within the jurisdiction of the
following Conciliation Committees-
Iron and Steel Works Employees (Australian Iron and Steel
Proprietary Limited);
Australian Wire Industries Pty Ltd - Newcastle Ropery;
Steel Works Employees (Broken Hill Proprietary Company
Limited);
Special Steels and Steel Products Manufacture (Commonwealth
Steel Company Limited);
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Unanderra;
Australian Wire Industries Pty Ltd - Sydney Wiremill;
Australian Wire Industries Pty Ltd - Newcastle Wiremill;
Cement Workers, &c. (State);
Tubemakers if Australia Limited, Yennora;
Tubemakers of Australia Limited, Newcastle;
Quarries (Australian Iron and Steel Pty Limited);
Quarries &c. (Broken Hill Proprietary Company Limited);
Colonial Sugar Refining Co. Limited (Concord Works);
Metalliferous Miners, &c. General (State);
Metalliferous Miners, &c. General (State) No 2;
Scientific officers, Chemists and Chemical Engineers
(State);
University Employees, &c. (State);
Smelting, &c. (Electrolytic R. & S. Company,
&c.);
Smelting (Sulphide Corporation Limited);
Australian Gas Light Company (Salaried Division);
Newcastle Gas Company Limited (Salaried Division);
AGL Sydney Limited (Wages Division);
Shortland County Council;
County Councils (Electricity Undertakings) Employees.
P. J.
SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.