TEXTILE INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice
of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1311
of 2001)
Before Commissioner O'Neill
|
27 July 2001
|
REVIEWED AWARD
PART
A
1. ARRANGEMENT
Clause No.
|
Subject Matter
|
1.
|
Arrangement
|
2.
|
Definitions
|
3.
|
Demarcation of Work
|
4.
|
Grievance Procedure
|
5.
|
Rates of Pay
|
6.
|
Apprenticeships
|
7A.
|
Adult Apprenticeships
|
8.
|
Enterprise Bargaining
|
9.
|
Rates for Juniors
|
9.
|
Traineeships
|
10.
|
Additional Payments
|
11.
|
Payment of Wages
|
12.
|
Deduction from Wages
|
13.
|
Payment by Results Systems
|
14.
|
Mixed Functions
|
15.
|
Hours of Work
|
16.
|
Implementation of 38-Hour Week
|
17.
|
Procedure for In-plant Discussions
|
18.
|
Overtime
|
19.
|
Time Off in Lieu of Overtime
|
20.
|
Shifts
|
21.
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Seven-day Continuous Shift Work
|
22.
|
Terms of Engagement
|
23.
|
Part-time Employment
|
24.
|
Casual Employment
|
25.
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Meal Hours - Meal Intervals - Crib Times
|
26.
|
Public Holidays
|
27
|
Sunday Work
|
28.
|
Sick Leave
|
29.
|
Personal Carer's Leave
|
30.
|
Blood Donors
|
31.
|
Accident Pay
|
32.
|
Bereavement Leave
|
33.
|
Jury Service
|
34.
|
Parental Leave
|
35.
|
Annual Leave
|
36.
|
Trade Union Training Leave
|
37.
|
Proportion of Juniors
|
38.
|
Limitations
|
39.
|
General
|
40.
|
Notice Boards
|
41.
|
Award Posted
|
42.
|
Shop Stewards
|
43.
|
Right of Entry
|
44.
|
Union Conference Delegates
|
45.
|
Certificate of Service
|
46.
|
Time and Wages Book
|
47.
|
Aged or Infirm Workers
|
48.
|
Outdoor Workers
|
49.
|
Emergency Electricity Provisions
|
50.
|
Anti -Discrimination
|
51.
|
Introduction of Change
|
52.
|
Redundancy
|
53.
|
Superannuation
|
54.
|
National Training Wage
|
55.
|
Area, Incidence and Duration
|
56.
|
Operation of Award
|
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Schedule "A" - Consultative Committees
Schedule "B" - Procedure to be Adopted in Developing
an Enterprise Agreement
Schedule "C" - Code of Conduct on Twelve-hour Shifts
Schedule "D" - Old Classification Structure*
* Former Transitional Wages classification system to
facilitate the introduction of skill levels in December 1998. Retained for historical reference only.
Schedule "E" Form
of Indenture of Apprenticeship
Schedule "F’ Translation
Procedure
2. DEFINITIONS
2.1 "Assistant
foreman/woman and/or overlooker" means an employee appointed as such by
the management.
2.2 "Consent
of or notice to the claimant Union" means consent of or notice to the
Secretary of The Textile Clothing & Footwear Union of New South Wales.
2.3 "Designer
- Creative" means an employee engaged as such and who in the course of his
employment is required to create original designs and master sketches and may
supervise and correct the work of other designers and technical drawers.
2.4 "Designer
- Other" means an employee engaged as such and who is required to produce
master sketches from designs supplied by the employer and in doing so may be
required to adapt or correct such designs, or is required to produce original
drawings (not being master sketches) or adaptations.
2.5 "Experience" for the purpose
of calculating rates of pay under clauses 5 and 8 shall include all experience
in the classification concerned, whether gained as a junior or as an adult.
2.6 "Fancy Warper Woollen and Worsted
Division" means an employee who in the construction of warps containing
different counts, shades, qualities or twists of yarn, uses two or more colours
or where yarn is of a similar count, shade, quality or twist, three or more
colours.
2.7 "High
Rise Stacker Operator" means an operator of a device known as a high rise
stacker where both the operator and the lift ascend with the load above floor
level of up to 12 metres. A high rise stacker operator in addition to being a
qualified fork lift driver shall have undertaken additional training and be
qualified to operate a high rise stacker in accordance with the various labour
and industry Acts.
2.8 "Industrial
Agreement" referred to in clause 15, Mixed Functions, means an industrial
agreement registered under the Industrial
Relations Act 1996.
2.9 "Instructor"
means an employee trained as an instructor and appointed by management to
instruct employees in the duties of their classifications.
2.10 "Leading
Hand" means an employee who, under the direction of the management,
supervises the work of a shift or gang of other employees in accordance with
subclause 5.9.
2.11 "Machine
Operator and/or Attendant" means an employee who in the course of their
duty is called upon to operate a machine and does not include an employee whose
sole duty is carrying material to and from a machine.
2.12 "Recorder"
means an employee whose main duties are entering of production figures on
tickets and/or sheets, weighing and/or classifying the materials and/or making
simple book entries.
2.13 "Sewing
Machine Mechanic" means an employee -
2.13.1 who
has served an apprenticeship as such or who, in the view of the employer and
the union, has undergone equivalent training and/or experience; and
2.13.2 who
is engaged to assemble, adjust, test and lubricate, to dismantle machines and
trace faults, to repair and replace mechanisms and to be able to make and
install a multiplicity of attachments and to use all tools commonly used in the
industry for the correct and efficient operation of all sewing machines.
2.14 "Textile
Mechanic" means an employee -
2.14.1 who
has served an apprenticeship as such or who, in the view of the employer and
the union, has undergone equivalent training and/or experience; and
2.14.2 who
possesses a knowledge of yarns, fabrics, cloth structure and designs and the
ancillary processes connected with the different types of machinery; and
2.14.3 who
is engaged in the maintenance, mechanical adjustments, assembling, dismantling,
replacement of parts (other than those parts replaced by machine operators in
the course of their normal duties), and to be able to make and install
attachments, and to use all tools commonly used in the industry, and setting of
different types of machines for their correct and efficient operation, and all
things incidental thereto.
2.15 "Technical Drawer" means an
employee engaged as such, who in the performance of their duties prepares
stencils or films for screen printing by tracing or working from master
sketches or similar art work or designs.
2.16 "Textile
Mechanic Special Class and Textile Mechanic (Sewing Machine) Special
Class" means a textile mechanic (as defined) who is principally engaged in
servicing and maintaining complex equipment requiring the application of
additional knowledge.
In this definition "complex equipment" means
textile production equipment with control systems derived from advanced
electronic, pneumatic, hydraulic or robotic technology. "Additional
knowledge" means knowledge in excess of that of the textile mechanic which
has been acquired by the textile mechanic by virtue of:
2.16.1 having had not less
than two years' on-the-job experience as a textile mechanic working mainly on
such complex equipment as will enable the textile mechanic to perform such work
unsupervised, where necessary and practicable; and
2.16.2 having by virtue of
either the satisfactory completion of a post-trade course relevant to that
equipment or the achievement of a comparable standard of knowledge by other
means, including on-the-job training and the experience referred to in paragraph
2.16.1 hereof, gained a sufficient comprehension of such complex equipment as
will enable the textile mechanic to perform such work.
2.17 "Union"
means The Textile Clothing & Footwear Union of New South Wales.
2.18 "Wool
Store" shall mean a department in the Industry where untreated wool is
stored in bulk.
2.19 "Storeman/woman"
mean an employee (other than "warehouse employee") who is responsible
for and whose work includes substantially the following:
Loading and unloading, taking or assigning goods to
appropriate storage areas; processing orders, packing and unpacking of cartons,
parcels, crates or some such container; checking and keeping records of inflows
and outflows of goods from the store area.
Provided that "storeman/woman" shall not
include:
2.19.1 an
employee who in the course of manufacture merely encloses goods in the uniform
container or containers in which such goods are ordinarily sold by the
manufacturer;
2.19.2 an
employee employed solely in cleaning or labouring duties in or about a store or
in connection with the work of a storeman/woman, and shall not be deemed, by
reason only of their performance of such duties, to come within the said
definition;
2.19.3 a
foreperson or other person in charge in such store or place who does not
ordinarily work manually therein as a storeman/woman.
2.20 "Warehouse
employee" means an employee (other than storeman/woman) performing up to
any two of the following functions:
2.20.1 Sorting
and Storing - Assist in unloading trucks, trolleys or other transportation
device. Sort or check goods and take
them to appropriate places (bins, shelves, stacks) in warehouse for storage.
Enter on cards or labels.
2.20.2 Order
Processing - Make up orders to specifications by selecting goods from storage
places in warehouse and assembling them for packing or parcelling. Enter on
cards or labels.
2.20.3 Wrapping
or Packing - Check, pack or wrap assembled goods, address and weigh. Assist in
loading. Enter on cards or labels.
Provided that any person performing more than two of
the above functions shall be classified as storeman/woman.
Provided also that an employee engaged exclusively in
sorting and/or despatching of goods partly processed within an establishment
and held in a storage area pending further processing within that establishment
shall be regarded as a warehouse employee.
Provided further that "warehouse employee"
shall not include:
(i) an employee
who in the course of manufacture merely encloses goods in the uniform container
or containers in which such goods are ordinarily sold by the manufacturer;
(ii) an employee
employed solely in cleaning or labouring duties in or about a warehouse or in
connection with the work of a warehouse; he/she shall not be deemed, by reason
only of their performance of such
duties to come within the said definitions;
(iii) a foreman or
other person in charge in such warehouse or place who does not ordinarily work
manually therein as a warehouse employee.
2.21 "Pedestrian
Fork Lift Operator" means an employee operating from a standing position
adjacent to a self-powered fork lift appliance with which loads are handled,
either solely by means of forks or tines mounted on a sliding carriage, or a
vertical or near vertical mast, or by such means together with the use of a
jib, ram, grab or other attachment.
This definition specifically excludes spillage trucks or other
appliances designed to lift and move a pallet or pallets within 30 cm of floor
level.
Notwithstanding anything elsewhere contained in this
subclause, when any pedestrian fork lift is used for the loading or unloading
of vehicles or trucks the operator of such pedestrian fork lift shall be paid
at the rate of pay for a fork lift driver as prescribed by this award.
3. DEMARCATION
OF WORK
3.1 In the
manufacture of knitted piecegoods and (excepting babywear) the making up
therefrom of suits, coats, trousers, culottes, frocks, dresses, dressing gowns,
tracksuits, slacksuits, blouses, shorts and/or like garments.
Where the knitting and making up are carried out by the
one employer in the same establishment, the knitting work shall be subject to
the Textile Industry (State) Award, and the work of making up to the Clothing
Trades (State) Award.
3.2 In the
manufacture of knitted piecegoods and the making up therefrom of all garments
other than those specified in paragraph 3.1 hereof:
Where the piecegoods are knitted by an employer and the
making up is completed at the same or another establishment by the same
employer, both the work of knitting of the piecegoods and making up shall be
subject to the Textile Industry (State) Award.
3.3 In the
manufacture of knitted piecegoods and the making up of all garments:
Where the piecegoods are knitted by one employer and
the garments are made up by another employer the knitting shall be subject to
the Textile Industry (State) Award and the work of making up shall be subject
to the Clothing Trades (State) Award.
3.4 Provided that
in an establishment where the making up of knitted piecegoods constitutes such
a minor amount of the employer's total operations so as to render the
observance of subclause 3.1 unreasonable the employer may on application to the
Industrial Relations Commission be exempted from the obligation to observe the
provisions of the Clothing Trades (State) Award.
4. GRIEVANCE
PROCEDURE
4.1 Where an
employee or the shop steward has submitted a request or complaint concerning
any matter directly connected with employment or job conditions to a foreman or
a more senior representative of management and has not received satisfaction
the employee may refer the matter to a shop steward or if the matter has been
raised by a shop steward he may refer the matter to the appropriate executive
of the employer concerned.
4.2 The matter
shall be discussed between the shop steward and the appropriate executive.
4.3 If the matter
is not settled between the shop steward and the appropriate executive of the
employer the matter shall then be referred by the shop steward to the Secretary
of the union and a meeting shall be arranged between the employer and if the
employer so desires their association and the union and a conference shall take
place as soon as practicable.
4.4 If the matter
is not settled in accordance with subclause 50.3 of this clause the matter
shall be notified to the Industrial Registrar.
4.5 Where the
above procedures are followed work shall continue normally. No party shall be prejudiced as to the final
settlement by the continuance of work in accordance with this subclause.
4.6 Notwithstanding
anything contained in the preceding subclauses of this clause, the parties
shall be free to exercise their rights if the dispute is not finalised without
unreasonable delay.
4.7 This clause
shall not apply to any dispute as to a bona fide safety issue.
5. RATES OF PAY
5.1 Adults - An
adult employee graded in accordance with the skill level classification
structure and the descriptors as defined in subclause 5.5 (other than an
apprentice, junior employee or any employee subject to the provisions of clause
47, Aged or Infirm Workers), shall be paid at the award rate per week assigned
to that skill level classification as set out in Table 1 - Rates of Pay of Part
B, Monetary Rates.
5.2 An adult
weekly worker shall be paid not less than the award rate specified in paragraph
5.1. The award rate is comprised of the
base rate plus the supplementary payment specified in paragraph 5.1.
5.3 Calculation of
Wage Rates - State Wage Case Decisions - In circumstances where award wages are
to be increased as a result of State Wage Case decisions the amount of the
increase shall be calculated and applied to the Wages Schedule prescribed in
the said Table 1.
5.3.1 Whenever
the State Wage Case decision provides that award wages be increased by a
percentage or a flat money amount, the award wage shall be increased by
applying the same percentage and/or adding the same money amount.
5.3.2 The
results of the calculations to the base rate and award wage shall be rounded
off in accordance with the State Wage Case decision.
5.3.3 Whenever
the State Wage Case decision provides that award wages be increased by the
application of a "plateau" formula, the "plateau" level for
the purposes of this award shall be determined by reference to the base rates.
The increase shall then be calculated in accordance
with subparagraphs 5.3.1 and 5.3.2 hereof.
The rates of pay in this award include the adjustments
payable under the State Wage Case May 2001, as set out in the said Table 1,
Rates of Pay in Part B - Monetary Rates. This adjustment may be offset against:
(A) any equivalent
overaward payments, and/or
(B) award wage
increases since 29 May 1991 other than safety net adjustments and minimum rates
adjustments.
5.4 Minimum Wage -
5.4.1 Notwithstanding
the provisions of this subclause, an adult employee whose weekly wage rate
payable pursuant to this subclause for ordinary hours of work together with
overaward or payment by results amounts is less than the amount as set in Table
1, shall be paid in addition an allowance of such amount as will bring his or
her rate of pay for such hours to the said respective amount for that week.
5.4.2 Where such an
employee has been absent from duty in a week in circumstances entitling the
employer to deduct payment for the time of non-attendance he shall be paid for
the ordinary hours worked during such week at the rate of the said appropriate
amount per week.
5.4.3 Where an
allowance as prescribed by paragraph 5.2 hereof, is payable to an employee,
payments during paid leave and for holidays prescribed by clause 26, Public
Holidays, shall be calculated at the rate of the said appropriate amount per
week.
5.4.4 Calculations
for overtime, penalty rates, shift work and other payments under this award
shall be made at the rate prescribed by subclause 5.4.1 of this clause for the
classification in which the employee is employed.
NOTE: The purpose of fixing the minimum
wage at the amount above set out is to ensure to each adult worker a minimum
wage for a week's work performed in ordinary hours. The fixation of the minimum wage at the amounts mentioned does
not give any reason for any change in award rates of pay which are below or
above the appropriate minimum wage.
5.5 Skill Based
Classification Structure - Skill Level Descriptors
An employee working in the Textile Industry shall be
graded pursuant to the following Skill Based Classification Structure:
TRAINEE - 78%
Employees at this level:
1. Shall be new
entrants into the industry.
2. Shall for a
period of up to 3 months undergo approved (including induction) training so as
to enable them to achieve the level of competence required to be classified at
Skill Level 1.
3. Shall work
under the following conditions:
totally defined procedures and methods
constant direct supervision
constant direct training
progressive assessment and feedback
4. Shall apply
occupational health and safety principles to their work and the work of other
employees.
Training for new entrants will be determined in accordance
with the needs of the enterprise, but shall involve instruction aimed at
assisting trainees to achieve the range of competencies required at Skill Level
1 or above, including:
The knowledge and skills required to apply relevant
Occupational Health and Safety practices and procedures.
The knowledge and skills required to apply specified
quality control4 standards to their own work.
The knowledge and skills required to apply specified
operation practices and procedures and to meet efficiency requirements.
The knowledge and skills3 required to apply minor equipment/machine
maintenance5 relevant to the equipment involved in the performance of their own
work.
SKILL LEVEL 1 82%
Employees at this level:
1. Shall work to
defined procedures/methods6 either individually or in a team environment, and
2. Shall
exercise Skills3 to perform basic tasks8, and
3. Shall be
aware of and apply basic Quality control4' and skills3 in the receipt and
completion of their own work to the specified quality standards10, and
4. Shall apply
occupational health and safety principles to their work and the work of other
employees.
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
5. may be
required to exercise the skill3 necessary to assist in providing basic
on-the-job-instruction2 by way of demonstration and explanation.
6. may be
required to record basic information on production and/or quality indicators11,
as required.
7. may be
required to work in a team environment7.
8. may be
required to apply minor equipment/machine maintenance5.
9. may be
required to exercise key pad skills12.
10. may be
required to exercise the level of English literacy and numeracy skills3 to
effectively perform their tasks.
11. may commence
training in additional skills13 required to advance to a higher skill3 level.
SKILL LEVEL 2 . 87.4%
Employees at this level exercise the skills3 required to be
graded at Skill Level 1, and:
1. shall work to
defined procedures/methods6, either individually or in a team environment7, and
2. shall exercise
the skills3 to perform intermediate tasks14 , and
3. shall
understand and apply quality control4 skills3 in their own work and component
parts15 (including understanding of the likely cause/s of deviations to
specified quality standards10 in their own work), and
4. shall apply
occupational health and safety principles to their work and the work of other
employees.
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
5. may be
required to exercise the skill3 necessary to assist in providing
on-the-job-instruction2 to employees in skills3 required at Skill Level 2 and
below by way of demonstration and explanation.
6. may exercise
discretion in the performance of their work.
7. may be
required to record detailed information on production and/or quality
indicators11 as required.
8. may be
required to exercise team work skills3.
9. may be
required to identify and rectify minor machine16/equipment and
equipment/machine faults, and report problems that cannot be rectified to a
mechanic or supervisor.
10. may be
required to exercise basic computer skills17.
11. may commence
training in additional skills13 required to advance to a higher skill3 level.
SKILL LEVEL 3 92.4%
- Make up section
Employees at this level exercise the skills3 required to be
graded at Skill Level 2, and
1. shall
exercise discretion, initiative and judgement on the job in their own work,
either individually or in a team environment7 , and
2. shall
exercise skills3 to:
2.1 perform a
complex task/s18; or
2.2 perform a
series of different operations on a machine/s16; or
2.3 use a variety
of machine types20, three of which require the exercise of level 2 skills3, and
3.
3.1 shall be
responsible for quality assurance21 in their own work and assembly of component
parts15 including having an understanding of how this work relates to
subsequent product processes and its contribution to the final appearance of
the garment.
In addition, according to the needs and operational requirements
of the enterprise, employees at this level:
3.2 may be
required to investigate causes of quality deviations22 to specified standards
and recommend preventative action.
4. shall apply
occupational health and safety principles to their work and the work of other
employees.
5. may be
required to exercise the skills3 necessary to assist in providing on-the-job
instruction to employees in skills3 required at Skill Level 3 and below by way
of demonstration and explanation.
6. may be
required to record detailed information on, and recommend improvements to,
production and/or quality.
7. may be
required to take a coordinating role23 for a group of employees or in a team
environment7 (which includes contributing to the identification and resolution
of the problems of others and assisting in defining work group procedures and
methods), where the members of the group or team are at Skill Level 3 and
below.
8. may be
required to exercise advanced machine/equipment maintenance and problem solving
skills3 (including identification of major. or equipment faults).
9. may commence
training in additional skills13 required to advance to a higher skill3 level.
SKILL LEVEL 3 92.4%
- Textile section/non make up section
Employees at this level exercise the skills3 required to be
graded at Skills Level 2 and:
1. shall
exercise discretion, initiative and judgement on the job in their own work,
either individually or in a team environment7, and
2. shall
exercise skills3 to:
2.1 perform a
complex task/s18, or
2.2 operate
different types of machines and/or perform processes requiring the application
of skill level 2 skills that individually are sufficiently different and
cumulatively are equivalent to complex tasks.
3. shall be
responsible for quality assurance21 in their own work, including having an
understanding of how this work relates to subsequent production processes and
its contribution to the final appearance of the product, and if errors are
detected take the appropriate action.
4. shall apply
occupational health and safety principles to their work and the work of other
employees.
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
5. may be
required to investigate causes of quality deviations22 to specified standards
and recommend preventative action.
6. may be
required to exercise the skilIs3 necessary to assist in providing
on-the-job-instruction2 to employees in skills3 required at Skill Level 3 and
below by way of demonstration and explanation.
7. may be
required to record detailed information on, and recommend improvements to,
production and/or quality.
8. may be
required to take a coordinating role23 for a group of workers, or in a team
environment7 (which includes contributing to the identification and resolution
of the problems of others, and assisting in defining work group procedures and
methods) where members of the group or team are at Skill Level 3 and below.
9. may be
required to exercise advanced machine16/equipment maintenance and apply problem
solving skills (including identification of machine/equipment faults).
10. may be
required to explain documents, information and procedures to other employees.
11. may commence
training in additional skills13 required to advance to a higher skill3 level.
SKILL LEVEL 4 - 100% - Make up section
Employees at this level exercise the skills3 required to be
graded at Skill Level 3 and have a comprehensive knowledge of product
construction.
Employees at this level shall also:
apply skills3 and knowledge, equivalent to that of a
qualified tradesperson, that have been acquired as a result of training or
experience, or
hold a relevant trade certificate, and
1. shall work
largely independently24 (including developing and carrying out of a work plan
to specifications), and
2. shall
exercise a range of skills3 involving planning, investigation and resolution of
problems, and/or training, and/or supervision, and/or specialised technical
tasks, or
shall make a whole garment to specifications, or exercise
equivalent skills25.
and
3. shall apply
occupational health and safety principles to their work and the work of other
employees.
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
4. may be
required to apply quality control4/assurance techniques to their work group or
team.
5. may have
designated responsibility26 for the training of other employees (and if so
shall be trained trainers).
6. may be
responsible for quality and production records relating to their own work group
or team.
7. may be
required to take a coordinating role23 for a group of workers or in a team
environment7 (which includes contributing to the identification and resolution
of the problems of others and assisting in defining work group procedures and
methods), where the members of the group or team are at Skill Level 4 and
below.
8. may be
required to exercise advanced machine16/equipment maintenance and problem
solving skills3 (including identification of major equipment faults and
organisation or performance of necessary repair).
9. may commence
training in additional skills13 required to advance to a higher Skill3 Level.
SKILL LEVEL 4 - 100% - Textile/non make up section
Employees at this level exercise the skills3 necessary to be
graded at Skill Level 3 and have a comprehensive knowledge of the product.
Employees at this level shall also:
apply skills3 and knowledge, equivalent to that of a
qualified tradesperson, that have been acquired as a result of training or
experience, or hold a relevant trade certificate or demonstrate specialist
operation skills27,
and
1. Shall work
largely independently24 (including developing and carrying out of a work plan
to specifications),
and/or
2. shall
exercise a range of skills3 involving planning, investigation and resolution of
problems, and/or training, and/or supervision, and/or specialised technical
tasks.
3. shall apply
occupational health and safety principles to their work and the work of other
employees.
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
4. may be
required to apply quality control4/assurance techniques to their work group or
team.
5. may have
designated responsibility26 for the training of other employees (and if so
shall be trained trainers).
6. may be
responsible for quality and production records relating to their own work group
or team.
7. may be
required to take a coordinating role23 for a group of workers, or in a team
environment7 (which includes contributing to the identification and resolution
of the problems of others, assisting in defining work group procedures and
methods), where the members of the group or team are at Skill Level 4 and
below.
8. may be
required to exercise advanced machine16/equipment maintenance and problem
solving skills3 (is able to identify major machine16 faults, and organise
and/or perform necessary repairs).
9. may commence
training in additional skills13 required to advance to a higher skill3 level.
SKILL LEVEL 5 110%
- Textile Tradesperson Special Class
A Skill Level 5 is a Textile Tradesperson who uses all of
the skills listed in Skill Level 3 and 4 and is principally engaged in
servicing and maintaining complex equipment requiring the application of
additional knowledge.
In this definition:
"complex equipment" means textile production
equipment with control systems devised from advanced electronic, pneumatic,
hydraulic or robotic technology, and
"Additional knowledge" means knowledge in excess of
that of the textile tradesperson which has been acquired by the textile
tradesperson by virtue of:
(a) having had not
less than two years on the job experience as a textile tradesperson or in
training to attain a trades certificate working mainly on such complex
equipment as will enable the textile tradesperson to perform such work
unsupervised, where necessary and practicable; and
(b) having by
virtue of either the satisfactory completion of a post trade course relevant to
that equipment or the achievement of a comparable standard of knowledge by
other means, including on-the-job training and the experience referred to in
paragraph (a) hereof, gained a sufficient comprehension of such complex
equipment as will enable the textile tradesperson to perform such work.
ADDITIONAL CORE SKILLS
1. Provides
technical guidance and assistance to work teams.
2. Makes
decisions which may have a significant effect on the results of a production
line/unit/department.
3 Supervisory
duties.
EXPLANATION OF TERMS
1. Competence
The ability to perform a particular activity or activities
to a prescribed standard (or standards) and under a prescribed set of
circumstances.
2. On-the-job
instruction
Demonstrating, showing, explaining and/or guiding other
employees as to how to perform a particular task or operation to a competent
standard.
3. Skill
The application of a combination of abilities, knowledge and
attributes to competently perform a given activity or activities.
4. Quality
Control
The activities used to check that materials and products
meet quality specifications; includes the grading of product into acceptable
and unacceptable categories.
5. Minor
Equipment/Machine Maintenance
Includes cleaning and minor adjustments to the
equipment/machine. In the case of
sewing machines for example, it may include:
changing needles
cleaning
lubrication
tension and stitch adjustment
6. Defined
Procedures/Methods
Specific instructions outlining how an employee is to do
his/her job.
7. Team
Environment
An environment involving work arrangements in which a group
of employees work closely, flexibly and in co-operation with each other to
ensure efficient and effective performance.
8. Basic Tasks
Non Make Up Section
Uncomplicated tasks which are easily learned and involve
little decision making whether machine or non-machine.
(a) performs a
range of simple manual tasks, and/or
(b) inspects
and/or examines and/or uncomplicated grading/pairing raw materials/yams/fabrics
etc for faults (non-machine operations), and/or
(c) carries out
simple tests on yarns/fabrics etc outside a laboratory environment, and/or
(d) transfers,
removes or supplies fabric, yarn, tickets, bobbins etc to other employees or
from one section to another, and/or
(e) performs basic
machine tasks (see definition below).
Make Up Section
(f) uncomplicated
tasks which are easily learned and involve little decision making whether
machine or non-machine,
(g) basic machine
tasks are those where the positioning of the work may be controlled by
guide-bars and sensor lights, or other such guiding devices, or where there is
uncomplicated feeding of the fabric.
9. Basic
Machine Tasks
(a) In the make up
section basic machine tasks are those where the positioning of the work may be
controlled by guide-bars and sensor lights, or other such guiding devices, or
where there is uncomplicated feeding of the fabric or uncomplicated machine
related tasks.
(b) In the non
make up section, basic machine tasks involve those of a sock turner.
Provided, however, for the purposes of this subclause,
an employer shall approach the relevant authorised officer of the Textile
Clothing and Footwear Union of New South Wales where it is thought that the
operation of any machine (other than a sock turner) only requires the performance
of basic machine tasks (i.e. uncomplicated machine related tasks).
If the relevant authorised officer of the Textile
Clothing and Footwear Union of New South Wales and the employer agree that the
operation of the machine requires the use of basic machine tasks, they shall
record this agreement in writing.
10. Specified
Quality Standards
Detailed standards against which quality is measured.
11. Quality
Indicators
Information used to determine whether a quality standard has
been met.
12. Key Pad Skills
Ability to use a small panel of keys, either numerical or
with symbols, to operate equipment.
13. Additional
Skills
Skills that can be developed by an employee through training
to assist that worker to become qualified for a higher skill level.
14. Intermediate
Tasks
Non-Make Up Section
Tasks which are more difficult to learn, involve more
decision making than Skill Level 1 tasks and which may require more
fabric/product knowledge, whether machine or non-machine.
(a) the efficient
operation of a machine or machines involving the application of more than basic
skills in the setting up, running, monitoring and making adjustments to the
machine or machines, or
(b) the inspection
or examination and grading/pairing of raw materials/yarns/fabrics etc for
faults and, where necessary, mends by hand or machine, or
(c) carries out
tests which may involve colour matching and interaction of chemicals and/or
dyes on yarns or fabrics etc in a laboratory environment, or
(d) is responsible
for the monitoring and co-ordination of fabric, yam, tickets, bobbins etc to
other workers,, or from one section to another, or
(e) weighs and
measures raw materials/yarns/fabrics or chemicals and/or dyes, or
(f) intermediate
non-machine tasks require skills to perform a sequence of related tasks.
Make Up Section
(g) tasks which
are more difficult to learn involve more decision making than Skill Level 1
tasks and which may require fabric knowledge whether machine or non-machine, or
(h) intermediate
machine tasks require skill in positioning, feeding and handling of work
involving directional changes, contouring or critical stopping points, or
require feeding and handling skills beyond those of a Skill Level 1 worker
because of fabric variation, or
(i) intermediate
non-machine tasks require skills to perform a sequence of related tasks.
15. Component
Parts
The parts of the product which the employee receives in
order to perform their job.
16. Machine
Any piece of equipment which is powered by an external
source, ie. electricity, steam or compressed air, or a combination of these.
Hand tools are not machines and refer to those items which
are primarily powered by the employee, eg. scissors, shears, staplers, tagging
guns and tape dispensers.
17. Basic Computer
Skills
Use of the computer to enter, retrieve and interpret data.
18. Complex Tasks
Non Make Up Section
Tasks which are more difficult to learn and involve a higher
level of decision making than Skill Level 2 tasks, whether machine or
non-machine.
(a) the
application of more than intermediate skills in the setting up, running,
monitoring and making adjustments/performs maintenance as required, but not to
a standard equivalent to a Skill Level 4 employee, or
(b) inspects,
examines and grades raw materials/yams/fabrics etc. and mends by hand or
machine consistent with specified quality standards, or
(c) carries out
tests which may involve colour matching of yarns/fabrics etc. in a
laboratory. Assessment of the results
of tests performed. Makes decisions in the selection of dyes/chemicals, or
(d) capable of
understanding recipes, makes decisions and is responsible in the performance of
duties including accurate weighing, measurement and selection of chemicals or
dyes to specification.
Make Up Section
(e) tasks which
are more difficult to learn and involve a higher level of decision making than
Skill Level 2 tasks, whether machine or non-machine.
(f) complex
machine tasks require fabric manipulation skills and knowledge beyond those of
a Skill Level 2 worker to perform more difficult tasks or to handle and align
the sections while ensuring correct shaping of the end result because of the
complexity of combining parts or because of frequent variation in fabrics.
19. Series of
Different Operations on a Machine(s) - Make Up Section
Performing a sequence of different operations on a machine/s
to complete the majority of a complex garment.
20. Variety of
Machine Types - Make Up Section
Three or more different types of machines which are
sufficiently different in their operation to require the exercise of different
skills (i.e. a button holer and a button sewer are the same machine type for
this purpose whereas a button holer and an overlocker are different machine
types).
21. Quality
Assurance
The overall system and plans used to provide confidence that
goods and services will satisfy given requirements.
22. Quality
Deviation
Departures from a quality standard.
23. Coordinating
Role
A role which involves responsibility for organising and
bringing together the work and resource requirements of a work group or team.
24. Largely
independently
Where the employee is accountable for own results including:
carrying out assigned tasks
coordinating processes
25. Whole Garment
Machinist or Equivalent Skills - Make Up Section
A machinist who works largely independently in producing a
complex garment from written specifications and patterns. Examples of
"equivalent skills" include:
sample machinist
a machinist who performs each of the operations
required to complete a complex whole garment from specifications
a fully multi-skilled machinist who is required to
perform any of the operations involved in the making of complex whole garment
to specification.
26. Designated
Responsibility
Identified by management as an employee with a specific role
or responsibility.
27. Specialist
Operation Skills
Specialist operation skills are more difficult to learn and
involve a higher level of decision making than Skill Level 3 tasks, whether
machine or non machine. The application
of specialist operation skills requires advanced knowledge of the product (e.g.
fibres and/or yarns and/or fabrics and/or cloth structure and/or designs and
the associated ancillary processes). An
employee at this level operates in a largely independent way and may provide
training and/or may be responsible for a department or shift or section of a
workplace. Specialist operation skills
involve a level of skill equivalent to those of a Skill Level 4 employee.
5.6 Promotion -
The entitlement to be graded higher does not apply whilst the employee is
undertaking recognised training in higher level tasks and skills. That is, the
employee remains at his or her existing skill level until the training is
completed and meets the relevant competency standard.
Promotion from one level to another will be based on
the availability of a position at that level and successfully passing a
competency test. A competency test
measures the ability of the employee in terms of knowledge and skills required
for a particular skill level to a particular standard.
Competency tests will be developed either at the
company level, industry level or both.
5.7 Leading Hand
Allowance - An employee appointed by the employer to act as a leading hand
shall be paid the amounts in addition to the highest rate prescribed for
employees under his control as set out in Item 1 of Table 2 - Other Rates and
Allowances of Part B.
Provided that an employee shall only be entitled to the
above prescribed allowance where the employee's skill level grading
classification description does not include those skills which reflect the
duties of a leading hand as appointed.
There shall be no double counting.
5.8 Ancillary
Skill Level Classifications -
5.8.1 Fork-Lift
Driver and Tow Motor Driver Rates of Pay -
The rates of pay prescribed for the classifications
appearing in subclause 5.4.1 hereof for Fork-lift Drivers and Tow Motor Drivers
shall be deemed to be adjusted in like manner and with the same operative date
in accordance with increases or decreases awarded to the corresponding
classifications under the terms of the CFMEU and Associated Industries Award
1998 Part III - Engine Drivers, in force from time to time.
In respect of the classification of "Fork Lift
Driver" the appropriate adjustment to be made shall be the amount of
increase or decrease applicable in the said award, to the classification of
Fork Lift up to 5,000 kilograms lifting capacity.
5.8.2 Pedestrian Fork
Lift Operator - Rates of Pay -
The rates of pay of the Pedestrian Fork Lift Operator
shall be the amount as set out in Table 1 less than the rates of pay for the
Fork Lift Driver in accordance with paragraph 5.8.1 of this subclause.
5.8.3 High Rise
Stacker Operator - Rates of Pay -
The rates of pay of the High Rise Stacker Operator
shall be the amount as set out in Table 2 - Other Rates and Allowances, more
than the award rates of pay for the Fork Lift Driver in accordance with
paragraph 5.8.1 of this subclause.
5.8.4 Storeman/woman
- Rates of Pay -
The rates of pay prescribed for the classifications
appearing in subclause 5.8.1 hereof for storeman/woman shall be deemed to be
adjusted in like manner and with the same operative date in accordance with the
increases or decreases awarded to the corresponding classification under the
terms of the Storemen and Packers General (State) Award in force from time to
time.
5.8.5 Warehouse
Employees - Rates of Pay -
The rates of pay of the warehouse employee shall be the
amount as set out in (Table 1 less than the rates of pay for the storeman/woman
in accordance with paragraph 5.8.4 of this subclause.
5.9 Wool and Basil
Rates - Employees who are required to work on pulling sheep skins, pie or piece
picking, or any other class of work connected therewith, shall be paid the
appropriate rate provided in the Wool Scourers and Carbonisers Award 1987 made
pursuant to the Workplace Relations Act 1996 as varied from time to time for
the State of New South Wales.
Provided that at any time wage rates in the wool
sorting, wool store, wool scouring and carbonising departments are higher in
the aforementioned Wool Scourers and Carbonisers Award 1987 such higher wage
rates shall be paid in lieu of the wage rates prescribed in this award.
5.10 Payment by
Results Systems -
The weekly rates for the purposes of the said clause
13, Payment by Results Systems, shall be the base rate prescribed herein for
the classification in which the employee is engaged.
Provided that if in any week the weekly earnings for a
Payment by Results Systems employee are not greater than the award rate of pay
as prescribed by Table 1 for the classification in which the employee is
employed, the minimum weekly amount payable shall be the award rate of pay as
prescribed in Table 1.
6. APPRENTICESHIP
Apprenticeship trades
6.1 An employer
shall not employ any person who is under the age of 21 years in a declared
trade unless the employed person is an apprentice or qualified tradesperson in
that trade.
6.2 "Apprentice"
and "apprenticeship" are given the same meaning as they are defined
in the Industrial and Commercial Training
Act 1989.
6.3 A
"declared trade" is defined in Industrial
and Commercial Training Act 1989 (as amended). The following are recognised
callings relevant to the textile industry:
6.3.1 Textile
mechanic
6.3.2 Textile
mechanic - special class (as defined)
6.3.3 Textile
mechanic - (sewing machine)
6.3.4 Textile
mechanic - special class (sewing machine) (as defined)
6.3.5 Cutter
6.4 The number of
apprentices which may be employed by any employer at any time in the said trade
or trades shall not exceed the proportion of one apprentice for each individual
tradesmen employed by such employer in such trade.
For the purposes of this clause an employer actually
working in the mill shall be deemed to be a tradesman and the number of
tradesmen employed at any time shall be deemed to be the average per working
day of the number of tradesmen employed at any time shall be deemed to be the
average per working day of the number of tradesmen employed during the
immediately proceeding period of six months.
6.5 Persons may be
taken on probation for three months and if apprenticed such three months shall
count as part of their period of apprenticeship. The employer shall, within 14
days of employing a probationer, notify the appropriate apprenticeship
authority of the employment of such probationer to any of the trades mentioned
herein.
6.6
6.6.1 The term of
apprenticeship in the said trades covered by this award, shall be a maximum of
four years.
6.6.2 any apprentice
who cannot complete the full term of apprenticeship before reaching the age of
21 years may serve as an apprentice until completion of the term or until they
reach the age of 23 years.
6.6.3 any apprentice
who is under 21 years of age on the completion of the term of an apprenticeship
and who thereafter is employed in the occupation to which they were apprenticed
shall be paid at not less than the adult rate prescribed for that
classification.
6.7 Every
indentured apprenticeship shall be in the form prescribed in Schedule E of this
award, and shall contain:
6.7.1 the names of
the parties;
6.7.2 the date of
birth of the apprentice;
6.7.3 the date of
commencement of and the term of apprenticeship;
6.7.4 the trade to
which the apprentice is bound;
6.7.5 a covenant by
the employer to teach and instruct, or cause to be taught and instructed, the
apprentice in the processes of the trade mentioned;
6.7.6 a covenant by
the parent or guardian and by the apprentice that the apprentice will serve the
employer for the term specified (where apprentice is not an adult apprentice).
6.7.7 all other
conditions of apprenticeship contained in this award.
6.8 Subject to the
approval of the appropriate State Authority but not otherwise, an indenture of
apprenticeship may be superseded or cancelled.
6.9 The minimum
weekly rates of pay to be paid to apprentices shall be the undermentioned
percentages of the weekly rates for Skill Level 4 as prescribed in Clause 5.4.1
of this award.
|
Percentage 4 year
term
|
Base Rate
|
Supplementary
Payment
|
Arbitrated Safety
Net
|
Award Rate
|
|
%
|
Refer to Table 1- Rates of Pay of Part B, Monetary Rates
|
1st year
|
52
|
|
|
|
|
2nd year
|
62
|
|
|
|
|
3rd year
|
82
|
|
|
|
|
4th year
|
92
|
|
|
|
|
The total wage shall be calculated to the nearest five
cents and any fraction of five cents in the result not exceeding two cents
shall be disregarded.
Provided that the weekly rate for an apprentice shall
not less than the rate for a junior of the same age.
6.10 No apprentice
under the age of 18 years shall be required to work overtime unless they so
desires; nor may any apprentice work or be required to work overtime at times
which would prevent attendance at technical school as required by this award.
6.11 No apprentice
under the age of 18 years shall be employed on any shift other than the day
shift. An apprentice over the age of 18
years by mutual agreement may be required to work on an afternoon shift
provided such shift work shall not prevent attendance at technical school as
required by any statue, award or regulation applicable.
6.12 No apprentice
shall work under any system of payment by results.
6.13 An employer
shall not, either directly or indirectly, or by any pretence or device, receive
from any person or require or permit any person to pay or give any
consideration in the nature of a premium or bonus for the taking or binding of
any apprentice or probationer.
6.14 Apprentices
attending a technical school and presenting reports of satisfactory attendance
and conduct shall, at the end of each term, be reimbursed all fees paid by them
in respect of any course prescribed.
6.15 All apprentices
shall be allowed off during working hours they shall attend available
classes. In order to be entitled to the
said the apprentice shall produce a card showing his attendance at school for
the period.
Operation of State laws
6.16 Any New South
Wales statute relating to apprentices is now or hereafter in force or in which
any authority with statutory power has issued or may issue any regulation
relating to apprentices such statute and such regulations shall operate.
Provisions of any statute, award or regulation relating
to the attendance of apprentices at technical school during ordinary working
hours or to disciplinary powers of apprenticeship authorities over apprentices
and employers shall not be deemed to be inconsistent with this award.
Annual, sick and bereavement leave
6.17 Apprentices
shall be entitled to sick, annual and bereavement leave in accordance with the
provisions of clauses 28, 35 and 32 of this award respectively.
Hours
6.18 The ordinary
hours of employment of apprentices shall not in each workshop exceed those of
the tradesmen.
7. ADULT
APPRENTICES
7.1 An adult
apprentice means a person of 21 years of age or over at the time of entering
into an apprenticeship to one of the trades of apprenticeship of the textile
industry as prescribed in clause 6 of this award. Subject to this clause,
conditions of employment of adult apprentices shall be those prescribed in
clause 6 of this award for apprentices under the age of 21 years.
7.2 Preference of
employment
Preference of employment as an adult apprentice should
be given to an applicant who is employed in the textile industry.
7.3 Period of
apprenticeship
7.3.1 Subject to this
clause and subclause 6.8 of this award, an adult apprentice shall be
apprenticed for a period of four years in which period shall be included any
period of probation.
7.3.2 Where the
relevant State Authority approves an application for adult apprenticeship by an
applicant who has been employed in the textile industry for at least two
consecutive years and the State Authority is satisfied that the applicant has
sufficient theoretical and practical knowledge, it may, subject to any
conditions it may determine, permit the applicant to advance within the
apprentice period by not more than two years.
7.4
7.4.1 Each adult
apprentice shall from the commencement of his apprenticeship attend and not be
prevented by his employer from attending during the apprentice’s ordinary
working hours for eight hours every week a suitable technical school for the
period of three years or, where the training facilities for apprentices at the
technical school attended by such apprentices make it impracticable for their
attendance to be for eight hours every week or for a period of three years,
then for the number of hours and for the period of any prescribed course (with
the minimum of four hours a day a week) as is approved by the organisation’s
parties to this award or by the appropriate
State Authority, if such school is available. Wherever in any State a
State technical school provides instruction in an apprenticeship trade such
State technical school shall be accepted as a suitable school for the purposes
of this award.
7.4.2 Where a State
conducts in a suitable technical school a system of block release technical
school training, each adult apprentice shall from the commencement of his
apprenticeship attend and not be prevented by his employers from attending
during the apprentice’s ordinary working hours such block release training for
a maximum of eight weeks each year for a period of three years on a basis to be
arranged between the employer to this award and the relevant State technical
education authorities. Such block
release technical school training shall be in lieu of the technical school
training prescribed in paragraph 7.4.1 hereof.
7.4.3 The appropriate
State Authority may reduce the said three year period of adult apprenticeship
technical school training to a period of two years where an applicant, prior to
the commencement of the apprenticeship, has been employed in the textile
industry for at least two consecutive years and the said Authority is satisfied
that the applicant has sufficient theoretical and practical knowledge.
7.5 Wages of adult
apprentices
7.5.1 Where a person
was employed by an employer in the textile industry immediately before becoming
an adult apprentice with that employer, such person shall not suffer a
reduction in actual rate of pay by virtue of becoming an apprentice.
7.5.2 Subject to
paragraph 7.5.1 hereof, the wages of an adult apprentice, including the wages
of probationers for apprenticeship, shall be those payable to adult apprentices
in Table 1 - Rates of Pay, Part B Monetary Rates.
7.5.3 Where the work
is performed by an adult apprentice, the minimum rates of pay shall be the
undermentioned percentage of the award wage of an employee working at the rate
provided in Skill Level 4 as prescribed in Clause 5.4.1 of this award.
|
Percentage 4 year
term
|
Weekly Rate
|
Supplementary
Payment
|
Arbitrated Safety
Net
|
Award Rate
|
|
%
|
$
|
$
|
$
|
$
|
1 year
|
82
|
Refer to Table 1 - Rates of Pay of Part B, Monetary Rates
|
2 year
|
87
|
|
|
|
|
3 year
|
92
|
|
|
|
|
4 year
|
100
|
|
|
|
|
An adult apprentice who enters their apprenticeship at
an advanced stage shall be deemed, for the purpose of calculating the
appropriate wage rate, to have completed the period by which they have been
advanced.
Progress to the next rate of wage shall occur when the
balance of the year to which the apprentice has been advanced is completed.
7.6 Proportion of
apprentices to skilled adults
7.6.1 Adult
apprentices shall be employed as excess apprentices in accordance with the
provisions of subclause 7.2 of this award.
7.6.2 Notwithstanding
anything elsewhere contained within this award, adult apprentices may be
employed in this award subject to approval by the union and the employer, and
the relevant state apprenticeship authority.
Form of indenture of adult apprenticeship
7.7 Each indenture
of adult apprenticeship shall be in the form prescribed in Schedule E of this
award provided that references to the parent or guardian shall be deleted.
7.8 Adult
apprentices day/work shift provisions
7.8.1 An adult
apprentice (other than an apprentice engaged on block release technical school
training) shall be employed only on day work during the period they are
required to attend technical school as determined in subclause 7.4.1 hereof.
7.8.2 an adult
apprentice engaged in block release technical school training may be employed
on morning, afternoon or night shift except during their periods of attendance
on block release training as determined in subclause 7.4.1 hereof.
8. ENTERPRISE
BARGAINING
8.1 The parties to
this award are committed to co-operating positively to increase the efficiency,
productivity and international competitiveness of the textile industry to
enhance the career opportunities, quality of working life and job security of
workers in the industry.
8.2 An employer,
employees and the Union may develop an enterprise agreement in accordance with
the provisions of this clause and Schedules "A" and "B" to
this award or such other procedures that are agreed in writing between the
employer and the State Secretary of the Union.
The agreement shall, to the extent of any inconsistency, take precedence
over any provisions of this award.
8.3 In each
workplace in the textile industry seeking to develop an enterprise agreement,
an employer, employees and the Union shall establish a consultative committee
in accordance with Schedule "A" to this award or such other
procedures that are agreed in writing between the employer and the Union.
8.4 The basis for
the work of the Consultative Committee shall be to consider matters raised by
committee members which impact on employees and/or which contribute to the
improved operation and efficiency of the enterprise as outlined in subclause
8.1.
8.5 The matters
raised for inclusion in an enterprise agreement, amongst other things, involve:
spread of hours;
shift work;
job redesign and work organisation;
work related childcare;
vocational training;
English language training;
foundation education training;
arrangement of leave;
operation of payment by results systems;
occupational health and safety;
leave for special purposes;
parental leave;
job sharing.
8.6 An
enterprise agreement shall not act to:
reduce the award rate in accordance with clause 5,
Rates of Pay;
increase the ordinary hours of work in any roster
system beyond an average of 38 hours per week;
reduce the quantum of penalty rates in accordance with
clause 18, Overtime;
reduce the quantum of shift penalties in accordance
with clause 20, Shifts;
reduce the quantum of period of notice in accordance
with clause 22, Terms of Engagement;
reduce the quantum of annual leave and annual leave
loading in accordance with clause 35, Annual Leave;
reduce the quantum of sick leave entitlement in
accordance with clause 28, Sick Leave;
reduce the quantum of holidays in accordance with
clause 26, Public Holidays;;
reduce the quantum of bereavement leave in accordance
with clause 32, Bereavement Leave;
reduce the quantum of accident make up pay in
accordance with clause 31, Accident Pay;
reduce the quantum of unpaid leave in accordance with
clause 34, Parental Leave;
reduce the quantum of severance pay in accordance with
clause 53, Redundancy;
reduce the quantum of superannuation contributions in
accordance with clause 54, Superannuation;
reduce the provisions of clause 13, Payment by Results
System and clause 48, Outdoor Work.
9. RATES FOR
JUNIORS
9.1 The minimum
award rates to be paid to junior employees other than apprentices shall be the
undermentioned percentages of the weekly award wage for Skill Level 2 as
specified in Table 1 - Rates of Pay of Part B.
|
|
Base Rate
|
Supp. Payment
|
Award Rate
|
|
%
|
$
|
$
|
$
|
At 16 years of age and under
|
50
|
|
At 16½ years of age
|
55
|
|
At 17 years of age
|
59
|
|
At 17½ years of age
|
64
|
(Amounts as set out in Table 1 - Rates of Pay of Part B)
|
At 18 years of age
|
69
|
|
At 18½ years of age
|
75
|
|
At 19 years of age
|
80
|
|
At 19½ years of age
|
85
|
|
At 20 years of age and over
|
|
the appropriate adult rate
|
Provided that the rates of pay for juniors as storemen/women
shall be deemed to be adjusted in like manner and with the same operative date
in accordance with the increases or decreases awarded to the corresponding
junior employees under the relevant State award in force from time to
time. Provided further that junior
warehouse employees' rates of pay shall be adjusted in like manner subject to
the application of subclause 5.8.5, Warehouse Employees - Rates of Pay, of
clause 5, Rates of Pay.
9.2 The total wage
shall be calculated to the nearest five cents, any fraction of five cents in
the result not exceeding two cents to be disregarded.
9.3 Changes in
rates shall be effective from the beginning of the first pay period to commence
after the attainment of the prescribed age.
9.4 Notwithstanding
anything elsewhere contained in this clause, a junior employee after three
years' experience in the textile industry or upon attaining the age of 20 years
shall be paid the appropriate rate prescribed for an adult employee in the
classification in which he or she is employed.
10. ADDITIONAL
PAYMENTS
10.1 Blending - An
employee employed as a blender or blending machine attendant who in the course
of duty is required to blend cow hair, goat hair, angora rabbit hair and/or
rabbit kemp with other fibres, shall be paid an additional allowance at the
rate per week as set in Item 2 of Table 2 - Other Rates and Allowances of Part
B whilst so engaged.
10.2 Cards - Hand
Stripping - An employee engaged in hand stripping of cards shall be paid per
complete set the amount set in Item 3 in addition to an employee's ordinary
rate of pay which shall be for all purposes of the award.
10.3 Dust Chamber -
Employees who in the course of their normal duties in any week are called upon
to work in a dust chamber in a cotton mill shall be paid the sum as set in Item
4 for that week.
10.4 Dye House -
Bleach House - Employees engaged in dye houses, operators of machines in the
wool scouring and wet finishing departments, employees working on liquor tanks
in bleaching departments, employees working in the colour kitchen or employees
engaged in the washing of screens shall be paid an additional allowance per
week as set in Item 5. In addition,
employees also engaged in the loading or unloading of Kiers or entering
vaporloc machines shall be paid a further additional allowance per week as set
in Item 6.
10.5 First-aid
Attendant - An employee who is appointed by the employer as a first-aid
attendant shall be paid an allowance per week as set in Item 7.
10.6 Instructors -
An instructor (as defined) shall be paid per week as set in Item 8 which shall
be treated as part of his or her wage for all purposes of the award except
incentive payments. This extra rate
shall not apply to employees covered by clause 14.
10.7 Shoddy-Shaking
Machines - Employees engaged on any type of shoddy-shaking machines in the
course of duty shall be paid an additional amount at the rate per week as set
in Item 9 as dirt money whilst so engaged.
10.8 Size Troughs -
Sewing Threads - Polisher machine operators engaged in the cleaning of size
troughs and brushes in the sewing thread section shall be paid an additional
amount per week as set in Item 10.
10.9 Soda-Ash -
Employers shall provide proper facilities for the protection of employees
engaged in loading and unloading soda ash from delivery vehicles by hand. In the event of such facilities not being so
provided, the employer shall pay each employee whilst so engaged the sum per
hour extra as set in Item 11.
10.10 Unwashed Rags -
Employees sorting unwashed rags shall be paid the sum as set in Item 12 per
week as a special allowance.
10.11 Waste Room -
Willey Hands - Willey hands in waste room shall be paid per week as set in Item
13 in addition to ordinary rates.
10.12 Wool Scouring
Pits - An employee required to clean wool scouring pits which are an unusually
dirty and/or offensive condition shall be paid at double ordinary rates whilst
employed in the cleaning of the pits.
10.13 Wool Waste and
Rags - Picking Over - For picking over bales of wool waste or rags which are in
an offensive or obnoxious condition, an employee shall be paid per bale as set
in Item 14, in addition to his ordinary pay.
10.14 Flax Scutcher -
Employees operating flax scutchers, tow on breaker and finisher cares shall be
paid an additional allowance at the rate per week as set in Item 15.
10.15 Weekly
allowances shall be calculated to the nearest 10 cents, any fraction below five
cents to be disregarded, provided that the allowances contained in this clause
shall be calculated to the nearest cent, any fraction below half a cent to be
disregarded.
11. PAYMENT OF
WAGES
Wages shall be paid as follows:
11.1 Employees who
actually works 38 ordinary hours each week - In the case of an employee whose
ordinary hours of work are arranged in accordance with paragraphs 16.2.1 and
16.2.2 so that the employee works 38 ordinary hours each week, wages shall be
paid weekly, fortnightly or monthly according to the actual ordinary hours
worked each week, fortnight or month.
11.2 Employees who
work an average of 38 ordinary hours each week - Subject to subclause 11.3
hereof, in the case of an employee whose ordinary hours of work are arranged in
accordance with paragraphs 16.23, 16.2.4 and 16.2.5, so that the employee works
an average of 38 ordinary hours each week during a particular work cycle, wages
shall be paid weekly, fortnightly or monthly, according to a weekly average of
ordinary hours worked even though more or less than 38 ordinary hours may be
worked in any particular week of the work cycle.
SPECIAL NOTE: Explanation of Averaging System - As provided
in this subclause, an employee whose ordinary hours may be more or less than 38
in any particular week of a work cycle, is to be paid wages on the basis of an
average of 38 ordinary hours so as to avoid fluctuating wage payments each
week. An explanation of the averaging
system of paying wages is set out below:
(1) Clause 16,
Implementation of 38-Hour Week, provides in paragraphs 16.2.3 and 16.2.4 that
in implementing a 38-hour week the ordinary hours of an employee may be
arranged so that the employee is entitled to a day off, on a fixed or rostered
day basis, during each work cycle. It
is in these circumstances that the averaging system would apply.
(2) If the 38-hour
week is to be implemented so as to give an employee a day off in each work
cycle this would be achieved if, during a work cycle of 28 consecutive days
(that is, over four consecutive weeks) the employee's ordinary hours were
arranged on the basis that for three of the four weeks they worked 40 ordinary
hours each week and in the fourth week the employee worked 32 ordinary hours.
In such a case the averaging system applies and the
weekly wage rates for ordinary hours of work applicable to the employee shall
be the average weekly wage rates set out for the employee's classification in
clause 4, Rates of Pay, and shall be paid each week even though more or less
than 38 hours are worked that week. In
effect, under the averaging system, the employee accrues a credit each day the
employee works actual ordinary hours in excess of the daily average of which
would otherwise be 7 hours 36 minutes. This credit is carried forward so that
in the week of the cycle that the employee works on only four days, the actual
pay would be for an average of 38 ordinary hours even though that week the
employee works only a total of 32 ordinary hours. Consequently, for each day an
employee works eight ordinary hours they accrue a credit of 24 minutes (0.4
hours). The maximum credit the employee
may accrue under this system is 0.4 of an hour on 19 days; that is, a total of
7 hours 36 minutes.
(3) Clause 16,
Implementation of 38-Hour Week, provides in paragraph 16.2.5 that in
implementing a 38-hour week an employee may accrue rostered days off to a
maximum of six days. In such cases, the averaging system as detailed in 11.3.2
herein applies.
(4) As provided in
subclause 11.3 of this clause, an employee will not accrue a credit for each
day they are absent from duty other than on annual leave, long service leave,
public holidays, paid sick leave, accident pay, bereavement leave or jury
service. When an employee is absent
from duty because of annual leave, long service leave, public holidays, paid
sick leave, accident pay, bereavement leave or jury service, the entitlement is
determined in accordance with the appropriate award provision dealing with such
entitlements.
(5) Where in
establishments the 38-hour week is implemented in accordance with paragraphs
16.2.3, 16.2.4 and 16.2.5 hereof and where payment is made in accordance with
this clause , an employee who works an afternoon or night shift who is entitled
to payment of shift allowance as provided by clause 20, Shifts, shall accrue a
credit of a shift allowance in direct proportion to the ordinary hours accrued
for the purpose of a rostered day off.
11.3 Absences from
Duty -
11.3.1 An employee
whose ordinary hours are arranged in accordance with paragraphs 16.2.3, 16.2.4
and 16.2.5 and who is paid wages in accordance with subclause 11.2 hereof and
is absent from duty (other than on annual leave, long service leave, public
holidays, paid sick leave, accident pay, bereavement leave or jury service)
shall, for each day absent, lose average pay for that day calculated by
dividing their average weekly wage rate by five.
An employee who is so absent from duty for part of a
day shall lose average pay for each hour or part thereof they are absent at an
hourly rate calculated by dividing the average daily pay rate by eight.
11.3.2 Provided
further, when such an employee is absent from duty for a whole day without
payment the employee will not accrue a credit because they would not have
worked ordinary hours that day in excess of 7 hours 36 minutes for which they
would otherwise have been paid. Consequently, during the week of the work cycle
the employee is to work less than 38 ordinary hours they will not be entitled
to average pay for that week. In that week, the average pay will be reduced by
the amount of the credit the employee does not accrue for each whole day during
the work cycle they are absent.
The amount by which an employee's average weekly wage
will be reduced when absent from duty (other than on annual leave, long service
leave, public holidays, paid sick leave, bereavement leave, jury service or any
stand downs by the employer), is to be calculated as follows:
Total of credits not
|
x
|
average weekly pay
|
accrued during cycle
|
|
38
|
Examples - An employee's ordinary hours are arranged so
that he works eight ordinary hours on five days of each week for three weeks
and eight ordinary hours on four days of the fourth week.
(1) Employee
takes one day off without authorisation in first week of cycle:
Week of Cycle Payment
1st week = average weekly pay less
one day's pay
(i.e., less 1/5th)
2nd and 3rd weeks = average weekly pay each
week
4th week = average weekly pay less
0.4 hours x
average weekly pay
38
(2) Employee
takes each of the four days off without authorisation in the fourth week:
Week of Cycle Payment
1st, 2nd and = average weekly pay
3rd weeks each
week
4th weeks = average weekly pay less 4/5th of
average weekly pay for the
four days
absent less total of credits not accrued that week
= 1/5th
average weekly pay less 4 x 0.4 hours x
average
weekly pay
38
= 1/5th
average weekly pay less 1.6 hours x
average weekly pay
38
11.4 In
establishments where wages are paid weekly, fortnightly or monthly (when it is
pay week) such payment shall be made not later than Thursday excepting the
Easter Holiday period when wages shall be paid on the Wednesday prior to
Easter; provided that shift workers finishing work on Friday mornings shall be
paid their wages before ceasing work.
11.5 Wages shall be
paid during working hours. Any employee kept waiting for wages beyond the
ordinary working hours shall be paid at overtime rates for such waiting time.
11.6 The provisions
of subclauses 11.4 and 11.5 of this clause shall not have application in
circumstances where it is not reasonably practicable for a Company to comply
with its obligations thereunder on account of causes for which it cannot
reasonably be held responsible. Proof
of the existence of such a circumstance shall be upon the Company. In such
circumstances, the Company shall pay wages as soon as it is reasonably
practicable for it to do so. Provided
further that if an employee is stood down on the normal payday the employee may
collect their wages without being entitled to a penalty payment for that
attendance pursuant to subclause 22.7 of the award.
11.7 Where the
services of an employee are their
wages shall be paid on the day of dismissal or forwarded by post on the day
arranged in accordance with paragraphs 16.2.3, 16.2.4 and 16.2.5. If the
employee is paid average pay and they have not taken the day or days off due,
during the work cycle in which their employment is terminated, the wages due to
the employee shall include the total of credits accrued during the work cycle
as detailed in the Special Note following paragraph 11.2; provided further that
where the employee has taken a day or days off during the work cycle in which
their employment is terminated, the wages due to that employee shall be reduced
by the total of credits which have not accrued during the cycle.
11.8 Not more than
two days pay of each employee shall be kept in hand by an employer.
11.9 Payment of
wages is to be made on the day before a holiday if a holiday falls on the pay
day. Provided that such payment may not include overtime, piecework and/or
bonus earnings earned on the last day preceding a holiday. These payments may
be made on the subsequent pay day.
11.10 On or prior to
pay day the employer shall notify each employee in writing of:
11.10.1 the gross amount
of wages inclusive of overtime and other earnings;
11.10.2 the
amount paid as overtime or such information as will enable the amount paid as
overtime to be calculated by the employee;
11.10.3 the amount paid
for payment by results work;
11.10.4 the amount paid
for payment for supplementary payment, if applicable;
11.10.5 the amount paid
as shift allowance, if applicable.
11.10.6 details
of make-up of payment made in respect of annual leave when leave is taken or on
termination of employment;
11.10.7 the
amount deducted for taxation purposes;
11.10.8 particulars
of all other deductions;
11.10.9 the
net amount paid; and
11.10.10 the
amount of weekly superannuation contribution paid by the employer each week in
accordance with clause 54, Superannuation, unless some other method has been
agreed in writing between the respondent employer and State Secretary of the
Union.
The notice detailing the above particulars shall remain the
property of the employee.
11.11 Where an
employer and a simple majority of employees agree, the employees may be paid
wages by cheque or by direct payment into the employee's bank account without a
requirement for the employer to provide encashment facilities. Any employee who
receives payment of wages through the use of a cheque or any electronic
transfer system shall, if wages are not available for encashment by the
assigned date, be entitled to the following compensation:
11.12 Payment of 7.6
hours at ordinary-time rate of pay for each day of delay in receipt of wages
provided the foregoing shall not apply if any delay due to a problem outside
the employer's or agent's control or responsibility.
11.12.1 This
provision shall only relate to late payment situations and will have no
application where miscalculation of wages and/or allowances have occurred
through clerical error.
11.12.2 The
onus of advising and proving the late payment or entry shall be with the
employee. In any case an employer shall
not be liable for more than 15.2 hours at ordinary rate of pay.
11.13 Wages may be
paid fortnightly or monthly subject to agreement being reached with the
employee.
11.14 Calculation of
Hourly Rate - Except as provided in paragraph 11.3.1 of this clause, hourly
rates shall be calculated by dividing the appropriate weekly rate by 38.
12. DEDUCTIONS
FROM WAGES
12.1 Except as
provided in subclause 12.2 of this clause no deductions shall be made from the
wages of any employee for any purpose except with the written consent of the
employee or by reason of statutory compulsion or any order of a court.
12.2 An employer
shall have the right to deduct from an employee's wages any monies overpaid
through clerical and/or computer error.
The method to recover such overpayment shall be mutually agreed between
the employer and the employee, provided further that where an employee
subsequently leaves or is discharged from the service of the employer, the
employer may deduct from whatever remuneration is payable upon the termination
of the employment an amount equal to the amount of overpayment.
13. PAYMENT BY
RESULTS SYSTEMS
13.1 Commitment to
payment by results - piece work and/or bonus
Parties to this award are committed to the development
of a payment by results system which is compatible with the skills based
classification structures as outlined in clause 4 of this award and which
contributes to the efficiency of the enterprise.
13.2 Operation of
payment by results systems. - piece work and /or bonus
An employer may maintain, alter or institute a system
of individual and/or group payment by results
subject only to the provisions and limitations set out in this clause.
13.3 Payment by
results earnings
13.3.1 The
employer must calculate the minute pay rate for each standard time minute by
dividing the total award rate for the appropriate skill level by 2280 wherever
appropriate.
13.3.2 An
employer may depart from clause 13.3.1 only with the consent of the relevant
state secretary of the union, or their nominee.
13.3.3 Where
an employer is currently paying a bonus minute rate higher than the above, the
higher rate must continue to be applied and must be increased in accordance
with any variation in the relevant skill level wage rate.
13.3.4 An
employer must calculate the payment by results earnings of an employee in
accordance with clause 13.3.1 or 13.3.3 of clause 13.3.4 by multiplying the
minute pay rate by the excess of the standard time produced over real time
worked under payment by results.
13.3.5 An
employer must pay the employee their payment by results earnings calculated in
accordance with clause 13.3.1 or 13.3.3 of clause 1.3.5. in addition to the
total award rate appropriate to their skill level.
13.3.6 Where
an employee earns payment by results earnings for work performed in any day,
such earnings must be credited to the employee and must not be reduced because
the employee fails to earn payment by results earnings in any other day.
13.3.7 A
junior or an apprentice employed under clauses 8 and respectively of this award must have their task set and be deemed
to be producing bonus minutes when they have produced that number of minutes in
proportion to the ordinary daily adult task or number of minutes as their rate
of pay is in proportion to the appropriate adult award rate.
13.3.8 Payment
by results employees must for the period they are employed at their occupation,
be paid the payment by results rates applicable to their skill level and the
time rate for their skill level for any period during which they are prevented
from working at their payment by results rates because of machine breakdown,
shortage of materials or lack of work, or transfer to other duties for which no
payment by results rates are available or at which the operators are
insufficiently skilled to earn in excess of their skill level time rates.
13.3.9 An
employer subject to the provisions of clause 13.4 of this clause may fix or
alter a time standard in respect of any article, provide such time standard is
set to enable adult employees of average capacity in any given period to earn
at least 15% more than the total award rate for their respective skill level.
13.4 Time standards
An employer must calculate the time standard allowed
for the performance of work according to the following:
13.4.1 An
employer must consult with the payment by results employees and union
representative(s) prior to the finalisation of any time standard fixed under
this clause and must provide to those employees and the union representative(s)
the basis upon which the payment by results system is calculated, including the
appropriate allowances and the likely weekly earnings on such time standard.
On application by the national secretary or state
secretary of the union, the employer must make available the basis of such a
system.
13.4.2 Once
a time standard has been fixed under this clause, it must not be altered except
where any of the following circumstances occur:-
there is a change in the manufacturing methods;
there is a change in the machines or equipment or
materials used;
to correct an agreed error in the existing time
standard;
by agreement between the employer, the payment by
results employees, and the union representative(s)
13.4.3 An
employer must clearly display a copy of the time standard for each payment by
results operation in each work area in each enterprise. The copy of the time standard must be
updated within twenty-four hours of any changes to the time standards.
13.4.4 Once
a time standard has been fixed under this clause, it must be recorded in a
register and signed and dated by the employer and union representative(s)
13.4.5 The
employer must also display in each work area in each enterprise a conversion
table to enable an employee to convert time standards into monetary amounts.
13.5 Where an
employee has worked part of the week on payment by results; they will be
entitled to their earnings in full for the actual time worked on payment by
results if the earnings are higher than the appropriate award rate for such
time.
13.6 As far as
practicable, different grades of work will be equitably divided between payment
by results employees.
13.7 An employee
operating under this clause who also instructs a trainee(s) must receive in
addition to payments by results earnings other amounts for the first, second,
third and subsequent weeks. These additional payments are set out in Table 2 -
Other Rates and Allowances.
Provided that the amounts contained in clause 13.7 will
be calculated to the nearest 10 cents, any fraction below 5 cents to be
disregarded.
13.8 Weavers on
commencing a warp must be provided with a ticket on which will be entered
particulars of the class of work, the number of picks per centimetre length of
cut, speed of loom and the price per cut.
13.9 An employee
operating under a piecework system (adult or junior) called upon to perform
work before the usual starting time or after the usual finishing time on any
day Monday to Friday inclusive must be paid in addition to their normal payment
by results.
13.9.1 for
the first three hours on any one of such days - at the rate per hour equivalent
to one-seventy-sixth of the weekly award rate prescribed for an adult employee
employed on the same work;
13.9.2 for
any overtime extending beyond such three hours - at the rate per hour
equivalent to one-thirty-eighth of the weekly award rate prescribed for an
adult employee employed on the same work.
Juniors under eighteen years of age, who work overtime
extending over ten hours in any week, must, for any overtime beyond such ten
hours, be paid the rate prescribed by clause 13.9.2.
13.10 If the union
claims that any employer has wrongly based a payment by results rate on the
time for juniors, it may submit such claims to the relevant Industrial
Committee.
13.11. Training
An employer implementing a payment by results system
under this clause must provide each employee with appropriate training to
ensure that individual performance is the only variable distinguishing
employees within a skill level in this award.
14. MIXED
FUNCTIONS
An employee engaged for more than one half of the day or
shift on duties under this or any other award or determination or industrial
agreement carrying a higher award rate than his or her classification shall be
paid the higher rate for such day or shift. If for less than one half of one
day or shift, he or she shall be paid the higher rate for the time so worked.
15. HOURS OF WORK
15.1 Subject to
clause 16, Implementation of 38-Hour Week, and clause 17, Procedures for
In-plant Discussions, and subject to the exceptions hereinafter provided, the
ordinary hours of work shall be an average of 38 per week to be worked on one
of the following bases:
15.1.1 38
hours within a work cycle not exceeding seven consecutive days; or
15.1.2 76
hours within a work cycle not exceeding 14 consecutive days; or
15.1.3 114
hours within a work cycle not exceeding 21 consecutive days; or
15.1.4 152
hours within a work cycle not exceeding 28 consecutive days; or
15.1.5 160
hours within a work cycle not exceeding 28 consecutive days in establishments
where the method of banking of rostered days off have been agreed to.
15.2 The ordinary
hours of work prescribed herein may be worked on any day or all of the days of
the week, Monday to Friday (other than seven-day continuous shift workers).
15.3 The ordinary
hours of work for day workers prescribed herein shall be worked continuously,
except for meal breaks, at the discretion of the employer between 7.00 a.m. and
7.00 p.m. and by shift workers (not being seven-day continuous shift workers)
in not more than five shifts in accordance with the provisions of clause 20,
Shifts.
15.4 The ordinary
hours of work prescribed herein shall not exceed 10 on any day. Provided that
in any arrangement of ordinary working hours where the ordinary working hours
are to exceed eight on any day, the arrangement of hours shall be subject to
the agreement of the employer and the majority of employees in the plant or
section or sections concerned.
15.5 The usual
starting and/or finishing time in any factory or part thereof shall not be
altered except on seven days notice to the appropriate shop steward or
representative of the Union.
15.6 Where the
ordinary hours of work on any specified day do not exceed six hours, these
hours may be worked without a meal break by agreement of the majority of
employees and the employer concerned, subject to the provisions of subclause
39.11.
16. IMPLEMENTATION
OF 38-HOUR WEEK
16.1 Ordinary hours
of work shall be 38 or an average of 38 per week as provided in clause 15,
Hours of Work, clause 20, Shifts, and clause 21, Seven-day Continuous Shift
Work.
16.2 Except as
provided in subclauses 16.4 and 16.5 hereof the method of implementation of the
38-hour week may be any one of the following:
16.2.1 by
employees working less than eight ordinary hours each day; or
16.2.2 by
employees working less than eight ordinary hours on one or more days each
week; or
16.2.3 by
fixing one day on which all employees will be off during a particular work
cycle; or
16.2.4 by
rostering employees off on various days of the week during a particular work
cycle so that each employee has one day off during that cycle; or
16.2.5 by
accruing an entitlement to rostered days off up to a maximum of seven days and
thereby averaging 38 hours over a period not exceeding six months.
16.3 In each plant,
an assessment should be made as to which method of implementation best suits
the business and the proposal shall be discussed with the employees concerned,
such method may be altered by mutual agreement.
16.4 Subject to the
provisions of subclause 15.4, and paragraph 21.11 , the employer and majority
of employees In the plant or section or sections concerned may agree that the
ordinary working hours are to exceed eight on any day, thus enabling a day off
to be taken more frequently than would otherwise apply.
16.5 Circumstances
may arise where different methods of implementation of a 38-hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
16.6 Notice of Days
Off -
16.6.1 Except
as provided in subclause 16.7 hereof, in cases where by virtue of the
arrangement of his ordinary working hours an employee in accordance with
paragraphs 16.2.3, 16.2.4and 16.2.5 hereof, is entitled to a day or days off
during his work cycle, such employee shall be advised by the employer at least
four weeks in advance of the day or days he is to take off.
16.6.2 Where
a system of working is adopted to allow one rostered day off in each four-week
cycle or the banking of rostered days off an employee shall not be entitled to
more than 12 such rostered days off in any 12-month period.
16.7 Substitute Days
- The day or days scheduled to be the day or days off in accordance with
paragraphs 16.2.3, 16.2.4 and 16.2.5 hereof may be worked as an ordinary day or
days without penalty when substituted by another day or days by agreement
between the employer and the employee concerned or where a number of employees
are concerned by agreement between the majority of the employees.
17. PROCEDURES FOR
IN-PLANT DISCUSSIONS
17.1 Procedures
shall be established for in-plant discussions, the objective being to agree on
the method of implementing a 38-hour week in accordance with clauses 15, 16,
20, and 21 and entailing an objective review of current practices to establish
where improvements can be made and implemented.
17.2 The procedures
should make suggestions as to the recording of understandings reached and
methods of communicating agreements and understandings to all employees,
including the overcoming of language difficulties.
17.3 The procedures
should allow, for the monitoring of agreements and understandings reached
in-plant.
17.4 There shall be
an ongoing character attached to the review of practices to establish where
improvements can be made and implemented.
18. OVERTIME
18.1 Payment for
Working Overtime - Except as provided in clause 21 for all work done outside
ordinary hours the rate of pay shall be time and a half for the first three
hours and double time thereafter, such double time to continue until the
completion of the overtime work. For the purpose of this clause ordinary hours
shall mean the hours worked in an establishment in accordance with clauses 15,
16, 17 and 20. Provided that the
ordinary hours of a night shift finishing on Saturday morning shall not be
subject to overtime rates.
18.1.1 Provided
further that an employee required to work overtime on a Saturday shall be
afforded at least three hours work or paid for three hours at the appropriate
rate except where such overtime is continuous with a shift or rostered work
period or overtime commenced on the day previous. The hourly rate, when
computing overtime, shall be determined by dividing the appropriate weekly wage
by 38, even in cases when an employee works more than 38 ordinary hours in a
week.
18.1.1(i) The
38 ordinary hours of work each week may be worked in four days without
incurring overtime penalties provided that the hours on any day shall not
exceed 10 and provided the provisions of paragraph 20.1.5(iii) of clause 20,
Shifts, are observed and provided further that mutual agreement is obtained.
18.2 Employees
required to work overtime for more than two hours without being notified on the
previous working day or earlier that they will be required to work shall be
paid a meal allowance as set out in Item 17 of Table 2 - Other Rates and
Allowances of Part B. When the employee
so requests, such payment shall be made before the overtime is worked. If the
notice is given and overtime is not worked (except as a result of a breakdown
in machinery or plant) the meal allowance prescribed herein shall be paid. An
employee who was required to work overtime of not less than two hours and was
notified the previous day, but subsequently is informed on the following day
that overtime is not required, shall be paid one hour's pay at the rate of time
and one-half.
18.2.1 Irrespective
of whether or not a meal allowance is paid as a result of working overtime a
second meal break shall be taken not later than four hours after the completion
of the first meal break where such overtime continues after the second meal
break.
18.3 Employees under
18 years of age required to work overtime shall be paid overtime at the rate of
time and one-half to a maximum of three hours in any one day Monday to Saturday
inclusive and 10 hours in one week, and double time thereafter.
18.4 Employees under
the age of 16 years shall not work overtime for more than two hundred hours in
a calendar year. Provided that further overtime shall be allowed when the Union
cannot supply competent and suitable labour, and the consent of the Union is
first obtained.
18.5 Rest Period
After Overtime - When overtime work is necessary it shall, wherever reasonably
practicable, be so arranged that employees have at least 10 consecutive hours
off duty between the work of successive days.
18.5.1 An
employee who works so much overtime between the termination of ordinary work on
one day and the commencement of ordinary work on the next day that they have
not had at least 10 consecutive hours off duty between those times shall,
subject to this subclause, be released after completion of such overtime until
they have had 10 consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
If on the instructions of his employer such an employee
resumes or continues work without having had such 10 consecutive hours off duty
the employee shall be paid at double rates until released from duty for and
shall then be entitled to be absent until they have had 10 consecutive hours
off duty without loss of pay for ordinary working time occurring during such
absence.
18.5.2 The
provisions of this subclause shall 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 such shift worker; or
(iii) where
a shift is worked by arrangement between the employees themselves.
18.6 Call Back - An
employee recalled to work overtime after leaving the employer's business
premises (whether notified before or after leaving the premises) shall be paid
a minimum of three hours work at the appropriate rate for each time so
recalled. Provided that, except in the case of unforeseen circumstances
arising, the employee shall not be required to work the full three hours if the
job the employee was recalled to perform is completed within a shorter period.
This subclause shall not apply in cases where it is customary for an employee
to return the employer's premises to perform a specific job outside ordinary
working hours or where the overtime is continuous (subject to a reasonable meal
break) with the completion or commencement of ordinary working time.
Overtime worked in the circumstances specified in this
subclause shall not be regarded as overtime for the purpose of subclauses 18.2
and 185 of this clause where the actual time worked is less than three hours on
such recall or each of such recalls.
18.7 Requirement to
Work Reasonable Overtime -
18.7.1 An
employer may require any employee to work reasonable overtime at overtime rates
and such employee shall work overtime in accordance with such requirement.
18.7.2 The
organisation party to this award shall not in any way, whether directly or
indirectly, be a party to or concerned in any ban, limitation or restriction
upon the working of overtime in accordance with the requirements of this
subclause.
18.7.3 Transport
of Employees - When an employee after working overtime or a shift for which
they have not been regularly rostered, finishes work at a time when the usual
or other reasonable means of transport are not available, the employer shall
provide the employee with transport home or pay the employees’ ordinary wages
for the time reasonably occupied in reaching their home.
19. TIME OFF IN
LIEU OF OVERTIME
19.1 Such
arrangements shall be done on an individual basis, i.e., agreement must be
reached between an individual employee and the employer.
An employee retains the choice of working overtime for
time off in lieu or overtime for payment.
19.2 Substitute time
may be banked to a maximum of 38 hours at any one time.
19.3 Overtime hours
worked on Monday to Friday will qualify for an equal number of ordinary hours
time off, e.g., 4 hours worked equals 4 hours off.
19.4 Overtime hours
worked on Saturdays will accrue at the rate of time and a half for the first 3
hours worked, and double time for each subsequent hour.
19.5 Overtime hours
worked on Sunday will accrue at the rate of double time for each hour worked.
19.6 Time off that
is accrued is to be paid at the current rate of pay when taken.
19.7 If called upon
to work at any agreed time-off period the following shall apply:
19.7.1 the
employer and the employee may agree upon an alternative period of time to be
taken off in substitution; or
19.7.2 if
there is no agreement to an alternative period of time to be off in
substitution, then the following shall apply:
(a) employees
shall be paid at the appropriate overtime rate for that period of the time
accrued worked; and
(b) the time
banked will remain unchanged.
19.8 Any untaken
accrued time off shall be taken and paid for at the time of taking the annual
leave or other mutually agreed period or upon termination.
20. SHIFTS
20.1 The following
shifts may be worked in the industry:
20.1.1 "Day
shift" shall mean a shift worked between the hours of 7.00 a.m. and 7.00
p.m. provided that in cases where employees are required to work overtime
commencing at 6.00 a.m. for a period exceeding four consecutive weeks they
shall be deemed to be engaged on a "morning shift".
20.1.2 "Morning
shift" shall mean a shift commencing at 6.00 a.m.
20.1.3 "Afternoon
shift" shall mean a shift finishing time after 6.00 p.m. but not later
than midnight.
20.1.4 "Night
shift" shall mean a shift finishing time which shall be after midnight but
not later than 8.00 a.m.
20.1.5 "Permanent
night shift" shall mean a shift which is applicable to an employee who:
(i) during a
period of engagement 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 at least one-third of his working time off night shift
in each shift cycle.
20.1.6 "Short
shift" shall mean a shift of not less than 20 ordinary working hours per
week.
Provided that to meet extraordinary circumstances, the
foregoing hours may be varied by mutual agreement in writing between the
employer concerned and the Secretary of the Union.
Provided further that by mutual agreement between the
employer and the employees and with the concurrence of the Union, the hours of
duty prescribed herein for a night shift worker may be worked in four shifts.
Under any such arrangement, all hours of duty beyond nine hours, even if they
come within the starting and finishing time of a shift, shall be paid for at
overtime rates.
20.2 Subject to the
provisions of this clause employees under 18 years of age are prohibited from
working after 11.00 p.m. but shifts for employees under eighteen years of age
may be worked between the hours of 6.00 a.m. and 11.00 p.m. subject to the
following conditions:
20.2.1 Such
employees shall in addition to their ordinary rate, be paid per shift (other
than a day shift as defined in subclause 20.1 hereof) an amount equal to 15 per
cent of one-fifth of the award wage for Skill Level 2.
20.2.2 No
employees under 16 years of age shall be employed before 7.00 a.m.
20.3 Employees
eighteen years of age or over engaged on shifts (other than the day shift as
defined herein) shall, in addition to their ordinary rates, be paid per shift
an amount equal to 15 per cent of one-fifth of the award wage for Skill Level 2
in clause 4, Rates of Pay, irrespective of whether such shift is regarded as
morning, afternoon or night shift, whether permanent or rotating.
Provided that employees engaged on a permanent night
shift shall in addition to their ordinary rate be paid per shift an amount
equal to 30 per cent of one- fifth of the award wage for Skill Level 2 in the
said clause 4.
20.4 As far as
practicable, employees shall work shifts in rotation.
20.5 Short shifts of
employees over eighteen years of age may be worked at the discretion of the
employer. For work done on such shifts,
other than the shift as defined in subclause 20.1 hereof, employees shall in
addition to their ordinary rate be paid an hourly rate based upon an amount
equal to 15 per cent of one-fifth of the award wage for Skill Level 2 in the
said clause 4, and the resultant amount to be divided by 8.
20.6 All time worked
by a shift worker other than a seven-day continuous shift worker as defined
between midnight on Sunday and 7.00 am. on Monday shall be paid for at the rate
of time and a half for the first three hours and double time thereafter.
20.7 Starting the
week's hours on a Sunday night any employee who is employed on a Sunday shall,
for all time worked on that day be paid at the rate of double time. Provided
that where by mutual agreement between an employer and his employees and with
the consent of the Union, shifts are rearranged to commence on Sunday instead
of Monday, ordinary rates shall be paid for Sunday work.
20.8 An employee who
is required to change from one shift to another without two working days'
notice of such change of shifts shall be paid the amount extra as set in Item
18 of Table 2 - Other Rates and Allowances of Part B as compensation, but this
shall not apply during any period where power restrictions are operating.
20.9 Shift workers
may be required to work until the completion of their shifts on holidays
without the payment of holiday rates, provided they are not required to work on
the night shift commencing on a holiday.
Where a holiday prescribed by this award is observed on a Monday, shift
workers may be given time off on the shift commencing on the Sunday night
preceding a holiday and in such event shall be required to work on the usual
night shift commencing on the holiday without additional pay.
Provided further that where an employee works two
complete shifts on a holiday, both shifts shall be paid for as holiday shifts.
20.10 Except for the
regular changeover of shifts, no employee shall be required to change from one
shift to another without a break of at east 12 hours.
20.11 The additional
shift rates fixed in subclauses 20.2, 20.3 and 20.5 hereof shall be calculated
to the nearest cent with any fraction of a cent in the result less than half a
cent being disregarded.
21. SEVEN-DAY
CONTINUOUS SHIFT WORK
21.1 "Seven-day
continuous shift work" means work carried out with consecutive shifts of
employees throughout the 24 hours of each of the seven days of the week without
interruption except during breakdowns or due to unavoidable causes beyond the
control of the employer.
21.2 "Sick
Pay" - Subject to the provisions of subclause 21.11 where the ordinary
hours of a roster provide for a rostered overtime shift then employees shall be
entitled to claim sickness benefits at ordinary rates for absences occurring
through illness on the rostered overtime shift.
21.3 "Overtime"
work performed by seven-day continuous shift workers shall be paid at the rate
of double time.
21.4 Seven-day
continuous shift workers for work done on a rostered shift, the major portion
of which is performed on a Saturday, shall be paid at the rate of time and a
half. Such extra rate shall be in substitution for and not cumulative upon the
shift premium elsewhere prescribed.
21.5 Seven-day
continuous shift workers for work done on a rostered shift, the major portion
of which is performed on a Sunday, shall be paid at the rate of double
time. Such extra rate shall be in
substitution for and not cumulative upon the shift premium elsewhere
prescribed.
21.6 Seven-day
continuous shift workers for work done on a rostered shift, the major portion
of which is performed on a public holiday, shall be paid at the rate of double
time. Such extra rate shall be in substitution for and not cumulative upon the
shift premium elsewhere prescribed.
21.7 A seven-day
continuous shift worker who is rostered to work regularly on Sundays and
holidays, when his rostered day off falls on a public holiday prescribed by
this clause shall at the discretion of the employer, be paid for that day at
the ordinary rate or have an additional day added to his annual leave. This
subclause shall not apply when the holiday on which he is rostered off falls on
a Saturday or Sunday.
21.8 In any area
where by reason of the legislation of a State, "summer time" is
prescribed as being in advance of the standard time of that State, the length
of any shift:
21.8.1 commencing
before the time prescribed by the relevant legislation for the commencement of
a summer time period; and
21.8.2 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 in each case to be set
to the time fixed pursuant to the relevant State legislation.
In this subclause the expressions "standard
time" and "summer time" shall bear the same meaning as are
prescribed by the relevant State legislation.
21.9 Save as
aforesaid, all the provisions of the award shall apply to seven-day continuous
shift workers.
21.10 This subclause
shall apply to shift workers on continuous work as hereinbefore defined. The ordinary hours of shift workers shall,
average 38 per week inclusive of crib time and shall not exceed 152 hours in 28
consecutive days; provided that, where the employer and the majority of
employees concerned agree, a roster system may operate on the basis that the
weekly average of 38 ordinary hours is achieved over a period not exceeding 28
consecutive days. ,. Subject to the following conditions, such shift workers
shall work at such times as the employer may require:
21.10.1 A
shift shall consist of not more than 10 hours inclusive of crib time. Provided that in any arrangement of ordinary
working hours where the ordinary working hours are to exceed eight on any shift
the arrangement of hours shall be subject to the agreement of the employer and
the majority of employees concerned.
21.10.2 Except
at the regular changeover of shifts, an employee shall not be required to work
more than one shift in each 24 hours.
21.10.3 Twenty
minutes shall be allowed each shift for a meal which shall be counted as time
worked.
21.11 12-Hour Shifts -
21.11.1 The
ordinary hours of shift workers shall average 38 per week inclusive of crib
time and shall not exceed 152 ordinary hours in 28 consecutive days.
21.11.2 A
maximum of 168 hours may be rostered in 28 consecutive days. These hours shall
be rostered on the basis that no employee shall be rostered to work more than 4
consecutive shifts.
21.11.3 Payment
is to be made on the following basis:
Monday to Friday: First 10 hours at ordinary rate plus
2 hours at double time plus shift penalty where appropriate.
Saturday: time and a half for all hours worked.
Sunday: double time for all hours worked.
21.11.4 Shift
work arrangements shall be agreed between the employer, employees and the Union
in the enterprise or sections concerned.
The agreements reached will reflect those arrangements
best suited to the work of the enterprise and with due regard to employees'
health and safety, including:
(i) roster
arrangements;
(ii) supervision;
(iii) health
counselling and monitoring.
These and other matters are outlined in the Code of
Conduct on Twelve-hour Shifts - Schedule C of this award.
22. TERMS OF
ENGAGEMENT
22.1 Contract of
Employment - Employment shall be by the week, except in the case of part-time
workers.
22.2 An employee to
become entitled to payment under this award shall be ready, willing and
available for work at the times and during the hours usually worked by the
employee.
Provided that any employee starting work shall be
entitled to at least one half day's pay and any pieceworker to one half day's
work.
22.3 Termination of
Employment - Weekly and Part-time Employees -
(i) Notice of
Termination by Employer -
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service Period
of Service Notice
1 year or less 1
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
(2) If the said
notice is given before the first half of any day or shift, then that day or
shift shall be counted as part of the notice. If notice is given after the
first half of any day or shift then that day or shift shall not be counted as
part of the week's notice.
(3) In addition to
the notice in subparagraph 22.3(i)(1) hereof, employees over 45 years of age at
the time of the giving of the notice with not less than two years continuous
service shall be entitled to an additional week's notice.
(4) Payment in
lieu of the notice prescribed in subparagraphs 22.3(i)(1) and/or 22.3(i)(3)
hereof 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.
(5) In calculating
any payment in lieu of notice the wages an employee would have received in
respect of the ordinary time the employee would have worked during the period
of notice had employment not been terminated shall be used. All amounts in
respect of overaward payments, overtime in the case of an employee who works
overtime on a permanent basis and payments under subclauses 10.2 and 10.6,
shall be included. Except as
aforementioned, all amounts in respect of overtime, payment by results systems,
shift allowances and all other penalty or special rates shall be excluded.
(6) The period of
notice in this subclause shall not apply in the case of dismissal for conduct
that justifies instant dismissal, including malingering, inefficiency, neglect
of duty or non-observance of company safety provisions, or in the case of
apprentices, or employees engaged for a specific period of time or for a
specific task or tasks.
(7) For the
purpose of this subclause, continuity of service shall be calculated in the
manner prescribed by subclause 35.5
(ii) 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, save and except
that there shall be no additional notice based on the age of the employee
concerned. If an employee fails to give notice the employer shall have the
right to withhold moneys due to the employee with a maximum amount equal to the
ordinary-time rate of pay for the period of notice.
Provided that after twelve months continuous service an
employee on producing evidence satisfactory to the employer may, on
compassionate grounds, be not required to give more than one week's notice.
Termination by Agreement - When an employer or employee
gives notice of termination of employment, the parties may mutually agree to
the employment ending before the expiration of the period of notice, and in
such cases wages shall be paid only up to the time of agreed termination.
(iii) Time Off
During Notice Period - Where an employer has given notice of termination 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.
(iv) 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 his or her employment and the classification
of or the type of work performed by the employee.
(v) Summary
Dismissals -The employer shall have the right to dismiss any employee without
notice for conduct justifying instant dismissal including malingering,
inefficiency, neglect of duty or non observance of company safety provisions
and in such cases the wages shall be paid up to the time of dismissal only.
(vi) Unfair
Dismissals - Termination of employment by an employer shall not be harsh,
unjust or unreasonable.
For the purposes of this clause, termination of
employment shall include terminations with or without notice.
Without limiting the above, except where a distinction
exclusion or preference is based on the inherent requirements of a particular
position, termination on the ground of race, colour, sex, marital status,
family responsibilities, pregnancy, religion, political opinion, national
extraction and social origin shall constitute a harsh, unjust or unreasonable
termination of employment.
(vii) Disputes
Settlement Procedures - Unfair Dismissals - Any dispute or claim arising under
paragraph 22.3 (vi) should be dealt with in the following manner:
(1) As soon as is
practicable after the dispute or claim has arisen, the employee concerned will
take the matter up with his or her immediate supervisor, affording him or her
the opportunity to remedy the cause of the dispute or claim.
(2) Where any such
attempt at settlement has failed, or where the dispute or claim is of such a
nature that a direct discussion between the employee and his or her immediate
supervisor would be inappropriate, the employee shall notify a duly authorised
representative of his or her union who, if he or she considers that there is
some substance in the dispute or claim, shall forthwith take the matter up with
the employer or his or her representative.
(3) If the matter
is not settled it shall be submitted to the Industrial Committee which shall
endeavour to resolve the issue between the parties by conciliation.
(4) Without
prejudice to either party, work should continue in accordance with the award
while the matters in dispute are being dealt with in accordance with this
paragraph.
22.4 The employer
shall have the right to deduct payment for any time the employee cannot be
usefully employed because of any strike or through any breakdown of machinery
or any stoppage of work by any cause for which the employer cannot reasonably
be held responsible.
(ii) Employees may
be stood down at any time when no work is offering subject to the following
procedure:
(1) (A) Prior to any stand-down there is
consultation with the relevant employees including the duration and reason(s)
for such stand-down, the number of employees affected and arrangements for
on-going communications between the employees, the Textile, Clothing and
Footwear Union of Australia (TCFUA) and the employer;
(B) There is
agreement between the affected employees and the employer;
(C) The TCFUA is
advised prior to the proposed stand-down and details thereof-, and
(D) There is
agreement in writing between the relevant State secretary or his or her
representative of the TCFUA and the employer prior to the proposed stand-down.
The union will not unreasonably delay the process or withhold its agreement.
(2) An employer
and the relevant State Secretary of the TCFUA or his or her representative may
adopt a different procedure in writing than that contained in subparagraph (1)
hereof.
(3) Provided that,
when a weekly employee has been given notice of termination, he shall not be
stood down when no work is offering.
(4) Provided also
that such standing-down of an employee shall not break the continuity of
service for the purposes of annual leave, holidays and sick leave. Employees
cannot be stood down due to a lack of work on a public holiday. Employees'
entitlements in respect of accrual of annual leave, sick leave and public
holidays shall not be reduced as a result of being stood down.
22.5 Notification of
Absence -
(i) Subject to
paragraph (ii) hereof an employee who is absent from work without the
employer's consent for a continuous period exceeding one working day shall on
the first day of the absence, if practicable, and in any event within 24 hours
of the commencement of such absence or within four hours of the commencement of
the next working day or shift inform the employer of the inability to attend for
duty and, as far as practicable, state the reason for the absence and the
estimated duration thereof.
(ii) An employee
who proves to the satisfaction of his employer that his failure to give the
required particulars of an absence was reasonable in the circumstances shall
not be in breach of this subclause.
22.6 Abandonment of
Employment -
(i) The absence
of an employee from work for a continuous period exceeding three working days
without the consent of the employer or without notification to the employer in
accordance with subclause 22.5 hereof shall be prima facie evidence that the
employee has abandoned their employment.
(ii) If within a
period of 14 days from the employee’s last attendance at work or the date of
the 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 the absence was for a reasonable cause, the employee shall be
deemed to have abandoned their employment.
(iii) 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 notification was given to the employer, whichever is the
later.
22.7 Power and Other
Stoppages - In the case of any power stoppage, or breakdown of machinery or any
stoppage of work by any cause for which the employer cannot reasonably be held
responsible, any employee required to attend for work in accordance with this clause
and does so attend shall be paid as for at least two hours work at time
rates. This provision will have no
application where the employer can demonstrate that an attempt, for example,
telephone call, was made to notify the employee of the non-requirement to
attend for duty.
Provided further that payment shall be made at time
rates to an employee who is kept on the employer's premises at the direction of
the management in excess of two hours.
Where an employee commences work they shall be entitled
to be paid as for at least three hours work on that day.
22.8 Termination of
Employment Prior to Holiday - Where the employer terminates the employment of
an employee within two weeks prior to a day on which a holiday occurs, and such
employee is re-engaged within a period of one month after such holiday or
holidays, the employee shall be paid for such holiday or holidays prescribed by
this award, provided that such employee has been employed by the employer for a
period of at least two weeks prior to the termination of employment.
22.9 The first month
of employment will be on a trial basis and may be terminated by two days notice
by either side except during the first week of employment when termination will
be by one hour's notice on either side; provided that if the requisite notice is
not given during this period the payment or forfeiture of one hour or two days
wages, depending upon when termination is effected will be applied.
23. PART-TIME
EMPLOYMENT
23.1 A part-time
employee is one engaged for less than 38 hours per week as a day worker or a
shift worker. Such employees may be
employed subject to the following conditions:
23.1.1 They
shall be employed for not less than 19 hours in any week.
23.1.2 If
time workers, they shall be paid for each hour worked at the rate of at least
one thirty-eighth of the minimum weekly wage prescribed by this award for the
class of work performed by them and, if payment by results workers, they shall
be paid at the appropriate payment by results rate payable under this award but
in no case shall any of such employees be paid less than so much of the minimum
weekly award wage prescribed by the said award as is proportionate to the time
worked by them.
23.1.3 The
payment or deduction of payment in lieu of notice of termination of employment
shall be calculated on a proportionate basis.
For example, where an employee was rostered for 19 hours in the
preceding week, then the pro rata amount is 19/38 of the rate of wage for the
classification involved.
23.1.4 The
total provisions of this award as regards annual leave, sick pay and public
holidays shall apply to such part-time employees but they shall be paid in
respect of the period of such annual leave and sick pay only in proportion to
the average number of hours worked each week during the previous six months or,
if there is not a six-month period of employment, then the average on the
actual period of employment. Provided
that in the case of public holidays a part-time employee shall only be entitled
to payment for the number of hours such employee would normally have worked had
the day been an ordinary working day.
23.1.5 Save
as aforesaid, all the provisions of this award shall apply to such part-time
employee.
24. CASUAL
EMPLOYMENT
24.1 A casual
employee is an employee engaged either full-time or less than 38 hours per week
to meet short term work demands on the following terms:
24.1.1 a
3-hour minimum daily engagement period;
24.1.2 an
8-hour minimum engagement in any one week;
24.1.3 an
8-week continuous maximum period or 40 working days of employment. This period can be extended subject to the
arrangement being confirmed in writing from the Union;
24.1.4 a
4-week break in the employment cycle after completing 24.1.3 above;
24.1.5 a
ratio of 1:15 or fraction thereof shall apply.
Any changes to this ratio may be negotiated with the Union in accordance
with the Enterprise Bargaining clause with the exception that the agreement
shall only be required in writing from the Union.
24.2 A casual
employment shall be engaged by the hour.
Employment shall be terminated by either the giving of one hour's notice
by either party or the payment or forfeiture of one hour's wage.
24.3 A casual
employee shall be paid per hour 1/38 of the weekly award wage prescribed for
the relevant classification/wage band plus a loading of 20 per cent. This payment shall compensate for payment of
sick leave, annual leave and public holidays.
24.4 The relevant
penalty rate shall apply for work performed on Monday to Friday outside the
normal span of hours as specified in subclause 15.3 on Saturdays, Sundays and
public holidays.
24.5 Casual
employees shall be entitled to superannuation payments after four weeks
service.
24.6 Where
retrenchments occur, casual employees engaged in the same classification/
occupation will be the first to be terminated.
25. MEAL HOURS,
MEAL INTERVALS AND CRIB TIMES
25.1 Day Workers -
Two-shift Workers -
25.1.1 A
meal interval of not less than 30 minutes and not more than one hour shall be
allowed each day or shift.
25.1.2 Unless
directed by the employer, no work shall be performed by an employee during the
unpaid meal interval.
25.1.3 Time
and one-half rates shall be paid to any employee required to work during the
unpaid meal interval.
25.1.4 Where
two eight-hour shifts are worked and no meal interval is given, 20 minutes
shall be allowed, as opportunity offers, to shift workers each shift for crib,
which shall be counted as time worked.
25.1.5 Any
employee required to work for a period of 12 consecutive hours (including crib
breaks) as normal daily hours of work
shall be entitled to two separate paid crib breaks, each of 20 minutes
duration, which shall be counted as time worked.
25.1.6 No
employee shall partake of a meal other than a crib in a production area. In such cases, proper dining accommodation
shall be provided in the production area.
25.2 Three-shift
Workers - Where three eight-hour shifts are worked and no meal interval is
given, 20 minutes shall be allowed, as opportunity offers, to shift workers
each shift for crib which shall be counted as time worked, provided that the
method of granting crib times may be varied by agreement between the employer
and the Secretary of the Union to suit the circumstances of the establishment.
25.3 Short Shift
Workers -
25.3.1 Where
a short shift of up to and including five hours is worked, 10 minutes shall be
allowed, as opportunity offers, to such short shift workers each shift for a
rest break which shall counted as time worked.
25.3.2 Where
a short shift over five hours and less than eight hours is worked and no meal
interval is given, 20 minutes shall be allowed, as opportunity offers, to such
short shift workers each shift for crib which shall be counted as time worked.
25.3.3 The
provisions of subclause 39.11, Tea Break, shall not apply to short shift
workers in respect of whom paragraphs 25.3.1 and 25.3.2 of this subclause
apply.
25.4 No employee
shall work for more than five hours without a meal break unless by mutual
agreement.
25.5 An employee
engaged in the maintenance of plant shall, when breakdowns occur, work meal
hours at the ordinary rates herein prescribed whenever instructed to do so.
25.6 Each employee
shall have a meal interval fixed and having been fixed it shall not be altered
except by mutual agreement or on seven days notice to a shop steward employed
in the mill or factory and, where there is no shop steward, on notice to the
Secretary of the Union, or in the event of an emergency such as a power
breakdown.
26. PUBLIC
HOLIDAYS
26.1. Subject to the
limitations mentioned hereinafter, employees shall be entitled to the following
public holidays without deduction of pay (which is the ordinary rate of pay an
employee would have received for the hours that they would have worked had the
day not been a holiday) on the following days:
26.1.1. New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Eight Hour day or Labour Day, Christmas Day and Boxing
day.
26.1.2. Provided
that in addition to the public holidays prescribed above the following days
shall be observed: Easter Tuesday shall be observed as a holiday except in
years when Anzac Day falls on a Tuesday when the holiday shall be observed on
the preceding day or where Anzac Day falls on a Thursday or a Friday in which
case the holiday shall be observed on the succeeding working day except on a
Saturday or a Sunday.
26.2.1 When
Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be
observed on 27 December.
26.2.2 When
Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be
observed on 28 December.
26.2.3 When
New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu
thereof shall be observed on the next Monday.
26.3 Where public
holidays are declared or prescribed on days other than those set out in 26.1
and 26.2 above, those days shall constitute additional holidays for the purpose
of this award.
26.4
26.4.1 An
employer, with the agreement of the union which is party to this award, may substitute
another day for any prescribed in this clause.
26.4.2 (a) An employer and the employees may agree
to substitute another day or any prescribed in this clause. For this purpose,
the consent of the majority of affected employees shall constitute agreement.
(b) An agreement
pursuant to (a) above shall be recorded in writing and be available to every
affected employee.
(c) The union
which is party to this award shall be informed of an agreement pursuant to (a)
above and may within seven days refuse to accept it. The union will not
unreasonably refuse to accept the agreement.
(d) If a union,
pursuant to (c) above, refuses to accept an agreement, the parties will seek to
resolve their differences to the satisfaction of the employer, the employees
and the union.
(e) If no
resolution is achieved pursuant to (d) above, the employer may apply to the
relevant Industrial Committee for approval of the agreement reached with his or
her employees. Such an application must be made fourteen or more days before the
prescribed holiday.
26.5 Public holiday
penalty loadings
All work done by an employee on the holidays prescribed
in subclause 26.1 of this clause shall be paid for as follows, subject to the
other provisions of this clause-
26.5.1 Time
workers - time and a half of the ordinary rate in addition to the ordinary
rate.
26.5.2 Piece
workers - time and a half of the ordinary rate payable to employees on time
worked doing the same class of work in addition to such piece work earnings.
26.6 Piece workers
An employee working under any system of piece work
shall be paid for such holidays at the ordinary rate payable to an employee
working as a time worker doing the same class of work.
26.7 Rostered day
off or accumulated time off falling on a holiday
In the case of an employee whose ordinary hours of work
are arranged in such a manner as to entitle the employee to a rostered day off,
the weekday to be taken off shall not coincide with a holiday fixed in
accordance with this clause. Provided that, in the event that a holiday is
prescribed after an employee has been given or gives notice of a weekday off
and the holiday falls on such weekday, the employer shall allow the employee to
take an alternative weekday off in lieu of the holiday.
26.8 Termination
within twenty-one days of Christmas/New Year and Easter
In the case of an employee with at least one months'
service with the employer whose services are terminated by the employer through
no fault of the employee within twenty one days prior to the Christmas, New
Year or Easter holiday(s), the employee shall be paid for any such holiday the
amount the employee would have received had employment not been terminated.
26.9 Full-time
employees working non-standard hours
This subclause applies to full-time employees who do
not regularly work a five-day, Monday to Friday week.
26.9.1 When
a prescribed holiday falls upon a day when the employee would not be working in
any event the employee shall receive-.
(a) A day’s paid
leave to be taken on another day or added to annual leave (to be mutually
agreed between the employer and the employee); or
(b) An additional
day's wage.
26.9.2 If
an employee is rostered to work on the public holiday or its substitute day
(except Christmas Day) the employee is entitled to:
(a) If the
employee is not required to work on the public holiday the employee shall
receive the payment the employee would ordinarily receive for that day and is
not entitled to the substituted day off.
(b) If the
employee is required to work on the public holiday the employee is entitled to
receive the normal rates of pay for working that day and the substitute day as
a holiday. (If the substitute day is a non-working day for the employee, the
employee would receive the compensation described in paragraph 26.9.1 above.)
(c) If the
employee is required to work on the substitute day the employee shall receive
the rates of pay for working on a public holiday.
26.9.3 If
an employee is rostered and required to work on both the "actual"
public holiday and its substituted day (this would only occur if the holiday
was to fall on a Saturday or a Sunday) the employee would be entitled to:
(a) A day's paid
leave to be taken on another day or added to annual leave (to be mutually
agreed between the employer and the employee); or
(b) Payment at
public holiday rates for the day's work for the substituted day, and payment at
the normal rates for Saturday or Sunday for the actual public holiday.
26.9.4 Christmas
Day Loading
If the employees are rostered to work on a Saturday or
Sunday that is a Christmas Day and are required to work, the employee shall
receive the normal Saturday or Sunday rate plus a loading of one-half of a
normal day's wages for the full day's work and be entitled to the substitute
day.
26.10 Permanent
part-time employees (non- casual)
Where the normal roster of a part-time employee
includes a day that is a holiday, the employee shall receive the normal pay
they would have received on that day and enjoy the holiday or receive the
appropriate public holiday rate for working whatever hours they work during it.
26.10.1 For a
part-time employee whose normal roster includes a Saturday or Sunday that would
be a prescribed holiday but for the substitution of an alternative day, the
following shall apply:
(a) The employee
shall be granted leave with pay on the "actual day" without any
substitution; or
(b) The employee
works on the "actual day" at normal Saturday or Sunday rates (if the
Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and
is allowed to take another day with pay, which may or may not be the prescribed
substitute day, as a holiday; or
(c) The employee
works on the "actual day" at normal Saturday or Sunday rates (if the
Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and
receives, in addition, payment at ordinary time rates for an additional day of
equal length (with no substitution of an alternative day).
26.10.2 If
any of these benefits applies, the employee who works on the prescribed substitute
day should do so at ordinary time rates.
26.11 Casual employees
working on public holidays
A casual employee who works on the day prescribed as
the public holiday shall be paid the appropriate public holiday pay as
described elsewhere in this award. The
employee should receive the ordinary casual rate plus the applicable
penalty. That is, the casual loading of
twenty per cent and the prescribed holiday rate for non-casual employees of 2.5
times ordinary rates. The casual will
be paid 2.7 times the ordinary rate for non-casual employees.
26.12 Absences before
or after public holidays
26.12.1 Where
an employee is absent from employment on the working day or part of the working
day before or the working day or part of the working day after a public holiday
or group of public holidays to which the employee is entitled, and such absence
is without reasonable cause, proof whereof shall be upon the employee, the
employee shall not be entitled to payment for the holiday immediately
succeeding or immediately preceding the absence, as the case may be.
26.12.2 When
an employee is absent through illness or other reasonable cause from their
employment for a period exceeding ten working days, the employee shall not be
entitled to payment for any holidays occurring during such period of absence.
Provided that where an employer consents to an employee
having leave beyond the period mentioned, payment shall be made for such
holiday or holidays occurring in the period of absence.
26.13 Minimum hours of
work on a public holiday
An employee required to work on a public holiday shall
be afforded at least 3 hours work or paid for 3 hours at the appropriate rate
except where such work is continuous with a shift or rostered work period or
with overtime which commenced on the day previous.
27. SUNDAY WORK
27.1 All work done
by an employee on a Sunday shall be paid for as follows:
27.1.1 A
time employee shall be entitled to receive payment for the time worked at their
ordinary rate in addition to their ordinary rate.
27.1.2 A
piece worker shall be entitled to receive payment for the time worked on the
basis of the ordinary rate payable to an employee on time work doing the same
class of work in addition to the employee's piece work earnings.
27.2 An employee
required to work on a Sunday shall be afforded at least 3 hours work or paid
for 3 hours at the appropriate rate except where such work is continuous with a
shift or rostered work period or with overtime which commenced on the day
previous.
28. SICK LEAVE
28.1 An employee on
weekly hiring who is absent from work on account of personal illness, or on
account of injury by accident arising out of and in the course of their
employment, shall be entitled to leave of absence, without deduction of pay,
subject to the following conditions and limitations:
28.1.1 The
employee shall not be paid leave of absence for any period in respect of which
the employee is entitled to workers' compensation.
28.1.2 The
employee shall, notify the employer prior to the commencement of work or as
soon as it is reasonably practicable and during the ordinary hours of the first
day or shift of such absence, inform the employer of their inability to attend
for duty, and as far as practicable state the nature of the injury or illness
and the estimated duration of the absence. 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 the
commencement of the absence.
28.1.3 The
employee shall prove to the satisfaction of the employer (or in the event of a
dispute to the Industrial Committee) that the employee was unable on account of
such illness or injury to attend for duty on the day or days for which sick
leave is claimed. For such purpose the employer may require an employee to make
a statutory declaration or submit a medical certificate of a duly qualified
medical practitioner verifying the cause of their absence.
28.1.4 (1) The employee shall not be entitled during
their first sick leave year with an employer (that is, from the date of
engagement until 31 December next following) to leave in excess of 38 hours of
working time. Provided that during the first sick leave year of any period of
service with an employer, the employee shall be entitled to sick leave which
shall accrue on a pro rata basis of 3.17 hours of working time for each month
of service completed with that employer.
(2) The employee
shall be entitled during the second sick leave year of continuous service with
an employer to paid leave of absence for not more than 46 hours of working
time, subject to any accumulated leave to which the employee may be entitled in
accordance with subclause 28.4 hereof.
(3) The employee
shall be entitled during the third or subsequent sick leave year of continuous
service with an employer to paid leave of absence for not more than 61 hours of
working time, subject to any accumulated leave to which the employee may be
entitled in accordance with subclause 28.4 hereof.
(4) Sickness On
Day Off, etc. -
(A) Where an
employee is sick or injured on the weekday the employee is to take off in
accordance with paragraphs 16.2.3, 16.2.4 or 16.2.5 the employee shall not be
entitled to sick pay nor will their sick pay entitlement be reduced as a result
of their sickness or injury that day.
(B) An employee who
is absent on the ordinary working day preceding and/or the ordinary working day
following a rostered day off shall not be entitled to payment of sick pay for
the day or days unless the employee produces to the employer a certificate from
a duly qualified medical practitioner. Providing that if satisfactory evidence
of sickness or injury acceptable to the employer is produced then the necessity
of a medical certificate may be waived.
28.2 For the purpose
of this clause, a month shall be reckoned as commencing with the beginning of
the first day of employment in question and as ending at the beginning of the
day which in the latest month in question has the same date number as that
which the commencing day has in its month and if there be no such day in such
subsequent month, shall be reckoned as ending at the end of such subsequent
month.
28.3 For the purpose
of this clause, service shall also be deemed to be continuous in the case of an
employee who is terminated by an employer and is re-engaged within three
calendar months by that same employer, in such a case an employee on such
re-engagement shall be entitled to any sick leave accumulated during the
previous period of employment.
28.4 Sick Leave
shall accumulate from year to year so that any balance of the period prescribed
above which has in any year not been allowed to any 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 accumulated pursuant to
this subclause shall be available to the employee for a period of 12 years but
no longer from the end of the year in which it accrues.
28.5 A pieceworker
entitled to be paid leave of absence under this clause shall be paid at the
time rate applicable to their classification.
28.6 For the purpose
of this clause, a year shall be deemed to be from the first day of January to
31 December inclusive.
28.7 Part-time
employees shall, in respect of sick leave, be paid only at the rate actually
being received by them at such time.
28.8 Transmission of
Business - For the purpose only of sick leave entitlements provided in this
clause and where a textile industry business is transmitted from an employer to
another employer and a worker who at the time of such transmission was an
employee of the transmittor in that business becomes an employee of the
transmittee within one week of such transmission:
28.8.1 the
continuity of the employment of the employee shall be deemed not to have been
broken by reason of such transmission;
28.8.2 the
period of employment which the employee has had with the transmittor or any
prior transmittor shall be deemed to be employment of the employee with the
transmittee;
28.8.3 "transmission"
for the purpose of this subclause includes transfer, conveyance, assignment or
succession whether by agreement or by operation of law and
"transmitted" has a corresponding interpretation.
29. PERSONAL CARER'S LEAVE
29.1 Use of Sick
Leave
29.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subparagraph (ii) of paragraph 29.1.3, who needs the
employee's care and support, shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, provided for in
clause 28, 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.
29.1.2 The
employee shall, if required, establish either by production of a medical
certificate or statutory declaration, the illness of the person concerned and
that the illness is such as to require care by another person. In normal
circumstances, an employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
29.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the
person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives with
the first mentioned person as
the husband or wife
of that person on a
bona fide domestic basis
although not legally married to
that person; or
(c) a child or an
adult child (including an adopted
child, a step child, a foster child or
an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of
the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the
employee as the de facto
partner of that employee
on a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the
same household, where for the purposes
of this subparagraph:
1. "relative" means
a person related
by blood, marriage or affinity;
2. "affinity"
means a relationship that one
spouse because of marriage has to
blood relatives of the other; and
3. "household" means a
family group living in the same domestic dwelling.
(f) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
29.2 Unpaid Leave
for Family Purpose
29.2.1 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
29.1.3 who is ill.
29.3 Annual Leave
29.3.1 An
employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five days in single day periods or part thereof, in any
calendar year at a time or times agreed by the parties.
29.3.2 Access
to annual leave, as prescribed in paragraph 29.2.1 of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
29.3.3 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.
29.4 Time Off in Lieu of Payment for Overtime
29.4.1 For
the purpose only of providing care and support for a person in accordance with
subclause 29.1 of this clause, and despite the provisions of Time Off in Lieu of
Overtime the following provisions shall apply.
29.4.2 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.
29.4.3 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.
29.4.4 If,
having elected to take time as leave in accordance with paragraph 29.4.1 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.
29.4.5 Where
no election is made in accordance with the said paragraph 29.4.1, the employee
shall be paid overtime rates in accordance with the award.
29.5 Make-up Time
29.5.1 An
employee may elect, with the consent of the employer, to work "make-up
time", under which the employee takes time off ordinary hours, and works
those hours at a later time, during the spread of ordinary hours provided in
the award, at the ordinary rate of pay.
29.5.2 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.
29.6 Rostered Days Off
29.6.1 An
employee may elect, with the consent of the employer, to take a rostered day
off at any time.
29.6.2 An
employee may elect, with the consent of the employer, to take rostered days off
in part day amounts.
29.6.3 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.
29.6.4 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.
30. BLOOD DONORS
30.1 A weekly
employee who attends a recognised clinic for the purpose of donating blood
during working hours shall (subject to normal manning requirements) be allowed
the necessary leave without loss of pay, provided that he shall not be entitled
to payment with respect to time lost in excess of two hours on each
occasion. An employee shall notify
their employer as soon as possible of the time and date upon which he is
intending to be absent for the purpose of donating blood.
31. ACCIDENT PAY
31.1 An employer
shall pay and an employee shall be entitled to receive accident pay in
accordance with this clause.
31.2 Definitions -
For the purposes of this clause and subject to the terms thereof the words
hereunder shall bear the respective definitions set out hereunder:
31.2.1 Workers'
Compensation Act means the Workers'
Compensation Act 1987 as amended from time to time, and the Workplace Management Injury and Workers
Compensation Act 1998 as amended from time to time..
31.2.2 Injury
- For the purposes of this clause injury shall mean an injury occurring at the
place of employment but otherwise shall be given the same meaning and
application as applying under the respective Workers' Compensation Act and no
injury occurring at the place of employment shall result in the application of
accident pay unless an entitlement exists under such respective Act.
31.2.3 Accident
Pay -
(1) Total
incapacity - In the case of an employee who is or is deemed to be totally
incapacitated within the meaning of the Act means a weekly payment of an amount
representing the difference between, on the one hand, the total amount of
compensation, including other allowances, paid to the employee during
incapacity pursuant to the Act for the week in question and, on the other hand,
the total weekly award rate and weekly overaward payment if any being paid to
such employee at the date of the injury giving rise to the said payment of
compensation together with or less as, the case may be, any variation in award
rates which would have been applicable to the classification of such employee
for the week in question if the employee had been performing normal duties, providing that in making such
calculation any payment for overtime earnings, shift premiums, attendance
bonus, incentive earnings under any system of payment by results, fares and
travelling time allowances, penalty rates and any other ancillary payments
payable by the employer shall not be taken into account.
(2) Partial
Incapacity - In the case of an employee partially incapacitated within the
meaning of the Act means a weekly payment of an amount representing the
difference between, on the one hand, the total amount of compensation paid to
the employee during incapacity pursuant to the Act for the week in question
together with the average weekly amount the is earning or is able to earn in
some suitable employment or business (as determined expressly or by implication
by the appropriate Accident or Workers' Compensation Tribunal or as agreed
between the parties) and, on the other hand, the total weekly award rate and
weekly overaward payment if any, being paid to such employee at the date of the
injury giving rise to the said payments of compensation together with or less,
as the case may be, any variation in award rates which would have been
applicable to the classification of such employee for the week in question if
he had been performing his normal duties, providing that any calculation
payment for overtime earnings, shift premiums, attendance bonus, incentive
earnings under any system of payment by results, fares and on making such
travelling time allowances, penalty rates and any other ancillary payments
payable to the employee shall not be taken into account.
The total weekly award rate and weekly overaward
payment abovementioned shall be the same as that applying for a total
incapacity provided that where an employee receives a weekly payment of
compensation under the Act and subsequently such payment is reduced pursuant to
the said Act, such reduction shall not increase the liability of the employer
to increase the amount of accident pay in respect of that injury.
(3) Payment for
Part of a Week - Where an employee receives accident pay and such pay is
payable for incapacity for part of a week the amount shall be direct pro rata.
31.3 Qualification
for Payment - Always subject to the terms of this clause, an employee covered
by this award shall upon receiving payment of compensation and continuing to
receive such payment in respect of a weekly incapacity within the meaning of
the Act be paid accident pay by the
employer who is liable to pay compensation under the Act, which said
liability by the employer for accident pay may be discharged by another person
on their behalf, provided that:
31.3.1 Accident
pay shall only be payable to an employee whilst such employee remains in the
employment of the employer by they were employed at the time of the incapacity
and then only for such period as the employee receives a weekly payment under
the Act. Provided that if an employee on partial incapacity cannot obtain
suitable employment from the employer but such alternative employment is
available with another employer then the relevant amount of accident pay shall
still be payable.
Provided further that in the case of the termination by
an employer of an employee who is incapacitated and receiving accident pay,
accident pay shall continue to apply subject to the provisions of this clause
except in those cases where:
(1) the
termination is due to serious and/or wilful misconduct on the part of the
employee; or
(2) arises from a
declaration of liquidation of the company in which case the employee's
entitlement shall be determined by the appropriate State legislation.
In order to qualify for the continuance of accident pay
on termination an employee shall if required provide evidence to the employer
of the continuing payment of weekly workers' compensation payments.
31.3.2 Accident
pay shall not apply to any incapacity occurring during the first four weeks of
employment unless such incapacity continues beyond the first four weeks and
then subject to clause 31.3.3 and to the maximum period of payment prescribed
elsewhere herein, accident pay shall apply only to the period of incapacity
after the first four weeks.
31.3.3 Accident
pay shall not apply in respect of any injury during the first five normal
working days of incapacity.
31.3.4 An
employee on engagement may be required to declare all workers' compensation
and/or accident claims made in the previous five years and in the event of
false or inaccurate information being deliberately and knowingly declared the
employer may require the employee to forfeit their entitlement to accident pay
under this award.
31.4 Maximum Period
of Payment - The maximum period or aggregate of periods of accident pay to be
made by an employer shall be a total of 39 weeks for any one injury as defined
in clause 31.3.2.
31.5 Absence on
Other Paid Leave - An employee shall not be entitled to the payment of accident
pay in respect of any period of paid annual leave, or long service leave, or
for any paid public holiday in accordance with the appropriate award
provisions.
31.6 Notice of
Injury - An employee upon receiving an injury for which they claim to be
entitled to receive accident pay shall give notice in writing of the said
injury to the employer and of its manner of happening as soon as practicable
after the happening thereof and shall provide in writing all other information
as the employer may reasonably require.
31.7 Furnishing of
Evidence - An employee who has suffered any injury for which they are receiving
payment or payments for incapacity in accordance with the provisions of the Act
shall furnish evidence to the employer from time to time as required by the
employer of such payment and compliance with this obligation shall be a
condition precedent to any entitlement under this clause.
Any employee who is receiving or who has received
accident pay in respect of any injury shall if required by the employer or
other person on their behalf authorise the employer to obtain any information
required by such employer concerning such injury or compensation payable in
respect thereof from the insurance company that is liable to pay compensation
to such employee pursuant to the Act.
31.8 Medical
Examination - Nothing in this clause shall in any way be taken as restricting
or removing the employer's rights under the Act to require the employee to
submit to an examination by a legally qualified medical practitioner, provided
and paid by the employer and if the employee refuses to submit to such
examination or in any way obstructs the same, the right to receive or continue
to receive accident pay shall be suspended in like manner as the right to
compensation is suspended pursuant to the Act until such examination has taken
place.
31.8.1 Where
in accordance with the Act a medical referee gives a certificate as to the
condition of he employee and their fitness for work or specifies work for which
the employee is fit and such work is made available by the employer and refused
by the employee or the employee fails to commence the work, accident pay shall
cease from the date of such refusal or failure to commence the work.
31.8.2 Where
an employer is unable to provide work of the nature stipulated by the medical
referee an employee shall take all reasonable steps to obtain such work with
another employer and in the event of his failure to do so payment of accident
pay shall cease.
31.9 Redemption of
Weekly Payments - Where there is a redemption of weekly compensation payments
by the payment under the Act of a lump sum the employer's liability to pay
accident pay shall cease as from the date of such redemption.
31.10 Civil Damages
Claims -
31.10.1 An
employee receiving or who has received accident pay shall advise the employer
of any action they may institute or any claim they may make for damages.
Further, the employee shall, if required, authorise
such employer to obtain information as to the progress of such action or claim
from the employee's solicitors and shall if required provide an authority to
the employer entitling the employer to a charge upon any money payable pursuant
to any verdict or settlement on that injury.
31.10.2 Where
an employee obtains a verdict for damages against the employer or is paid an
amount of money in settlement of any claim for damages that he has made against
the employer in respect of an injury for which the employee has received
accident pay, the employer's liability to pay accident pay shall cease from the
date of such verdict; provided that if the verdict for damages is not reduced
either in whole or part by the amount of accident pay made by the employee
immediately upon payment of such verdict or amount in settlement shall pay to
the employer any amount of accident pay
already received in respect of that injury by which the verdict has not been so
reduced.
31.10.3 Where
an employee obtains a verdict for damages against a person other than the
employer or is paid an amount of money in settlement of any claim for damages
that the employee has made against such person in respect of an injury for
which the employee has received accident pay the employer's liability to pay
accident pay shall cease from the date of such verdict provided that if the
verdict for damages is not reduced either in whole or part by the amount of
accident pay made by the employer the employee shall pay to his employer any
amount of accident pay already received in respect of that injury by which the
verdict has not been so reduced.
31.11 Insurance
Against Liability - Nothing in this clause shall require an employer to insure
against the liability for accident pay, nor shall it affect the right of an
employer to terminate the employment of the employee.
31.12 Variations in
Compensation Rates - Any changes in compensation rates under the Act shall not
increase the amount of accident pay above the amount that would have been
payable had the rates of compensation remained unchanged.
31.13 Death of
Employee - All rights to accident pay shall cease on the death of an employee.
31.14 Disputes - In
the event of any dispute arising as to the entitlement of an employee to
payment of accident pay in accordance with the provisions of this award the
matter shall if any party to this award so requires be referred to the
Industrial Committee.
31.15 Safety
Regulations - Without prejudice to the terms of this clause the Union shall use
its best endeavours to have its members carry out all statutory and other
regulations applicable to the employment of such members and to further carry
out any orders relating to the preservation of safety given by or on behalf of
any employer of its members.
31.16 An employer
shall pay superannuation contributions in accordance with subclause 54.3 to an
employee receiving accident pay in accordance with this clause.
32. BEREAVEMENT
LEAVE
32.1 An employee, other than a casual employee,
shall be entitled to up to two days bereavement leave without deduction of pay
up to and including the day of the funeral on each occasion of the death of a
person prescribed in subclause 32.3 of this clause.
32.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
32.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph 29.1.3 of clause 29, Personal Carer's Leave,
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
32.4 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.
32.5 Bereavement
leave may be taken in conjunction with other leave available under sub clauses
29.2, 29.3, 29.4, 29.5 and 29.6 of the said clause 29. In determining such a
request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
33. JURY SERVICE
33.1 An employee
required to attend for jury service during ordinary working hours shall be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect of attendance for such jury service and the amount of the award
classification rate the employee would have received had they not been on jury
service. An employee shall notify the
employer as soon as possible of the date upon which they are required to attend
for jury service. Further the employee shall give his employer proof of
attendance, the duration of such attendance, and the amount received in respect
of such jury service.
33.2 Provided that
where an employee is working on afternoon or night shift and is required to
attend for jury service and is empanelled or is required to remain until the
afternoon session of Court, the employee shall not be required to attend for
work on the shift occurring on the same day in the case of afternoon shift, or
in the case of night shift on the shift preceding the period of jury service,
and shall be entitled to reimbursement as indicated above. Provided that in the
case of night shifts this provision shall not apply where the night shift is
rostered to finish on the morning the employee is called for jury service.
34. PARENTAL LEAVE
Chapter 2 of Part 4 of the Industrial Relations Act 1996 shall operate as a provision of this
Award.
Part 4 Parental
leave
Division 1 Parental
leave generally
53 Employees to
whom Part applies
(1) This Part
applies to all employees, including part‑time employees or regular casual
employees, but does not apply to other casual or seasonal employees.
(2) For the
purposes of this Part, a regular casual employee is a casual employee who works
for an employer on a regular and systematic basis and who has a reasonable
expectation of on‑going employment on that basis.
54 Entitlement
to unpaid parental leave
(1) An employee is
entitled to a total of 52 weeks unpaid parental leave in connection with the
birth or adoption of a child, as provided by this Part.
(2) Parental leave
is not to extend beyond 1 year after the child was born or adopted.
Note. See also Part
5 relating to entitlements to part‑time work agreements.
55 What is
parental leave?
(1) For the
purposes of this Part, parental leave is maternity leave, paternity leave or
adoption leave.
(2) Maternity
leave is leave taken by a female employee in connection with the pregnancy or
the birth of a child of the employee. Maternity leave consists of an unbroken
period of leave.
(3) Paternity
leave is leave taken by a male employee in connection with the birth of a child
of the employee or of the employee's spouse. Paternity leave consists of:
(a) an unbroken
period of up to one week at the time of the birth of the child or other
termination of the pregnancy (short paternity leave), and
(b) a further
unbroken period in order to be the primary care‑giver of the child
(extended paternity leave).
(4) Adoption leave
is leave taken by a female or male employee in connection with the adoption by
the employee of a child under the age of 5 years (other than a child who has
previously lived continuously with the employee for a period of at least 6
months or who is a child or step‑child of the employee or of the
employee's spouse). Adoption leave consists of:
(a) an unbroken
period of up to 3 weeks at the time of the placement of the child with the
employee (short adoption leave), and
(b) a further
unbroken period in order to be the primary care‑giver of the child
(extended adoption leave).
(5) For the
purposes of this Part, spouse includes a de facto spouse.
Note. Employees
are also entitled to special maternity leave for recovery from a termination of
pregnancy or illness related to pregnancy (section 71) and to special adoption
leave up to 2 days to attend interviews or examinations for the purposes of
adoption (section 72). The requirement of unbroken periods of leave is subject
to section 63 (Employee and employer may agree to interruption of parental
leave by return to work).
56 This Part
provides minimum entitlements
(1) This Part sets
out the minimum entitlements of employees to parental leave.
(2) The provisions
of an industrial instrument, contract of employment or other agreement (whether
made or entered into before or after the commencement of this Part) do not have
effect to the extent that they provide an employee with a benefit that is less
favourable to the employee than the benefit to which the employee is entitled
under this Part.
57 Length of
service for eligibility
(1) An employee is
entitled to parental leave only if the employee has had at least 12 months of
continuous service with the employer.
(2) Continuous
service is service under one or more unbroken contracts of employment,
including:
(a) any period of
authorised leave or absence, and
(b) any period of
part‑time work.
(3) However, in
the case of a casual employee:
(a) the employee
is entitled to parental leave only if the employee has had at least 24 months
of continuous service with the employer as a regular casual employee (or partly
as a regular casual employee and partly as a full‑time or part‑time
employee), and
(b) continuous
service is work for an employer on an unbroken regular and systematic basis
(including any period of authorised leave or absence).
Note. Under
Part 8 of this Chapter a period of service in the business of a former employer
counts as service with a new employer to whom the business concerned has been
transferred.
58 Notices and
documents required to be given to employer
(1) Maternity
leave
The notices and documents to be given to the employer
for the purposes of taking maternity leave are as follows:
(a) The employee
should give at least 10 weeks' written notice of the intention to take the
leave.
(b) The employee
must, at least 4 weeks' before proceeding on leave, give written notice of the
dates on which she proposes to start and end the period of leave.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that she is pregnant and the expected date of birth.
(d) The employee
must, before the start of leave, provide a statutory declaration by the
employee stating, if applicable, the period of any paternity leave sought or
taken by her spouse.
(2) Paternity
leave
The notices and documents to be given to the employer
for the purposes of taking paternity leave are as follows:
(a) In the case of
extended paternity leave, the employee should give at least 10 weeks' written
notice of the intention to take the leave.
(b) The employee
must, at least 4 weeks before proceeding on leave, give written notice of the
dates on which he proposes to start and end the period of leave.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that his spouse is pregnant and the expected date of
birth.
(d) In the case of
extended paternity leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if
applicable, the period of any maternity leave sought or taken by his spouse,
and
(ii) that he is
seeking that period of extended paternity leave to become the primary care‑giver
of a child.
(3) Adoption leave
The notices and documents to be given to the employer
for the purposes of taking adoption leave are as follows:
(a) In the case of
extended adoption leave, the employee should give written notice of any
approval or other decision to adopt a child at least 10 weeks' before the
expected date of placement.
(b) The employee
must give written notice of the dates on which the employee proposes to start
and end the period of leave, as soon as practicable after the employee is notified
of the expected date of placement of the child but at least 14 days before
proceeding on leave.
(c) The employee
must, before the start of leave, provide a statement from an adoption agency or
another appropriate body of the expected date of placement of the child with
the employee for adoption purposes.
(d) In the case of
extended adoption leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if
applicable, the period of any adoption leave sought or taken by his or her
spouse, and
(ii) that the
employee is seeking that period of extended adoption leave to become the
primary care‑giver of a child.
(4) An employee
does not fail to comply with this section if the failure was caused by:
(a) the child
being born (or the pregnancy otherwise terminating) before the expected date of
birth, or
(b) the child being
placed for adoption before the expected date of placement,
or if it was not otherwise reasonably practicable to
comply in the circumstances.
In the case of the birth of a living child, notice of
the period of leave is to be given within 2 weeks after the birth and the
certificate of the medical practitioner is to state that the child was born and
the date of birth. In the case of the adoption of a child, notice of the period
of leave is to be given within 2 weeks after the placement of the child.
(5) An employee
must notify the employer of any change in the information provided under this
section within 2 weeks after the change.
(6) If required by
the employer, an employee who applies for parental leave is to give the
employer a statutory declaration, or enter into an agreement with the employer,
that for the period of the leave the employee will not engage in any conduct
inconsistent with the employee's contract of employment.
59 Continuity
of service
(1) Parental leave
does not break an employee's continuity of service, but is not to be taken into
account in calculating an employee's period of service for any purpose.
(2) However, parental
leave counts as service for any purpose authorised by law or by any industrial
instrument or contract of employment.
60 Parents not
to take parental leave at the same time
(1) An employee is
not entitled to parental leave at the same time as his or her spouse is on
parental leave under this Part.
(2) If this
section is contravened the period of parental leave to which the employee is
entitled under this Part is reduced by the period of leave taken by his or her
spouse.
(3) This section
does not apply to short paternity leave or short adoption leave.
61 Cancellation
of parental leave
(1) Before
starting leave
Parental leave applied for but not commenced is
automatically cancelled if:
(a) the employee
withdraws the application for leave by written notice to the employer, or
(b) the pregnancy
concerned terminates other than by the birth of a living child or the placement
of the child concerned does not proceed.
(2) After starting
leave
If:
(a) the pregnancy
of an employee or an employee's spouse terminates other than by the birth of a
living child while the employee or spouse is on parental leave, or
(b) the child in
respect of whom an employee is then on parental leave dies, or
(c) the placement
of a child for adoption purposes with an employee then on adoption leave does
not proceed or continue,
the employee is entitled to resume work at a time
nominated by his or her employer within 2 weeks after the date on which the
employee gives his or her employer a notice in writing stating that the employee
intends to resume work and the reason for the intended resumption.
(3) Special leave
not affected
This section does not affect an employee's entitlement
to special maternity leave under section 71.
62 Parental
leave and other leave
(1) An employee
may take any annual leave or long service leave (or any part of it) to which
the employee is entitled instead of or in conjunction with parental leave.
(2) However, the
total period of leave cannot be so extended beyond the maximum period of
parental leave authorised by this Part.
(3) Any paid sick
leave or other paid absence authorised by law or by an industrial instrument or
contract of employment is not available to an employee on parental leave,
except if the paid absence is annual leave or long service leave or with the
agreement of the employer.
63 Employee and
employer may agree to interruption of parental leave by return to work
(1) An employee on
parental leave may, with the agreement of the employer, break the period of
leave by returning to work for the employer, whether on a full‑time, part‑time
or casual basis.
(2) The period of
leave cannot be extended by such a return to work beyond the maximum period of
leave authorised by this Part.
(3) Nothing in
this section affects any other work undertaken by the employee during parental
leave.
Note. Section
58 (6) requires the employee when taking parental leave to provide the employer
with a statutory declaration, or enter into an agreement with the employer,
that the employee will not engage during leave in any conduct inconsistent with
the employee's contract.
64 Extension of
period of parental leave
(1) An employee
may extend the period of parental leave once only by giving the employer notice
in writing of the extended period at least 14 days before the start of the
extended period. The period of leave cannot be extended by such a notice beyond
the maximum period of leave authorised by this Part.
(2) An employee
may extend the period of parental leave at any time with the agreement of the
employer. The period of leave can be extended by such an agreement beyond the
maximum period of leave authorised by this Part.
(3) This section
applies to an extension of leave while the employee is on leave or before the
employee commences leave.
65 Shortening
of period of parental leave
An employee may shorten the period of parental leave
with the agreement of the employer and by giving the employer notice in writing
of the shortened period at least 14 days before the leave is to come to an end.
66 Return to
work after parental leave
(1) An employee
returning to work after a period of parental leave is entitled to be employed
in:
(a) the position
held by the employee immediately before proceeding on that leave, or
(b) if the employee
worked part‑time or on a less regular casual basis because of the
pregnancy before proceeding on maternity leave-the position held immediately
before commencing that part‑time work or less regular casual work, or
(c) if the
employee was transferred to a safe job under section 70 before proceeding on
maternity leave-the position held immediately before the transfer.
(2) If the
position no longer exists but there are other positions available that the
employee is qualified for and is capable of performing, the employee is
entitled to be employed in a position as nearly as possible comparable in
status and pay to that of the employee's former position.
(3) This section
extends to a female employee returning to work after a period of leave under
section 71 (Special maternity leave and sick leave).
(4) An employer
who does not make available to an employee a position to which the employee is
entitled under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
(5) In this
section, a reference to employment in a position includes, in the case of a
casual employee, a reference to work for an employer on a regular and
systematic basis.
Note. An
employee returning to work after parental leave may also have an entitlement to
work part‑time under an industrial instrument or a part‑time work
agreement under Part 5.
Division 2 Miscellaneous
provisions
67 Employer's
obligations
(1) Information to
employees
On becoming aware that an employee (or an employee's
spouse) is pregnant, or that an employee is adopting a child, an employer must
inform the employee of:
(a) the employee's
entitlements to parental leave under this Part, and
(b) the employee's
obligations to notify the employer of any matter under this Part.
An employer cannot rely on an employee's failure to
give a notice or other document required by this Part unless the employer
establishes that this subsection has been complied with in relation to the
employee.
(2) Records
An employer must keep, for at least 6 years, a record
of parental leave granted under this Part to employees and all notices and
documents given under this Part by employees or the employer.
Maximum penalty: 20 penalty units.
68 Termination
of employment because of pregnancy or parental leave
(1) An employer
must not terminate the employment of an employee because:
(a) the employee
or employee's spouse is pregnant or has applied to adopt a child, or
(b) the employee or
employee's spouse has given birth to a child or has adopted a child, or
(c) the employee
has applied for, or is absent on, parental leave,
but otherwise the rights of an employer in relation to
termination of employment are not affected by this Part.
Maximum penalty: 100 penalty units.
(2) For the
purposes of establishing such a termination of employment, it is sufficient if
it is established that the alleged reason for termination was one of two or
more reasons for termination.
(3) This section
does not affect any other rights of a dismissed employee under this or any
other Act or under any industrial instrument or contract of employment, or the
rights of an industrial organisation representing such an employee.
Note. A
dismissed employee may also make a claim under Part 6 (Unfair dismissals).
69 Replacement
employees
(1) A replacement
employee is a person who is specifically employed as a result of an employee
proceeding on parental leave (including as a replacement for an employee who
has been temporarily promoted or transferred in order to replace the employee
proceeding on parental leave).
(2) Before a
replacement employee is employed, the employer must inform the person of the
temporary nature of the employment and of the rights of the employee on
parental leave to return to work.
Maximum penalty: 50 penalty units.
(3) A reference in
this section to an employee proceeding on parental leave includes a reference
to a pregnant employee exercising a right under section 70 to be transferred to
a safe job.
70 Transfer to
a safe job
(1) This section
applies whenever the present work of a female employee is, because of her
pregnancy or breastfeeding, a risk to the health or safety of the employee or
of her unborn or newborn child. The assessment of such a risk is to be made on
the basis of a medical certificate supplied by the employee and of the obligations
of the employer under the Occupational
Health and Safety Act 1983.
(2) The employer
is to temporarily adjust the employee's working conditions or hours of work to
avoid exposure to that risk.
(3) If such an
adjustment is not feasible or cannot reasonably be required to be made, the
employer is to transfer the employee to other appropriate work that:
(a) will not
expose her to that risk, and
(b) is as nearly as
possible comparable in status and pay to that of her present work.
(4) If such a
transfer is not feasible or cannot reasonably be required to be made, the
employer is to grant the employee maternity leave under this Part (or any
available paid sick leave) for as long as is necessary to avoid exposure to
that risk, as certified by a medical practitioner.
(5) An employer
who does not comply with any obligation imposed on the employer by this section
is guilty of an offence.
Maximum penalty (subsection (5)): 50 penalty units.
71 Special
maternity leave and sick leave
If the pregnancy of an employee terminates before the
expected date of birth (other than by the birth of a living child), or she
suffers illness related to her pregnancy, and she is not then on maternity
leave:
(a) the employee
is entitled to such period of unpaid leave (to be known as special maternity
leave) as a medical practitioner certifies to be necessary before her return to
work, or
(b) the employee
is entitled to such paid sick leave (either instead of or in addition to
special maternity leave) as she is then entitled to and as a medical
practitioner certifies to be necessary for her return to work.
72 Special
adoption leave
An employee who is seeking to adopt a child is entitled
to up to 2 days unpaid leave if the employee requires that leave to attend
compulsory interviews or examinations as part of the adoption procedure.
35. ANNUAL LEAVE
35.1 Period of
Annual Leave - A period of 28 consecutive days leave including non-working
days, shall be allowed annually to an employee after 12 months, continuous
service (less the period of annual leave) as an employee on weekly engagement
in any one or more of the occupations to which this award applies.
An employee on weekly engagement shall accrue annual
leave at a rate of 2.923 hours for each 38 ordinary working hours worked.
35.2 Seven-day Shift
Workers - In addition to the leave hereinbefore prescribed, seven-day shift
workers, that is shift workers, who are rostered to work regularly on Sundays
and holidays, shall be allowed seven consecutive days leave, including non-working
days. Where an employee with 12 months continuous service is engaged for part
of the twelve-month period as a seven-day shift worker, the employee shall be
entitled to have the period of 28 consecutive days annual leave prescribed in
subclause 35.1 hereof increased by 0.78 of one hour for each week the employee
is continuously engaged as aforesaid, the employee shall be entitled to have
the period of 28 consecutive days annual leave prescribed in subclause 35.1
hereof increased by 0.73 of one hour for each week the employee is continuously
engaged as aforesaid, subject to the provisions of clause 35.12.1.
35.3 Annual Leave
Exclusive of Public Holidays - Subject to this subclause, the annual leave
prescribed by this clause shall be exclusive of any of the holidays prescribed
by clause 27 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 the employee would
have been an ordinary working day there shall be added to the period of annual
leave one ordinary working day in respect of each such holiday.
Where a holiday falls as aforesaid and the employee
fails without reasonable cause (proof whereof shall lie upon the employee) to
attend for work at the ordinary starting time on the working day immediately
following the last day of the period of the annual leave, the employee shall
not be entitled to be paid for any such holiday.
35.4 Broken Leave -
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 21
consecutive days.
Provided that if the employer and an employee so agree
then the annual leave entitlement may be given and taken in two separate
periods neither of which is of at least 21 consecutive days, or in three
separate periods.
35.5 Calculation of
Continuous Service - For the purpose of this clause, service shall be deemed to
be continuous, notwithstanding:
35.5.1 any
interruption or determination of the employment by the employer if such
interruption or determination has been merely with the intention of avoiding
obligations hereunder in respect of leave of absence;
35.5.2 any
absence from work on account of personal sickness or accident or on account of
leave lawfully granted by the employer; or
35.5.3 any
absence with reasonable cause proof whereof shall be upon the employee.
35.5.4 In
cases of personal sickness or accident or absence with reasonable cause the
employee to become entitled to the benefit of this subclause shall inform the
employer, in writing if practicable, within 24 hours of the commencement of
such absence or within four hours of the commencement of the next working day
or shift of their inability to attend and the estimated duration of the
absence. A notification given by an employee pursuant to clause 28, Sick Leave,
shall be accepted as a notification under this subclause. Any absence from work by reason of any cause
not being a cause specified in this subclause shall not be deemed to break the
continuity of service for the purposes of this clause unless the employer,
during the absence, notifies the employee in writing that such absence will be
regarded as having broken the continuity of service. In cases of individual absenteeism, such notice shall be given in
writing to the employee concerned but in cases of concerted or collective
absenteeism notice may be given to employees by the posting up of a
notification in the plant in the manner in which general notifications to
employees are usually made in that plant and by posting to the union a copy of
same not later than the day it is posted up in the plant.
35.5.5 A
notice to an individual employee may be given by delivering same to the
employee personally or by posting it to the last recorded address, in which
case it will be deemed to have reached the in due course of post.
35.5.6 In
calculating the period of 12 months continuous service any absence from work
not exceeding 21 working days in a qualifying period of 12 months on account of
sickness or accident shall be taken into account in calculating the period of
12 months continuous service. In cases
of absences in excess of 21 working days occurring in a qualifying period of
twelve months the amount of annual leave entitlement shall be reduced by 2.923
hours for each week in which the absence exceeds 21 working days.
35.5.7 In
cases where an employee proceeds on leave without pay with the consent of the
employer in a qualifying period of 12 months the amount of annual leave entitlement
shall be reduced by 2.923 hours for each week.
35.6 Calculation of
Service - Service before the date of this award shall be taken into
consideration for the purposes of calculating annual leave, but an employee
shall not be entitled to leave or payment in lieu thereof for any period in
respect of which leave or a payment in lieu thereof has been allowed or made
under the awards hereby superseded. The annual leave shall be allowed at the
rate of 2.923 hours for each one week of continuous service, subject to
paragraph 35.11.1 hereof. Where the
employer is a successor or assignee or transmittee of a business, if an
employee was in the employment of the employer's predecessor at the time when
the employee became such successor or assignee or transmittee, the employee in
respect of the period during which the was in the service of the predecessor
shall for the purpose of this clause be deemed to be in the service of the
employer.
35.7 Leave to be
Taken - The annual leave provided for by this clause shall be taken and except
as provided by subclauses 35.12 and 35.13 hereof payment shall not be made or
accepted in lieu of annual leave.
35.8 Time of Taking
Leave - Annual leave shall be given at a time fixed by the employer within a
period not exceeding, in the case of an employee taking the leave in one
period, six months or, in the case of an employee taking the leave in two or
three periods, nine months from the date when the right to annual leave accrued
and after not less than four months’ notice to the employee.
35.9 Leave Allowed
Before Due Date - An employer may allow annual leave to an employee before the
right thereto has accrued but where leave is taken in such a case a further
period of annual leave shall not commence to accrue until after the expiration
of the 12 months in respect of which annual leave had been taken before it
accrued.
35.9.1 Where
leave has been granted to an employee pursuant to this subclause before the
right thereto has accrued and the employee subsequently leaves or is discharged
from the service of the employer before completing the 12 months, continuous
service in respect of which the leave was granted, the employer may for each
complete week of the qualifying period of 12 months not served by the employee
deduct from whatever remuneration is payable upon the termination of the
employment an amount equivalent to 2.923 hours for each week of uncompleted
service.
35.10 Payment for
Period of Leave - Each employee before going on annual leave shall be paid the
wages they would have received in respect of the ordinary time which the
employee would have worked had they not been on leave during the relevant
period.
35.10.1 Subject
to subclause 35.11 hereof, each employee shall, where appreciable, have the
amount of wages to be received for annual leave calculated by including the
following where applicable:
(i) Day Workers -
The rate applicable to the employee as
prescribed by clause 4, Rates of Pay, clause 8, Rates for Juniors and clause
10, Additional Payments, in respect only of subclauses 10.5, First-aid
Attendant, and 10.6, Instructors (as defined).
(ii) Shift Workers
- Subject to subclause 35.11.2, the rate prescribed for work in ordinary time
by clause 20, Shifts, and clause 21, Seven-day Continuous Shift Work, according
to the employee's roster or projected roster including Saturday or Sunday
shifts and payment for the regularly rostered eight hours overtime shift which
is worked once in every four weeks to maintain the continuity of the roster
cycle.
(iii) The rate payable
pursuant to clause 14, Mixed Functions, calculated on a daily basis which the
employee would have normally received for ordinary time during the relevant
period whether on a shift roster or otherwise.
(iv) Payment in the
case of employees employed on piece or bonus or any other system of payment by
results shall be in accordance with subclause 35.14 of this clause.
(v) Part-time
employees shall in respect of annual leave be paid only at the rate actually
being received by them at such time.
35.11 Loading on
Annual Leave - During a period of annual leave an employee shall in addition to
the payment specified in subclause 35.10 hereof receive a loading of 17½ per
cent calculated on the rate of wage prescribed by clauses 5 and 8, subject to
the provisions of paragraph 35.11.2 hereof.
The loading shall be as follows:
35.11.1 Day
Workers - An employee who would have worked on day work only had the employee
not been on leave - a loading of 17½ per cent.
35.11.2 Shift
Workers - An employee who would have worked on shift work had he not been on
leave - a loading of 17½ per cent. Provided that where the employee would have
received shift loadings prescribed by clause 20, Shifts, and clause 21,
Seven-day Continuous Shift Work had he not been on leave during the relevant
period and such loadings would have entitled the employee to a greater amount
than the loading of 17½ per cent then the shift loading as prescribed in
paragraph (ii) of subclause 35.10.1 of this clause shall be included in the
rate of wage prescribed by subclause 35.10 in lieu of the 17½ per cent loading.
Provided further that if the shift loading would have
entitled the employee to a lesser amount than the loading of 17½ per cent, then
such loading of 17½ per cent shall be added to the rate of wage prescribed by
subclause 35.10.1 but not including paragraph (ii) of subclause 35.10.1.
35.11.3 Provided
that the loading prescribed in this subclause shall be payable when services
are terminated in respect of any untaken part of a full twelve-month
entitlement to annual leave for which payment in lieu is made upon the
termination of employment by either party.
35.12 Proportionate
Payment on Termination - If an employee:
35.12.1 after
one month's continuous service in the first qualifying twelve-month period with
the employer lawfully leaves employment or the employment is terminated by the
employer through no fault of the employee, the employee shall be paid as
follows:
(1) if other than
a seven-day continuous shift worker, at the
ordinary rate of wage for 2.923 hours in respect of each completed week
of service, the service being service in respect of which leave has not been
granted hereunder;
(2) if the
employee had been employed as a
seven-day continuous shift worker for the whole of the period for which they
are entitled to proportionate leave -
at the employee’s ordinary rate of wage
or 3.653 hours in respect of each completed week of continuous service, the
service being service in respect of which leave has not been granted hereunder;
(3) if the
employee had been employed as a seven-day continuous shift worker for part only
of the period for which the employee is entitled to proportionate leave - at
the rate of 2.923 hours as prescribed in subparagraph (1) hereof plus 0.73
hours for each week the employee was continuously employed as a continuous
shift worker;
35.12.2 If an
employee after the completion of the first qualifying twelve-month period
leaves their employment or the employment is terminated by the employer for any
reason other than serious misconduct, the employee shall be paid at the rate as
prescribed in paragraphs (1), (2) and (3) of this subclause together with any
additional payment calculated in accordance with subclause 35.14 of this
clause.
35.13 Annual Closedown
- Where an employer closes down the plant or a section or sections thereof for
the purpose of allowing annual leave to allow the bulk of the employees in the
plant or section or sections concerned, the following shall apply:
35.13.1 The
employer may, by giving not less than two months' notice of the intention to do
so, stand off for the duration of the closedown all employees in the plant or
section or sections concerned and allow to those who are not then qualified for
four full weeks' paid leave on a proportionate basis of 2.923 hours' leave for
each completed week of continuous service.
35.13.2 An
employee who has then qualified for four full weeks' leave and has also
completed a further week or more on continuous service shall be allowed the
leave and shall, subject to subclause 35.6 hereof, also be paid in respect of
each completed week of continuous service performed since the close of the last
twelve-month qualifying period.
35.13.3 The
next twelve-month qualifying period for each employee affected by such
closedown shall commence from the first day of January of each year. 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-month qualifying period.
35.13.4 If in
the first year of service with an employer an employee is allowed proportionate
annual leave under paragraph 35.13.1 hereof and subsequently within such year
lawfully leaves employment or the employment is terminated by the employer
through no fault of the employee, the employee shall be entitled to the benefit
of subclause (l) hereof subject to adjustment for any proportionate leave which
the employee may have been allowed as aforesaid; or
35.13.5 Alternatively,
the employee may close down the plant or a section or sections thereof for two
separate periods subject only to the following conditions:
(a) That the
employees concerned be given at least two months' notice of the proposed
closures.
(b) That the
longer of the two periods of leave shall be at least 21 consecutive days. Such
longer period of leave shall be granted by the employer during the
December-January period unless otherwise decided by a Industrial Committee.
(c) That the
balance of the period of annual leave shall be taken not later than September,
or by mutual agreement may be extended to 31 October. This provision shall only apply to leave that has accrued in the
previous 12 months.
(d) That the
employer makes known to the employees not less than two and not more than three
proposals when the remainder of the period of leave is to be given and
taken. At least one of such proposals
shall apply to Easter or an end-of-term school holiday period.
(e) That an
employer in conjunction with an official of the Union or a Shop Steward shall
by means of a secret ballot and not otherwise determine which of the two or
three proposals is acceptable to a majority of the employees.
35.13.6 Each
employee affected shall be credited with paid leave on a proportionate basis of
2.923 hours in respect of each completed week of continuous service while
qualifying for four weeks leave during the 12 months ending on the day
immediately preceding the re-opening of the plant after each December
closedown.
35.13.7 Except
to the extent that an employee has leave to their credit under the provisions
of clause 35.13.6 at the end of the December closedown, the employee shall be
stood off without pay during the period of the December and/or second
closedown.
35.13.8 If in
the first year of service with an employer an employee is allowed proportionate
annual leave under this subclause and subsequently within such year lawfully
leaves employment or employment is terminated by the employer through no fault
of the employee, the employee shall be entitled to the benefit of clause 34.12
subject to adjustment for any proportionate leave which the employee may have
been allowed as aforesaid.
35.13.9 An
employee who terminates their employment or is dismissed for any reason after
the December closedown and before any balance of leave due, at the date under
paragraph 35.13.6 hereof has been granted shall be paid such balance on
termination or dismissal; or
35.13.10 Alternatively,
the employer may by given not less than two months' notice of the intention to
do so, close down the plant or a section or sections thereof for a period of at
least 21 consecutive days for the purpose of granting annual leave in
accordance with this subclause with the balance of each employee's years
entitlement of annual leave being taken at a time mutually agreed between the
employer and the respective employees.
The granting and taking of annual leave in accordance with this
paragraph shall be subject to the following conditions:
(a) That the
employees concerned be given at least two months' notice of the proposed
closedown.
35.13.11 Each
employee affected shall be credited with paid leave on a proportionate basis of
2.923 hours in respect of each completed week of continuous service while
qualifying for four weeks leave during the 12 months ending on the day
immediately preceding there opening of the plant after each December closedown.
35.13.12 Except
to the extent that an employee has leave to their credit under the provisions
of paragraph 35.13.6 hereof at the date of the December closedown, the employee
shall be stood off without pay during the period of the December and/or second
closedowns.
35.13.13 An
employee who at the date of the December closedown has qualified for four full
weeks' leave and who has completed a further week or more of continuous service
shall be allowed leave and shall also be paid at the appropriate rate of wage
as prescribed by subclause 35.10 hereof for 2.923 hours for each completed week
of continuous service worked thereafter.
35.13.14 If in
the first year of service with an
employer an employee is allowed annual leave under this subclause and
subsequently within such year lawfully leaves
employment or the employment is
terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of
subclause 35.12 hereof subject to adjustment for any proportionate leave which
the employee may have been allowed as
aforesaid.
35.13.15 Any
employee who terminates their employment or is dismissed for any reason after
the December closedown and before any balance of leave due at the date under
paragraph 35.13.11 hereof has been granted shall be paid such balance on
termination or dismissal.
35.13.16 In the
case of seven-day continuous shift workers an employer may close down the plant
or section or sections thereof for a period of less than 21 consecutive days
and allow the balance of annual leave due to an employee in one or two
continuous periods. In such cases the
granting and taking of annual leave shall be subject to the agreement of the
employer and the employee or employees of the plant, or section or sections
thereof respectively.
35.14 Average Pay for
Annual Leave -
35.14.1 Notwithstanding
the foregoing provisions of this clause, when taking annual leave the employee,
for the purpose of paid leave, will receive an additional payment based on the
average overaward payment and/or the average bonus. The averages will be calculated
on a twenty-week qualifying period applied to ordinary hours only.
35.14.2 The
"qualifying period of employment" means:
(a) In the case of
an employee taking annual leave at Christmas, the period of 20 consecutive
weeks commencing with the first pay in July.
(b) Where an
employee is not employed during the whole of the qualifying period, the average
will be calculated on the period of employment falling within the said 20
consecutive weeks.
(c) In the case of
an employee taking annual leave at any other time, the first 20 consecutive
weeks in the six months immediately preceding the date of taking annual leave.
(d) Where an
employee does not qualify for calculation over a 20-week period then the number
of weeks shall be averaged by the actual number of weeks worked.
35.14.3 In
the case of an employee absent on long service leave during any qualifying
period of employment, both the period of such leave and the payment in respect
thereof will be excluded in the calculation of the averages.
35.14.4 In
calculating the average bonus, all amounts in respect of overtime, shift work,
penalty or special rates will be excluded.
36. TRADE UNION
TRAINING LEAVE
36.1 Subject to
subclause 36.3 hereof, a union delegate or elected employee workplace
representative shall, upon application in writing, be granted up to five days
leave with pay each calendar year non-cumulative to attend courses conducted or
approved by the Australian Trade Union Training Authority which are designed to
promote good industrial relations and industrial efficiency within the textile
industry.
36.2 The notice to
the employer must include details of the type, content and duration of the
course to be attended.
36.3 Employers may
approve leave in accordance with this clause subject to the following
limitations:
36.3.1 Where
the employer employs up to and including 49 employees 5 Union delegates or
elected workplace representatives may be granted 5 days' leave per annum which
is available within any 12-month period.
36.3.2 Where
the employer employs between 50 and 150 employees inclusive, 10 union delegates
or elected workplace representatives may be granted 5 days leave per annum
which is available within any 12-month period.
36.3.3 Where
the employer employees 150 or more employees, 15 union delegates or elected
workplace representatives may be granted 5 days' leave per annum which is
available within any 12-month period.
36.3.4 Provided
the numbers contained in this clause may be varied by mutual agreement between
the union and an employer.
36.4 The granting of
such leave shall be subject to the employee or the Union giving not less than
one calendar month's notice. Provided
that the taking of such leave shall be arranged so as to minimise any adverse
effect on the employer's operations.
36.5 Leave of
absence granted pursuant to this clause shall count as service for all
purposes.
36.6 Each employee
on leave approved in accordance with this clause shall be paid all
ordinary-time earnings which normally become due and payable during the period
of leave, such wages to be calculated in accordance with subclause 35.10.
36.7 All expenses
(such as travel, accommodation and meals) associated with or incurred by the
employee attending a training course during leave approved pursuant to this
clause shall be the responsibility of the employee or the Union unless
otherwise agreed between the employer, the union and the employee concerned.
36.8 Should an
employee granted leave pursuant to this clause fail to attend the nominated
course, the employer shall be notified by the union as soon as practicable, and
no payment is to be made by the respondent employer in respect of leave for the
employee concerned pursuant to this clause.
36.9 In the event
that a scheduled rostered day off resulting from a work arrangement established
in accordance with clause 15 falls within a period of leave approved pursuant
to this clause, no alternative day off shall be substituted in lieu.
36.10 Employees
granted leave pursuant to this clause shall inform their employer after the
completion of the course of the nature of the course and their observations on
it.
37. PROPORTION OF
JUNIORS
37.1 In any factory
the proportion of juniors employed shall not exceed two to each employee
receiving not less than the minimum adult rate. In determining the proportion of juniors to employees receiving
the adult rate each shift shall be taken into account separately.
38. LIMITATIONS
38.1 Full-fashioned
Machines -
38.1.1 On
full-fashioned multiple head machines of 18 heads or more, one adult operator
receiving not less than the adult operator's rate shall be employed.
38.1.2 On
all full-fashioned machines having less than 18 heads, or on groups of such
machines not exceeding a total of 24 heads, one adult operator receiving not
less than the adult operator's rate shall be employed in accordance with the
following scale of experience in relation to the number of heads:
(a) an operator
having less than three months experience - up to 16 heads;
(b) an operator
having three months but less than 12 months experience - 20 heads;
(c) an operator
having not less than 12 months experience - 24 heads.
38.1.3 Provided
the period of experience of an operator may be shortened by agreement between
the employer and the Secretary of the union.
38.2 Full-fashioned
Machines (Underwear and Outerwear) - Work on full-fashioned knitting machines
in the Underwear and Outerwear Section shall be confined to adult employees
except where, with the consent of the union or the approval of a Industrial
Committee, juniors are employed there for training purposes; but this clause
shall not prevent the continued employment of juniors already employed on such
work.
38.3 Irons - No
female shall be required to use an iron weighing more than 3.629 kilograms.
38.4 Lifting of
Weights -
38.4.1 No
female shall be required to lift or carry any article or goods weighing more
than 13.6 kilograms without one assistant for every additional 13.6 kilograms
weight.
38.4.2 No
male shall be required to lift more than 34.0 kilograms from the ground or 68.0
kilograms from a wagon or stillage without one assistant for each additional
34.0 kilograms or 68.0 kilograms respectively.
38.5 Machine
Cleaning - Where practicable each machine shall be stopped when being cleaned,
the cleaning to be done during working hours by the employee whose duty it is
to do so.
38.6 Mule Spinning -
To each pair of mules in the Spinning Department one adult shall be employed as
in charge thereof.
38.7 Rotary-hydros
operating - No employee under 18 years of age shall be permitted to operate the
rotary-hydros and milling machine.
38.8 Rotary Press -
No employee under 18 years of age shall be employed on any type of rotary press
1.5 metres or more in width.
38.9 Sizing Machines
- Employees under 18 years of age except for training purposes shall not be
employed on sizing machines.
38.10 Working in Close
Association - An employer shall not require or permit any employee to work on
any day unless one other person is in close association or another person is on
the premises within the ready call.
39. GENERAL
39.1 Hot Water -
Employees shall be provided with hot water free of charge.
39.2 Seats for
Employees - When requested by employees and where practicable, suitable seats
shall be provided by the employer for employees in positions handy to their
work.
39.3 Rest Room - In
factories where 10 or more female employees are employed a properly ventilated
rest room shall be provided by the employer for the use of such female
employees. It shall contain a suitable
couch, stretcher, two easy chairs and a rubber hot water bag. Where less than 10 females are employed
suitable provisions for a rest room or area or space shall be provided. Any dispute under this subclause shall be
referred to the Industrial Committee.
39.4 Dining Room -
Proper dining room accommodation shall be provided by the employer for the use
of employees. The employer shall
provide facilities for heating food if the employees so request. Any dispute under this subclause shall be
referred to the Industrial Committee.
39.5 First-aid - In
each mill or establishment the employer shall provide a properly equipped
first-aid chest at a place or places reasonably accessible to all
employees. Such chest shall, as to its
contents, comply with any State Act or Regulations in force from time to time
and shall contain antidotes against any toxic chemical used in the
factory. On each shift a responsible
person nominated by the employer and preferably a first-aid attendant shall be
in charge of such chest.
39.6 Clothing -
39.6.1 When
requested by the union representative the employer shall provide employees
working in the dye house, willey house, bleach house, milling and scouring,
yarn dyeing and piece carbonising (except piece dyeing) and wool scouring
departments with suitable protective clothing, such as gloves and top boots or
appropriate footwear and, when working with acids or employed on acid tanks,
aprons. Employees shall take reasonable
care of clothing so provided.
39.6.2 Employers
shall provide protective clothing for any employee whilst working in the rain.
39.6.3 Employees
shall wear the protective clothing and equipment provided by the employer as
required by this clause.
39.7 Handling
Soda-ash Corrosive Chemicals - Employers shall provide proper facilities for
protection of employees engaged in handling soda-ash or other chemicals having
corrosive qualities. Such facilities
shall include protective clothing, gloves and equipment so as to remove or
reduce the possibility of damage to the person or clothing.
Employees whose clothing is damaged by such chemicals
when wearing the protective clothing as specified shall be compensated in such
manner as may be agreed with the employer.
39.8 Cleaning
Materials - All materials and appliances required for the cleaning of machinery
shall be supplied by the employer free of charge.
39.9 Changing
Accommodation - Separate dressing accommodation shall be provided by the
employer for male and female employees.
39.9.1 An
employer shall, at some reasonably convenient place on his premises, provide a
suitable locker for each employee in his mill or proper hanging facilities
which afford reasonable protection for employees' clothes.
39.10 Washing
Facilities - Adequate washing, drying and sanitary facilities shall be provided
in all factories. Warm water and soap
shall be provided for washing purposes and towels/driers, etc., shall be
provided for drying purposes by the employer.
39.11 Tea Break -
Employees shall be allowed a period of not less than 10 minutes in the
employer's time for rest and refreshment during each day or shift, to be taken
at times to be mutually arranged.
Reasonable facilities shall be provided by the employer for employees to
have refreshments during such intervals if they so desire. Provided:
39.11.1 that
such period shall not be allowed within one hour of commencing or finishing
work for the day or for a meal break;
39.11.2 this
subclause shall not apply to employees working a short shift who are allowed
crib time without deduction of pay; and
39.11.3 that
employees shall conform to such arrangements as the employer may make to ensure
the continuity of machine operations.
39.12 Garbage Utensils
- The employer shall provide utensils for removing and containing floor
sweepings and garbage. All such
utensils shall be kept in a hygienic condition and employees shall be required
to see that refuse is placed in these containers.
39.13 Floor Coverings
- Where practicable, suitable floor coverings shall be placed before machines,
and no employee shall be called upon to stand on a bare concrete or brick or stone
floor when operating or attending to a machine. Any dispute under this subclause shall be referred to the
Industrial Committee.
39.14 Guarding
Machinery - Nothing in this award shall be deemed to override or limit any
State law relating to the safeguarding of machinery for the protection of
employees from accident.
39.15 Lighting
Facilities - Adequate lighting facilities shall be provided in all factories.
39.16 Drinking Water -
Cool, clean, wholesome refrigerated running water for drinking purposes
preferably delivered from bubbler type systems shall be provided in places
easily accessible to all employees.
39.17 Heating and
Cooling Facilities - Adequate heating systems shall be provided in all
factories to maintain satisfactory working conditions during cold weather.
39.18 Respirators -
Respirators and goggles shall be supplied for the use of employees when
cleaning out dust from the cotton mills.
39.19 Vacuum System -
A vacuum system of card stripping or an individual unit system of dust extraction
shall be installed and kept working in all card rooms in the cotton section.
For hand stripping an amount as set in Item 3 of Table 2 - Other Rates and
Allowances of Part B, per complete set shall be paid in addition to an
employee's ordinary rate of pay.
39.20 Steam Pipes -
Where steam pipes are installed in close proximity to the workplace or machines
of employees, such pipes shall be covered in such a way as to protect employees
from risk of injury.
39.21 Tools of Trade -
Employers shall supply all usual tools of trades' as are necessary for the
proper carrying out of the employees' work and such tools shall remain the
property of the employer and employees shall be responsible for the proper care
and protection of such tools while in their possession. An employee shall
replace or pay for any tools supplied if lost through their negligence.
39.22 Seats for Pin
Setters - When requested by pinsetters and where practicable suitable seats
shall be provided by the employer for them in positions handy to their work.
40. NOTICE BOARDS
40.1 The employer
shall permit a notice board to be erected in a prominent position in the
establishment upon which representatives of the union shall be allowed to post
notices in connection with union meetings or other legitimate business of the
union. Provided such notices are not
objected to by the management. In the
event of a conflict of opinion as to whether a notice is objectionable the
matter shall be referred to the appropriate Industrial Committee.
41. AWARD POSTED
41.1 A copy of this
award shall be posted by each employer in a prominent and accessible place on
the factory premises.
42. SHOP STEWARDS
42.1 Shop stewards
to the number of one in each department shall be recognised by the employer,
and not more than three of such shop stewards shall be allowed time off during
working hours to interview the employer if there is any legitimate complaint.
43. RIGHT OF ENTRY
43.1 The Industrial Relations Act 1996 (New South
Wales) ("the Act") provides for Right of Entry in the following
terms,
43.1.1 Definitions
In this Part:
43.1.2 authorised
industrial officer means an officer or employee of an industrial organisation
of employees who holds an instrument of authority for the purposes of this Part
issued by the Industrial Registrar under section 299 of the Act
43.1.3 employees'
records includes records of the remuneration of employees, part‑time work
agreements with the employees or other records relating to the employees that
are required to be kept by the employer by or under the industrial relations
legislation or an industrial instrument.
43.1.4 officer
of an industrial organisation includes any person who is concerned in, or takes
part in, the management of the organisation.
43.1.5 relevant
employee, when used in connection with the exercise of a power by an authorised
officer of an industrial organisation, means an employee who is a member of the
organisation or who is eligible to become a member of the organisation.
This Part does not confer authority on an authorised
industrial officer to enter any premises for the purposes of holding
discussions with employees or of an investigation if:
(1) the persons
employed at that place are employed by a person who holds a certificate of
conscientious objection under section 212 (3) of the Act because of membership
of a religious society or order (such as the Brethren), and
(2) none of the
persons employed at those premises are members of an industrial organisation,
and
(3) there are no
more than 20 persons employed at those premises.
43.2 Right of entry
for discussion with employees
An authorised industrial officer may enter, during
working hours, any premises where relevant employees are engaged, for the
purpose of holding discussions with the employees at the premises in any lunch
time or non‑working time.
43.3 Right of entry
for investigating breaches
43.3.1 An
authorised industrial officer may enter, during working hours, any premises
where relevant employees are engaged, for the purpose of investigating any
suspected breach of the industrial relations legislation, or of any industrial
instrument that applies to any such employees.
43.3.2 For
the purpose of investigating any such suspected breach, the authorised
industrial officer may:
(1) require any
employer of relevant employees to produce for the officer's inspection, during
the usual office hours at the employer's premises or at any mutually convenient
time and place, any employees' records and other documents kept by the employer
that are related to the suspected breach, and
(2) make copies of
the entries in any such records or other documents related to any such
suspected breach.
43.3.3 An
authorised industrial officer must, before exercising a power conferred by this
section, give the employer concerned at least 24 hours' notice.
43.3.4 The
Commission or the Industrial Registrar may, on the ex parte application of an
authorised industrial officer, waive the requirement to give the employer
concerned notice of an intended exercise of a power conferred by this section
if the Commission or the Industrial Registrar is satisfied that to give such
notice would defeat the purpose for which it is intended to be exercised.
43.3.5 If
the requirement for notice is waived under clause 34.3.4:
(i) the
Commission or Industrial Registrar is to give the authorised industrial officer
a warrant authorising the exercise of the power without notice, and
(ii) the
authorised industrial officer must, after entering the premises and before
carrying out any investigation, give the person who is apparently in charge of
the premises the warrant or a copy of the warrant
43.4 Provisions
relating to authorities issued to officers
43.4.1 The
Industrial Registrar may, on application, issue an instrument of authority for
the purposes of this Part to an officer or employee of an industrial
organisation of employees.
43.4.2 An
authorised industrial officer is required to produce the authority:
(i) if requested
to do so by the occupier of any premises that the officer enters, or
(ii) if requested
to do so by a person whom the officer requires to produce anything or to answer
any question.
43.4.3 The
authority:
(i) remains in
force until it expires or is revoked under this section, and
(ii) expires when
the person to whom it was issued ceases to be an officer or employee of the
industrial organisation of employees concerned.
43.4.4 The
Industrial Registrar may, on application, revoke the authority if satisfied
that the person to whom it was issued has intentionally hindered or obstructed
employers or employees during their working time or has otherwise acted in an
improper manner in the exercise of any power conferred on the person by this
Part.
43.4.5 An
application for the revocation of an authority is to set out the grounds on
which the application is made.
43.4.6 A
person to whom an authority has been issued under this section must, within 14
days after the expiry or revocation of the authority, return the authority to
the Industrial Registrar for cancellation.
43.4.7 Maximum
penalty: 20 penalty units.
43.5 No entry to
residential premises without permission
(i) An authorised
industrial officer does not have authority under this Part to enter any part of
premises used for residential purposes, except with the permission of the
occupier.
43.6 Offences
43.6.1 An
authorised industrial officer must not deliberately hinder or obstruct the
employer or employees during their working time.
43.6.2 A
person must not deliberately hinder or obstruct an authorised industrial officer
in the exercise of the powers conferred by this Part.
43.6.3 A
person must not, without lawful excuse, fail to comply with a requirement of an
authorised industrial officer under this Part.
43.6.4 A
person must not purport to exercise the powers of an authorised industrial
officer under this Part if the person is not the holder of a current authority
issued by the Industrial Registrar under this Part.
43.6.5 Maximum
penalty: 100 penalty units.
43.7 Powers of
Commission
43.8 The Commission
may deal with an industrial dispute about the operation of this Part, but does
not have any jurisdiction to make an award or order conferring additional or
inconsistent powers of entry or inspection.
Industrial relations legislation means any of the following
Acts and the regulations made under any such Act:
This Act
Annual Holidays
Act 1944
Employment
Protection Act 1982
Long Service
Leave Act 1955
Long Service
Leave (Metalliferous Mining Industry) Act 1963
An industrial instrument means an award, an enterprise agreement,
a public sector industrial agreement, a contract determination or a contract
agreement.
44. UNION
CONFERENCE DELEGATES
44.1 An employee who
is elected or appointed in accordance with the rules of the union as a delegate
to or member of the National Council or the National Executive or a Branch
Annual Conference or a Branch Committee of Management shall be granted leave of
absence without pay to attend any meeting of the same which he is entitled to
attend, provided that:
(a) reasonable
notice has been given to the employer; and
(b) such absence
will not unduly interfere with the business of the employer; and
(c) an employer
shall not be required to provide such leave to more than two employees from the
same factory at the same time.
45. CERTIFICATE OF
SERVICE
45.1 An employee, if
they ask for it, shall be entitled on termination of service to a certificate
of length of service with an employer and the nature of the work which they
were employed upon.
46. TIME AND WAGES
BOOK
46.1 Each employer
shall keep a time and wages book or record, showing the name of each employee,
his or her occupation, the hours worked each day and the wages and allowances
paid each week.
46.2 The time
occupied by an employee filling in time books or cards or in the making of
records other than checking in or out at the beginning or end of duty shall be
treated as time of duty.
46.3 Refer to Industrial Relations Act 1996.
47. AGED OR INFIRM
WORKERS
47.1 In the case of
an employee who is unable to earn the minimum wage prescribed by this award or
who is unable to work the prescribed thirty-eight hours per week a lower wage
rate of a lesser number of hours may be fixed with the consent of the Union or
if such consent is refused, then with the consent of the Industrial Registrar
or Deputy Industrial Registrar of the Industrial Relations Commission of New
South Wales.
47.2 The consent
shall be for a specified term not exceeding one year, and the document
evidencing it shall state the rate payable to and the name and the occupation
of the employee in respect of whom it has been granted and it shall be filed by
the employer with the Industrial Registrar or Deputy Industrial Registrar of
the Industrial Relations Commission.
Refer to Industrial Relations Act
1996.
48. OUTDOOR
WORKERS
48.1 No work of any
description or class covered by this award shall be done or performed except in
the factory or workshop of an employer bound by this award, unless a permit has
been given to an employee by the Union to work outside such factory or
workshop, provided that no such permit shall be issued to any employee to
perform work in the manmade fibre and synthetic fibre divisions of this award.
48.2 No permit shall
be given unless the Union is satisfied that the person to whom it is proposed
to give such permit is unable to work in such factory or workshop by reason of
domestic ties, hardship, necessity, infirmity (which last term must not be
deemed under any circumstances to include any communicable disease), old age or
any other sufficient reason.
48.3 An employer
shall not have more than one outdoor worker for every 15 indoor workers or
fraction thereof.
48.4 An outdoor
worker shall be deemed to be a person who works by themselves and is not
employed in a workshop or factory.
48.5 The outdoor
worker shall not work during any part of the day inside a workshop or factory.
48.6 The Union shall
grant permits to necessitous cases only. In such cases, the Union must be
satisfied that it is not reasonable to expect such a person to work inside a
factory or workshop.
48.7 Outdoor workers
shall be paid at the rates provided in this award.
48.9 Outdoor workers
shall be provided free of charge with all yarn and/or other materials used in
connection with their work.
48.10 Where an
employer delivers and/or collects the work of such outdoor worker, the outdoor
worker shall not be charged for such delivery and/or collection.
48.11 Outdoor workers
shall not employ any labour whatever except members of their own families.
48.12 Outdoor workers
shall be paid for annual leave and for each public holiday prescribed by this
award which occurs during the period of their employment, such payment to be on
a pro rata basis in proportion to the amount their aggregate earnings bears to
the annual time rate earnings of an indoor worker doing similar work, payable
on termination of employment or annually.
48.13 Provided that
such payment shall not exceed the total amount to which such indoor workers are
entitled to annually.
48.14 An employer who
has work done elsewhere than in the factory or workshop shall keep a record
book in English which shall contain a correct account written in ink as
follows:
(a) the name and
address of the outdoor worker;
(b) the number of
articles and description of the work given out;
(c) the rate paid
for such outdoor work;
(d) the record
book shall be signed each week by each outdoor worker verifying the accuracy of
the amount of wages received;
(e) the record
book shall be open for inspection at any time by any authorised officer. Refer to the Industrial Relations Act 1996.
48.15 No employer
shall, except as provided in this clause, require or order or cause to be
performed or contract for the performance of work of any class covered by or
referred to in this award (including the work of preparing any material for
manufacture or materials so prepared):
(a) in any place
other than the usual workshop or
factory; and/or
(b) by any person
or persons other than the employees
usually employed at such workshop or factory.
48.16 Nothing herein
contained shall affect the right of the employers bound by this award to
contract, subcontract, let or sublet to any person, employing not less than
four persons exclusive of members of his own family, who conducts a workshop or
factory and is bound by this award.
49. EMERGENCY
ELECTRICITY PROVISIONS
49.1 Notwithstanding
anything elsewhere contained in this award the following provisions shall apply
in the case of an employer who through no fault of their own is subjected to
restriction or rationing in the use of electricity energy and/or coal gas
and/or the emergency disconnection thereof in accordance with orders,
regulations or notices approved by the lawful authority. In the case of an employer who is unable to
resume his normal operations immediately after the cessation of such
restrictions, rationing or disconnection, the following provisions shall
operate:
49.1.1. Should
notification of the cessation be received between midnight on Friday and noon
on Thursday in any week - 7.00 am. on the Saturday;
49.1.2 Should
notification of the cessation be received between noon on Thursday and midnight
on Saturday in any week - 7.00 a.m. on the following Saturday in the following
week.
49.1.3 If
by reason of such restriction, rationing or disconnection the employer is
unable usefully to employ for the whole or part of any day or shift the
employer may deduct from the wages of that employee payment for any part of the
day or shift such employee cannot be usefully employed, provided that:
(a) if any
employer requires the employee to attend for work but is not able to employ
them usefully the employee shall be entitled to be paid for two hours work;
(b) where an
employee commences work he shall be entitled to be paid for four hours work;
(c) this subclause
shall not apply to apprentices.
49.1.4 Subject
to subclause (d) hereof they may require any day worker to perform his ordinary
hours of work (or any such ordinary hours of work) at any time on any day other
than on a Sunday on the basis of thirty eight hours per week. The following rates of pay shall apply for
such work:
(a) for work
performed on Mondays to Fridays from 7.00 a.m. to 5.30 p.m. and on Saturdays
from 7.00 a.m. to noon - ordinary time;
(b) for work
performed between noon and midnight on Saturdays - ordinary rates plus 25 per
cent;
(c) for work
performed at all other times - ordinary rates plus 10 per cent.
Provided that when a day worker is required to commence
work between the hours of 9.30 p.m. and 6.00 a.m. - the amount of 50 cents more
than the amount he would receive if paid at ordinary day rates.
49.1.5 Subject
to subclause (d) hereof the employee may require any shift worker to perform
their hours of work at any time other than on a Sunday on the basis of 38 hours
per week. The following rates of pay
shall apply for such work:
(a) for day work
or day shift work - ordinary time;
(b) for work
performed between noon and midnight on Saturdays - ordinary rates plus 25 per
cent;
(c) for afternoon
and night shifts - ordinary rates plus 10 per cent.
(d) Provided that
when a shift worker is required to commence work between the hours of 9.30 p.m.
and 600 a.m. the amount they shall receive shall not be less than an amount of
50 cents more than the amount the employee would receive if paid at ordinary
rates.
(e) Nothing
contained in this subclause shall operate so as to reduce the shift premiums
payable to employees who were shift workers working on afternoon and night
shifts only at the date of the imposition of restrictions or rationing as
aforesaid and who continue to work on such shifts.
49.1.6 A
day worker or a shift worker shall be allowed a rest period of eight hours
between the completion of one shift or spell of duty and the commencement of
the next unless as a result of a mutual arrangement between the employer and
the majority of the employees concerned a lesser period than eight hours is
agreed to. If in the absence of an
agreement an employee is required to commence a shift or a spell of duty
without having been granted the rest period allowed he shall be paid at double
time rates until such time as the allowed rest period is granted. This subclause shall have no application to
cases where in circumstances of normal working a shift worker could be required
without the payment of penalty rates to work two successive shifts without a
break of less than eight hours.
49.1.7 The
employer may alter the time at which meal breaks are usually taken, and/or the
duration of same, in order to avoid or mitigate the effects of such
restrictions or rationing without being liable to pay penalty rates for work
done during the normal meal breaks; provided that the commencing time of any
meal break is not made more than one hour earlier or later than usual, and that
a meal break of at least 20 minutes is allowed.
Provided also that the employer shall whenever it is
practicable consult with the representative of the union before acting under
this subclause.
49.1.8 The
employer may, by agreement with an employee, allow to such employee the whole
or any part of the annual leave prescribed by this award, without being liable
to give to such employee the notice normally required for that purpose.
49.2 Notwithstanding
anything elsewhere contained in this award, the provisions of this clause shall
also apply, in the case of an employer who uses auxiliary power plant for the
purposes of providing employment for employees whilst such restriction or
rationing is in force and who:
49.2.1 is
unable usefully to employ an employee for the whole of any day or shift by
reason of a breakdown in such plant through no fault of his own; or
49.2.2 because
of the inability of the auxiliary power plant to meet the normal demands for
power:
(a) finds it
necessary to require any employee to perform their ordinary hours of work (or any of such ordinary hours of work)
outside the hours normally worked by such employee; or
(b) to alter the
time at which meal breaks are usually taken and/or the duration of same.
50. ANTI-
DISCRIMINATION
50.1 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.
50.2 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.
50.3 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.
50.4 Nothing in this
clause is to be taken to affect:
50.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
50.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
50.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
50.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
50.5 This clause does not create legal rights or
obligations in addition to those imposed upon the parties by 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 this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
51. INTRODUCTION
OF CHANGE
51.1 Employers Duty
to Notify -
51.1.1 Where
an employer has made a definite decision to introduce major changes in
production, programme, 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 their union or unions.
51.1.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required. The elimination or diminution
of job opportunities, promotion opportunities or job tenure; the alteration
hours of work; the need for retraining or transfer of employees to other work
or locations and the restructuring of jobs.
Provided that where the award makes provision for
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
51.2 Employers Duty
to Discuss Change -
51.2.1 The
employer shall discuss with the employees affected and their union or unions,
inter alia, the introduction of the changes referred to in subclause 52.1
hereof, the effects the changes are likely to have on employees, 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 their
unions in relation to the changes.
51.2.2 The
discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in the said
subclause 51.1.
52.2.3 For
the purposes of such discussion, the employer shall provide in writing to the
employees concerned and their union or unions, all relevant information about
the changes including the nature of the changes proposed; the expected effects
of the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would be inimical to his or her interests.
52. REDUNDANCY
52.1 Discussions
Before Termination -
52.1.1 Where
an employer has made a definite decision that they no longer wishes the job the
employee has been doing done by anyone and this is not due to the ordinary and
customary turnover of labour and that decision may lead to termination of
employment, the employer shall hold discussions with the employees directly
affected and with their union or unions.
52.1.2 The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of paragraph 52.1.1
hereof and shall cover, inter alia, any reasons for the proposed terminations
and measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any terminations on the employees concerned.
52.1.3 For
the purposes of the discussion the employer shall, as soon as practicable,
provide in writing to the employees concerned and their union or unions, 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 workers 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 be inimical to
his or her interests.
52.2 Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph 52.1.1 hereof the employee shall be entitled to
the same period of notice of transfer as the employee would have been entitled
to if their employment had been terminated, and the employer may at their
option, make payment in lieu thereof of an amount equal to the difference
between the former ordinary-time rate of pay and the new lower ordinary-time
rates for the number of weeks of notice still owing.
52.3 Severance Pay -
In addition to the period of notice prescribed for ordinary termination in
sub-clause 22.3, and subject to further order of the Industrial Relations
Commission, an employee whose employment is terminated for reasons set out in
paragraph (i) of sub-clause (a) of clause 52.1.1 hereof shall be entitled to
the following amount of severance pay in respect of a continuous period of
service:
SCALE OF SEVERANCE PAYMENTS
Length of continuous service by employee.
|
Rate for calculation of amount of severance payment.
|
|
|
If employee under 45 years of age.
|
If employee 45 or more years of age.
|
Less than 1 year
|
Nil.
|
Nil.
|
1 year and more but less than 2 years
|
4 weeks' pay
|
5 weeks' pay
|
2 years and more but less than 3 years
|
7 weeks' pay
|
8.75 weeks' pay
|
3 years and more but less than 4 years
|
10 weeks' pay
|
12.5 weeks' pay
|
4 years and more but less than 5 years
|
12 weeks' pay
|
15 weeks' pay
|
5 years and more but less than 6 years
|
14 weeks' pay
|
17.5 weeks' pay
|
6 years and more
|
16 weeks' pay
|
20 weeks' pay
|
"Week's 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, overaward payments, shift penalties and
allowances paid in accordance with this award.
52.4 Employee
Leaving During Notice Period - An employee whose employment is terminated for
reasons set out in paragraph 52.1.1 hereof may terminate their employment
during the period of notice and, if so, 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.
52.5 Alternative
Employment - An employer, in a particular redundancy case, may make application
to the Commission to have the general severance pay prescription varied if he
or she obtains acceptable alternative employment for an employee.
52.6 Time Off During
Notice Period -
52.6.1 During
the period of notice of termination given by the employer for reasons set out
in paragraph 52.1.1 an employee shall be allowed up to one day's time off
without loss of pay during each week of notice for the purpose of seeking other
employment.
52.6.2 If
the employee has been allowed paid leave for more than one day during the
notice period for the purpose of seeking other employment, the employee shall,
at the request of the employer, be required to produce proof of attendance at
an interview or he or she shall not receive payment for the time absent.
For this purpose a statutory declaration will be sufficient.
52.7 Notification to
Centrelink. - Where a decision has been made to terminate employees in the
circumstances outlined in paragraph 52.1.1 hereof, the employer shall notify
Centrelink thereof as soon as possible, giving relevant information including
the number and categories of the employees likely to be affected and the period
over which the terminations are intended to be carried out.
52.8 Superannuation
Benefits - Award superannuation benefits payable upon termination shall not be
used in lieu of any severance payments made in accordance with this clause. Any
non-award superannuation benefit payable upon termination shall not be used in
lieu of any severance payments made in accordance with this clause, other than
by further order of the Industrial Relations Commission of New South Wales.
52.9 Transmission of
Business -
52.9.1 Where
a business is before or after the date of this award transmitted from an
employer (in this subclause called "the transmittor") to another
employer (in this subclause called "the transmittee") and an employee
who at the time of such transmission was an employee of the transmittor in that
business becomes an employee of the transmittee:
(i) the
continuity of employment of the employee shall be deemed not to have been
broken by reason of such transmission; and
(ii) the period of
employment which the employee has had with the transmittor or any prior
transmittor shall be deemed to be service of the employee with the transmittee.
52.9.2 In
this subclause, business includes trade, process, business or occupation and
includes part of any such business and transmission includes transfer,
conveyance, assignment or succession whether by agreement or by operation of
the law and transmitted has a corresponding meaning.
52.10 Employees With
Less Than One Year's Service - This clause shall not apply to employees with
less than one year's continuous service and the general obligation on employers
should be no more than to give relevant 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.
52.11 Employees
Exempted - This clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal, including malingering,
inefficiency, neglect of duty or non-observance of company safety provisions,
or in the case of apprentices, or employees engaged for a specific period of
time or for a specific task or tasks.
52.12 Employers
Exempted - Subject to further order of the Commission in a particular
redundancy case, this clause shall not apply to employers who employ less than
15 employees.
52.13 Incapacity to
Pay - An employer, in a particular redundancy case, may make application to the
Commission to have the general severance pay prescription varied on the basis
of the employer's incapacity to pay.
53. SUPERANNUATION
53.1 Preamble -
Superannuation Legislation
53.1.1 The
subject of superannuation is dealt with extensively by federal legislation
including the Superannuation Guarantee
(Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s.180 of the Industrial Relations Act 1991 (NSW). This legislation, as varied from time to time, governs the
superannuation rights and obligations of the parties.
53.1.2 Notwithstanding
53.1.1 above, the following provisions shall also apply:
53.2 Definitions
53.2.1 "The
Fund" for the purpose of this clause shall mean the:
(i) Australian
Retirement Fund established and governed by a trust deed 11 July 1986, as may
be amended from time to time, and includes any superannuation scheme which may
be made in succession thereto; or
(ii) Subject to
the agreement of the relevant State Secretary of the Union and its members, an
employer sponsored fund established prior to 1 July 1987, which complies with
the Superannuation Industry (Supervision)
Act 1993 as amended from time to time, and set out in sub-clause 53.7.2 of
this clause.
53.2.1 "Ordinary
Time Earnings" for the purposes of this Clause, all references to
"Ordinary Time Earnings" shall mean and include:
(i) award skill
level or classification rate;
(ii) supplementary
payment (where relevant);
(iii) over-award
payment;
(iv) shift loading-
including weekend and public holiday penalty rates earned by shift employees on
normal rostered shifts forming the ordinary hours of duty not when worked as
overtime;
(v) the payment
for work performed by weekend employees exclusively and wholly during their
ordinary hours on Saturdays and Sundays;
(vi) payment by
results earnings;
(vii) all non
reimbursable allowances payable under the award.
53.3 Employers to
Become a Party to the Fund:
53.3.1 A
respondent employer shall make application to the Fund to become a
participating employer in the Fund and shall become a participating employer
upon acceptance by the Trustee of the Fund.
53.3.2 A
respondent employer shall provide each employee who is not a member of the Fund
with a membership application form upon commencement of this clause and
thereafter upon commencement of employment.
53.3.3 Each
employee shall be required to complete the membership application and the
employer shall forward the completed application to the Fund by the end of the
calendar month of commencement of this clause or commencement of employment.
53.4 Eligibility of
Employees
53.4.1 Each
employee shall be eligible to join the Fund upon commencement of employment.
53.4.2 Each
employee shall be eligible to receive contributions from the date of
eligibility, notwithstanding the date the membership application prescribed in
subclause 54.3(iii) was forwarded to the Fund.
53.5 Employer
Contributions on Behalf of Each Employee
53.5.1 A
respondent employer shall contribute to the Fund in respect of each employee
such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge Act 1992
as amended from time to time. Failure to comply with this sub paragraph shall
constitute a distinct and separate breach of this sub-paragraph.
In accordance with the requirements of the relevant
Acts, as mentioned, a respondent employer shall not be required to pay
superannuation contributions in respect of employees who earn less than $450.00
in a calendar month or upon reaching the age of 65.
53.5.2 Such
contribution shall be made monthly by the last day of the month following, the
total of the weekly contribution amounts accruing in the previous month in
respect of each employee.
The amount of contributions to the fund shall be
calculated to the nearest ten cents, and any fraction below five cents shall
disregard.
53.5.3 The
Fund and the amount of contributions paid in accordance with this sub-clause
and sub-clause 53.6 shall be included in pay advice notices provided by
employers to each employee.
53.5.4 Contributions
shall continue to be paid in accordance with this sub-clause during any period
in respect of which an employee is entitled to receive Accident Pay in
accordance with clause 31 of this Award.
53.5.5 Unpaid
Absences
Except as where specified in the rule of the Fund,
contributions by respondent employers in respect of unpaid absences will be
proportional to the wage received by the employee concerned in a particular pay
period. For the purposes of this clause, each pay period will stand alone.
Accordingly, unpaid absences in one pay period will not carry over to another
pay period.
53.5.6 Cessation
of Contributions
A respondent employer’s obligation to make
contributions on behalf of the employee ceases on the last day of employment
with the employer.
53.6 Employee
Contributions
53.6.1 An
employee may make contributions to the Fund in addition to those made by the
respondent employer under sub-clause 53.5.
53.6.2 An
employee who wishes to make additional contributions must authorise the respondent
employer in writing to pay into the Fund, from the employee’s wages, amounts
specified by the employee in accordance with the Fund Trust Deed and Rules.
53.6.3 An
employer who receives written authorisation from the employee, must commence
making payments into the Fund on behalf of the employee within 14 days of
receiving the authorisation.
53.6.4 An
employer may vary his or her additional contributions by a written
authorisation and the employer must alter the additional contributions within
14 days of receiving the authorisation. An employee may only vary his or her
additional contributions once each month.
53.6.5 Additional
employee contributions to the Fund requested under this sub-clause shall be
expressed in whole dollars.
53.7 Exemptions
53.7.1 An
employer may make application for exemption from sub-clause 53.6 in respect of
contributions to the Fund for employees who are not members of the Union.
Applications for exemption shall be determined in
accordance with the Superannuation Test Case [Print L5100] and the December
1994 State Wage Case Principles or any decision made in succession thereto.
53.7.2 It
is recorded that the scheme specified in the first column hereunder is a scheme
to which this paragraph applies and that the agreement of the Union and its
members has effect on and after correspondingly set out in the third column
hereunder:
(1)
|
(2)
|
(3)
|
Name of Scheme
|
Covered
|
Date of effect of Union Agreement
|
Edwardstown Carpets Superannuation Fund
|
|
1 January 1988
|
Pacific Dunlop Superannuation Fund
|
|
6 August 1987
|
54. NATIONAL
TRAINING WAGE
The parties to this award shall observe the terms of the
National Training Wage Award 2000, as amended. Each breach of the National
Training Wage Award 2000 is a distinct and separate breach of this clause.
55. AREA,
INCIDENCE AND DURATION
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Textile Industry (State) Award published on 14 January 1994 (278
I.G. 1) and all variations thereof.
The award published 14 January 1994 took effect from the
first full pay period to commence on or after 30 July 1993 and remained in
force for a period of 12 months.
The changes made to the award pursuant to the Award Review
pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Award
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 I.G. 307) take effect on and from 27 July 2001.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
It shall apply to employees referred to in clause 5, Rates
of Pay, of this award, within the jurisdiction of the Textile Workers (State)
Industrial Committee.
57. OPERATION OF
AWARD
(a) It is the
intention of the parties to this award to achieve the principal object in
section 3(f) of the Industrial Relations
Act 1996 by helping to prevent and eliminate discrimination in the
workplace and in particular to ensure equal remuneration for men and women
doing work of equal or comparable value.
Accordingly, in fulfilling their obligations under the
grievance procedure clause, the parties must make every endeavour to ensure
that neither the award provisions nor their operation are directly or
indirectly discriminatory in their effects.
Nothing in this clause is to be taken to affect:
(i) any different
treatment (or treatment having different effects) which is specifically
exempted under Commonwealth or State anti-discrimination legislation;
(ii) an employee,
employer or registered organisation, pursuing matters of discrimination in any
state or federal jurisdiction, including by application to the
Anti-Discrimination Board.
PART B
MONETARY RATES
Table 1 - Rates of Pay
The following rates of pay are payable on or from the first
pay period on or after 23rd July 2001:
Adult Rates of Pay -
Clause 5
Classification
|
Minimum Weekly Award Wage Rate*
|
Skill Level
|
($)
|
Trainee
|
413.40
|
1
|
430.10
|
2
|
452.60
|
3
|
473.50
|
4
|
507.20
|
5#
|
548.90
|
* The weekly
award wage rate for ordinary hours combines the base rate, supplementary
payment and arbitrated safety net adjustments and State Wage Case decision
awarded since the NWC October 1993
-Review of Wage Fixing Principles.
# Wage
Band"
Junior Rates of Pay
- Clause 9
Years of Age
|
% of Skill Level 2 ($452.60) %
|
Minimum Weekly Award Wage Rate ($)
|
16
|
50
|
226.30
|
16.5
|
55
|
248.95
|
17
|
59
|
267.05
|
17.5
|
64
|
289.65
|
18
|
69
|
312.30
|
18.5
|
75
|
339.45
|
19
|
80
|
362.10
|
19.5
|
85
|
384.70
|
20
|
Adult Rate
|
|
Apprentice Rates of Pay
- Clause 6
4-year term
|
Percentage of Skill Level 4 ($507.20) (%)
|
Minimum Weekly Award Rate ($)
|
1st year
|
52
|
263.75
|
2nd year
|
62
|
314.45
|
3rd year
|
82
|
415.90
|
4th year
|
92
|
466.60
|
Adult Apprentice Rates of Pay - Clause 7A
4-year term
|
Percentage of Skill Level 4 ($507.20)
|
Minimum Weekly Award Rate ($)
|
1st year
|
82
|
415.90
|
2nd year
|
87
|
441.25
|
3rd year
|
92
|
466.60
|
4th year
|
100
|
507.20
|
Table 2 - Other Rates and Allowances
The following rates of pay shall be payable on or from the
first pay period on or after 23 July 2001:
Item No.
|
Clause No.
|
Brief Description
|
Amount $
|
1
|
5.7
|
Leading Hand Allowance -
|
|
|
|
In charge of up to 10 employees
|
18.20 per week
|
|
|
In charge of 11 to 20 employees
|
26.50 per week
|
|
|
In charge of 21 or more employees
|
32.10 per week
|
|
|
|
|
|
|
High Rise Stacker Operator
|
14.10
|
2
|
10.1
|
Blender/Blending machine attendant
|
13.80 per week
|
3
|
10.2
|
Hand Stripping of cards
|
0.81 per
|
|
39.19
|
|
complete set
|
4
|
10.3
|
Called upon to work in dust chamber in a Cotton
|
7.00 extra for
|
|
|
Mill
|
that week
|
5
|
10.4
|
Engaged in Dye House/Bleach House
|
5.80 per week
|
6
|
10.4
|
Employees also engaged in loading/unloading of
|
Further
|
|
|
Kiers or entering vaporloc machines
|
additional
|
|
|
|
3.00 per week
|
7
|
10.5
|
First-aid Attendant
|
8.60 per week
|
8
|
10.6
|
Instructors
|
12.90 per week
|
9
|
10.7
|
Engaged on shoddy-shaking machines (dirt
|
|
|
|
money)
|
10.30 per week
|
10
|
10.8
|
Polisher machine operators engaged in cleaning
|
|
|
|
of size troughs - Sewing Threads Section
|
|
|
|
|
7.00 per week
|
11
|
10.9
|
In the event where proper facilities are not
|
|
|
|
provided for the protection of employees
|
|
|
|
engaged in loading/ unloading soda ash from
|
|
|
|
delivery vehicles by hand
|
0.95 per hour
|
12
|
10.10
|
Sorting unwashed rags
|
2.00 per week
|
13
|
10.11
|
Willey hands in waste room
|
7.00 per week
|
|
10.12
|
Clean Wool Scouring
Pits in an offensive condition
|
Double ordinary rates
|
14
|
10.13
|
Picking over bales of wool, waste or rags in an
|
|
|
|
offensive condition
|
0.83 per bale
|
15
|
10.14
|
Operating flax scutchers, tow on breaker and finisher
|
5.70 per week
|
16
|
13
|
Payment by Results Systems -
|
|
|
|
Employee who also instructs learners -
|
|
|
|
|
|
|
|
1st week
|
4.30 per week
|
|
|
2nd week
|
3.90 per week
|
|
|
3rd week
|
3.40 per week
|
|
|
continue instructing a
learner thereafter
|
3.40 per week
|
17
|
18.2
|
Meal Allowance
|
6.10
|
|
|
For each subsequent meal
|
4.45
|
18
|
20.8
|
Change of shift without 2 working days' notice
|
14.20 extra as
|
|
|
|
compensation
|
Schedule "A"
Consultative Committees
(Subject to the provisions of the Industrial Relations Act 1996)
(a) Composition
-
(i) A
consultative committee shall include at least 50 per cent union/employee
representatives and at least one senior management representative.
(ii) Management
and the union and employees will jointly determine the size of the committee,
except that there will be no fewer than four members. The maximum number of representatives on any committee will be
ten.
(iii) The
election/appointment of management representatives will be determined by
management and the election of union/employee representatives will be
determined by the union. Where there is
a union delegate he/she must be a union/employee representative.
(iv) In the
determination of union/employee representatives on the committee, consideration
shall be given to:
the makeup of the workforce, in particular the
proportion of women, migrants and juniors;
the size of the workforce;
the number of distinct operations at the workplace;
shift arrangements;
the corporate structure;
other existing consultative mechanisms.
(v) Where an
enterprise is comprised of a number of sites or distinct workplaces, the number
of committees to be established shall be determined jointly by management and
the union, depending on the size and operation of the enterprise and its
separate components. Should more than
one committee be established, a peak committee shall be established to ensure a
co-ordinated approach.
(vi) The Committee,
once established, may invite persons to attend specific meetings.
(vii) An official of
the union shall have a right to be present and participate in the deliberations
of the committee.
(b) Term of Office
-
(i) Members
elected or appointed to the Committee shall hold office for a period of twelve
months, and will be required to be re-elected or re-appointed each subsequent
year. It is the responsibility of each Committee member to attend meetings on a
regular basis and to represent the views and opinions of those people he or she
represents.
(ii) If a member
of the committee ceases employment with the enterprise, or resigns from the
committee, a new election or appointment shall be made in accordance with
paragraph (a)(iii) hereof.
(c) Terms of
Reference - The following matters shall form the basis for the work of the
Committees. Each Committee will seek to reach agreement on the matters set out
below and make recommendations to senior management who will take into account
the views and the deliberations of the Committee prior to making its final
decisions:
(i) To implement
the restructured award in the workplace;
(ii) To review the
implications and/or impact on the enterprise of major external influences,
including the Australian Government Textile, Clothing and Footwear Industries
Development Plan.
(iii) To consider
the introduction of new or revised work methods/work arrangements.
(iv) To give
consideration to the impact of technological change and other significant
changes in the organisation or workplace, with regard to:
number of employees, job specifications and current
skill base; and
acquisition of new skills and additional training
requirements.
(v) To develop a
framework for skills development and provision of training within their
workplaces, including English language training and the provision of foundation
education.
(vi) To assess
proposed changes in product or product orientation for possible impacts on work
method/work arrangements, employment and skill requirements.
(vii) To give
consideration to Equal Employment Opportunity principles in the context of
award restructuring in the workplace.
(viii) To consider
the provision of work related child care, and in particular, the Australian
Government Work Based Child Care Program.
(ix) To consider
other matters raised by Consultative Committee members which impact on
employees or which contribute to the improved operation and efficiency of the
enterprise.
(d) Procedural
Guidelines -
(i) Chairperson -
A Chairperson shall be elected by the Committee from within the Committee and
shall alternate each meeting between management and union/employee
representatives.
(ii) Secretary - A
Secretary shall be appointed for the purposes of recording minutes, preparation
and distribution of agendas and other administrative duties. The administrative requirements of this
position shall be provided by the employer.
The person appointed to this position shall not be a member of the
Committee.
(iii) Agenda - All
members of the Committee shall have a right and a responsibility to submit
agenda items. The agenda, minutes and
any relevant background documentation shall be circulated one week prior to the
meetings.
(iv) Preparation -
Reasonable time in working hours shall be provided to union/employee
representatives for the purpose of preparing for the meeting. Union/employee representatives and an
official of the union may, at a time convenient to the employer, during working
hours, hold meetings with the workforce or part of the workforce prior to
meetings of the Committee.
(v) Meetings - The
Committee shall meet at least every two months, unless the Committee determines
that it shall meet on a more frequent basis.
The meetings of the Committee shall be held at a place
and time convenient to management, but shall be held during normal working
hours. Attendance at Committee meetings
shall be treated as and paid for as time worked.
A reasonable time limit shall be placed on the length
of meetings. Enough time shall be
provided to adequately deal with the agenda items. Meetings shall operate on a consensus basis.
(vi) Minutes - The
Secretary shall minute the proceedings of each meeting of the Committee. The minutes shall be circulated to each
member of the Committee within one week of the meeting, verified by Committee
members prior to the next meeting, and signed by the Chairperson at the next
meeting of the Committee as a true and correct record of the proceedings of the
Committee.
(vii) Future
Meetings - The date of the next meeting of the Committee shall be set at the
close of the previous meeting.
(viii) Confidentiality
- All members of the Consultative Committee and the Secretary of the Committee
shall accept that, whilst the spirit of genuine consultation is to be
paramount, at no time shall the Committee have placed before it any matter, the
confidentiality of which is in the company's best interests, or where
confidentiality has been specifically agreed with a third party.
(ix) Management
Response - Senior management must formally respond to the Committee's
recommendations. Normally this will take place prior to the next meeting of the
Committee.
(e) Feedback -
(i) The minutes
of the meetings of the Committee shall be kept by the Secretary and shall be
available upon request to any employee or any other person approved by the
Committee. As a matter of course,
minutes shall be forwarded to the State Secretary of the union.
(ii) Minutes of
the Committee shall be posted on the notice boards after ratification by the
meeting.
(iii) Reasonable
time in working hours shall be provided to union/employee representatives for
the purpose of reporting back on items raised and agreements reached at the meeting. Union/employee representatives may, at a
time convenient to the employer during working hours, hold meetings with the
workforce or part of the workforce following meetings of the Committee.
(f) Training -
All members of the Committee shall be entitled to training in meeting
procedures and relevant related skills required to ensure that they are in a
position to represent their constituents and play an active role in the
operation of the Committee. The nature,
time and extent of training provided shall be determined between management and
the relevant union.
(g) Evaluation - A
review of these procedures shall be conducted at the end of each twelve months
operation.
Schedule "B"
Procedure to be Adopted in Developing an
Enterprise Agreement
The procedures to be followed in developing an enterprise
agreement are as follows:
(a) Step One - The
party raising a measure or measures for consideration shall place the matter on
the agenda of a forthcoming meeting of the Consultative Committee.
(b) Step Two - The
party raising the measure or measures for consideration shall outline the
proposal at a meeting of the Consultative Committee and the outline shall be
recorded in the minutes of the meeting.
The party receiving the proposal shall not be required to respond to the
proposal at that meeting.
At the same time a written outline of the proposal
shall be forwarded to the State Secretary of the union.
(c) Step Three -
The Consultative Committee shall post the proposal on the notice boards. They shall endeavour to express the proposal
in a manner that enables the proposal to be understood by the workforce. In particular, where there are a number of
non-English speaking workers the Consultative Committee shall consider having
the proposal translated into the main languages spoken in the workplace so that
all employees fully understand the proposal.
(d) Step Four -
The union/employee Consultative Committee representatives shall be granted one
day's, leave with pay to attend a briefing session conducted by the union to
equip them to negotiate each enterprise agreement with the employer. Where an employee has used their full
entitlement to trade union training leave in accordance with clause 36, Trade
Union Training Leave the one day's leave shall be in addition to their
entitlement.
(e) Step Five -
The union/employee Consultative Committee representatives and the relevant
official of the union shall consult with the whole of the workforce and section
of the workforce affected by the proposal.
An employer shall grant the whole of the workforce reasonable time off
with pay to attend a meeting conducted by the union/employee representatives
and the relevant official of the union for the purpose of consultation. In the case of a workplace where there are a
number of non-English speaking workers the employer shall favourably consider a
request from the union/employee Consultative Committee representatives or the
relevant official of the union for engagement of interpreter/s to assist in the
meeting so that non-English speaking workers fully understand the
proposal. In such case, reasonable time
to conduct the meeting will be longer than in the case where an interpreter/s
is not used.
(f) Step Six -
The Consultative Committee shall then consider the proposal and the views of
the workforce and attempt to reach an enterprise agreement. As necessary the employee/union consultative
committee representatives will refer the draft to the workforce for comment.
(g) Step Seven -
If the Consultative Committee reaches agreement it shall record the agreement
in writing and forward it to the State Secretary of the union, who shall
arrange with the employer to jointly conduct a vote of the workforce affected.
(h) Step Eight -
In the case of a proposal which does not affect the provisions of the award, if
a majority of the workforce affected are in favour of the proposal the proposal
shall be forwarded as a recommendation to senior management.
In the case of a proposal which does affect the
provisions of the award, if 75 per cent of the workforce affected are in favour
of the proposal the proposal shall be forwarded as a recommendation to senior
management.
(i) Step Nine -
If the recommendation is accepted then senior management shall refer the
proposed agreement in writing to the State Secretary of the union for approval
or otherwise. The union shall not
unreasonably withhold agreement.
(j) Step Ten - If
the proposed agreement in writing is approved by the State Secretary of the
union then it shall be signed by senior management and the State Secretary of
the union.
(k) Step Eleven -
The agreement shall then be submitted to the Industrial Relations Commission
for approval and if approved shall override over any provision of this award to
the extent of any inconsistency.
Schedule "C"
Code of Conduct on Twelve-hour Shifts
(a) (i) This Industry Code of Conduct on
Twelve-hour Shift Work has been adopted by the Joint Union-Management Textile
Sectoral Committee.
It is intended to be a guide for employers, workers and
the union in the development of an enterprise based agreement on working
12-hour shifts.
(ii) Twelve-hour
shift work, with correctly designed rosters, may provide benefits to workers by
reducing cumulative fatigue, increase leisure time and relieving the pressure
of seven-day shift work.
For twelve-hour shift work to be advantageous, it is
recommended the increased leisure time be used for recuperation and recreation
and not as an opportunity for additional employment.
(b) Introduction
of Twelve-hour Shift Work - The introduction of twelve-hour shifts should give
due consideration to the following:
twelve-hour shift work will not impose excessive
physical or mental workload;
after proper examination of the possible injurious
effects to employees' health and social well being, there are demonstrated
benefits for the workers concerned;
after full consultation with the union and there is a
seventy-five per cent majority support of affected workers.
(c) Control
Measures - Workload - To minimise the health and safety risks of twelve-hour
shift work, the following factors should be considered in relation to workload:
physical effort;
mental application and fatigue;
work performance;
occupational health and safety matters;
monotony/diversity of task;
social aspects.
The consideration of these factors may vary according
to the individual enterprise.
(d) Shift Rosters
-
(i) Rosters must
be developed between employers, employees and the union and provision made for
ongoing consultation and resolution of disputes about the rosters.
To reduce the hazards associated with night and shift
work, rosters should be designed to:
have the least possible number of night shifts in
succession;
have at least a twelve-hour interval between shifts;
include at least two free weekends each month;
allow workers some flexibility about shift change
times; and
wherever possible breaks should be spread evenly
throughout the shift and be taken at the same time, particularly in a night
shift.
Consideration should be given to the frequency and
extent of tea and crib breaks.
(ii) An employee
working twelve-hour shifts should not work overtime other than in the
exceptional circumstances such as where a relief operator is not available, in
which case a maximum of two hours overtime only should be worked.
(e) Administration
Measures - Discussions should take place, co-incidental with discussions
regarding the introduction of twelve-hour work periods, with respect to the
introduction of a range of employer support services to assist in minimising
the inconvenience and disturbances of such extended hours. For example, such services could include:
provision of adequate information in everyday language,
to address such issues as shift rosters, rest, fatigue, the effects of
medication and other drugs, employer services, etc. (this information should be
provided in appropriate languages);
availability of nutritionally balanced meals and drinks
during shifts;
provisions of rest areas and social/recreational
facilities;
training for supervisors to increase awareness of the
special requirements of twelve-hour shift working;
child care arrangements.
(f) Health and
Related Matters - Health Services - All employers have a general duty of care
to provide a safe and healthy work environment for their workers.
Health supervision and health care for workers is
important. Employers may wish to
consider such measures as health counselling and preventative health care,
pre-placement (not pre-employment) screening in order to advise the worker
about adjustment to their job and periodic health examinations.
Schedule "D" - Old Classification Structure*
*Former Transitional wages classification system to
facilitate the introduction of skill levels in December 1998. Retained for historical reference only.
Classification and Assigned Wage Band Numbers
Division "A" - Carpets -
No. Classification Old
Pay Wage Band
Group No.
1. Assistant
foreman/woman BP 3C
2. Back
Starcher N 1B
3. Beamer W 2A
4. Brusher
and/or steamer N 1B
5. Card
fettler Y 2A
6. Copyist AP 2D
7. Creeler O 1B
8. Dye
house and/or bleach house operator or
attendant R 2A
9. Dye-stuffs
and/or chemicals wither and/or
designer AB 2B
10. Examiner
and/or mender:
Woven
Carpets Y 2A
Other N 1B
11. Fork
Lift Driver (see clause 19(e)) see
note below
12. Hand
trials R 2A
12A. High
rise stacker operator (see clause 5(h)) see
note below
13. Inspector
- Latex finish R 2A
14. Jacquard
card stamper and/or lacer R 2A
15. Labourer A 1A
16. Latex
backing dryer R 2A
17. Textile
mechanic:
1st
year's experience BA 3C
2nd
years experience BI 3C
Thereafter BO 4B
18. Machine
operators and/or attendants not elsewhere
specified R 2A
19. Moulder
(carpet) Y 2A
20. Oiler
and/or cleaner F 1A
21. Recorder AB 2B
22. Roller
and/or measurer N IB
23. Rug
and/or sample section operator R 2A
24. Sewing
Machinist:
mould
carpets AB 2B
other V 2A
25. Shearer Y 2A
26. Solderer R 2A
27. Spool
setter:
1st
three months experience I 1A
2nd
three months experience S 2A
Thereafter AG 2D
28. Storeman/woman
(see clause 5(h)) see note
below
29. Sweeper A 1A
30. Test
room and/or laboratory attendant AB 2B
31. Threader R 2A
32. Tow
motor driver (see clause 5(h)) see
note below
33. Trimmer R 2A
34 Trucker
and/or wheeler and/or conveyor A 1A
35. Tufting
machine operator Y 2A
36. Warehouse
employee (see clause 5(h)) see note
below
37. Warp
sizer and beamer jute and cotton Y 2A
38. Weaver:
(a) Trainee (regardless of loom type or width):
1st three months
experience M IB
2nd three months
experience W 2A
(b) Weaver looms up to 9ft. wide:
Plain
Wilton W 2A
Axminster AH 2D
Jacquard
Wilton AK 2D
(c) Weaver looms over 9ft. wide:
Plain
Wilton AJ 2D
Axminster AS 2D
Jacquard
Wilton AW 2E
39. Whipper R 2A
40. Winder -
bobbin and/or cheese N IB
41. All other
adults not elsewhere specified A 1A
Division "B" - Commission Dyeing - Bleaching
and/or Finishing -
1. Assistant
foreman/woman BL 3C
2. Board
and/or press hand (including pre-boarding) W 2A
3. Cloth
cutting or cropping machine attendant Y 2A
4. Cutting
measured lengths of finished cloth,
employee
responsible R 2A
5. Dye house
and/or bleach house and/or finishing
machine
operator/attendant R 2A
6. Dye stuffs
and/or chemicals weigher and/or
dispenser AB 2B
7. Examiner
and/or passer of pieces:
(a) after mending AM 2D
other R 2A
8. Examiner
during finishing process W 2A
9. Examiner of
finished cloth AC 2B
10. Examiner of
finished cloth, assistant R 2A
11. Fork lift
driver (see clause 5(h)) see
note below
12. Grader
and/or pairer N 1B
13. Grey room
attendant N 1B
14. Hank
stripper and/or puller 1B
14A. High rise
stacker operator (see clause 5(h)) see
note below
15. Knotter
and/or burler N 1B
16. Labourer A 1A
17. Machine
operators and/or attendants not elsewhere
specified R 2A
18. Mender
and/or darner
Worsted AD 2B
Other R 2A
19. Oiler and/or
cleaner F 1A
20. Passer of
domestic flanner and/or blankets R 2A
21. Piece
scouring and/or washing machine milling
and/or
piece carbonising machine operators
and/or
attendants W 2A
22. Recorder AB 2B
23. Rug Fringer Q 1B
24. Steam press
operator - hosiery AM 2D
25. Storeman/woman
(see clause 5(h)) see
note below
26. Sulphur
house hand (for time engaged on sulphur-
house work) AC 2B
27. Sweeper A 1A
28. Test room
and/or laboratory attendant AB 2B
29. Tow motor
driver (see clause 5(h)) see
note below
30. Trucker
and/or wheeler and/or conveyor A 1A
31. Warehouse
employee (see clause 5(h)) see
note below
32. Water
softening plant operator in charge AB 2B
33. All other
adult employees not elsewhere specified A 1A
Division "C" - Cotton and Man Made Fibre -
1. Assistant
foreman/woman BR 3C
2. Back tenter - 1B
3. Beam lifter - 1B
4. Card
cutter:
1st
year's experience AJ 2D
2nd
years experience AY 2E
Thereafter BF 3B
5. Card and/or
chain maker R 2A
6. Cloth
doffer A 1A
7. Creeler F 1A
8. Cropper R 2A
9. Doffer A 1A
10. Drawer-in AB 2B
11. Dry taper W 2A
12. Dye stuffs
and/or chemicals weigher and/or
dispenser AB 2B
13. Examiner
and/or picker - finished cloth Y 2A
14. Examiner
and/or picker-loom state cloth R 2A
15. Finisher
and/or cutter, examiner, parceller and
trimmer R 2A
16. Finishing
operators not elsewhere specified R 2A
17. Fork lift
driver (see clause 5(h)) see
note below
18. Heddle
cleaner 1B
18A. High rise
stacker operator (see clause 5(h)) see
note below
19. Labourer A 1A
20. Textile
mechanic:
1st
year's experience BA 3C
2nd
years experience BI 3C
Thereafter BO 4B
21. Textile
mechanic/assistant AJ 2D
22. Machine
operators and/or attendants not elsewhere
specified R 2A
23. Oiler and/or
cleaner F 1A
23A. Pedestrian fork
lift operator (see clause 5(h)) see
note below
24. Reacher-in - 1B
25. Recorder AB 2B
26. Repairer -
binder, harness frame, reed or shuttle R 2A
27. Roller
coverer AJ 2D
28. Roller
coverer's assistant - 1B
29. Sewing
machinist:
1st
6 weeks experience B 1A
Thereafter V 2A
30. Sizer AJ 2D
31. Sizer's
assistant R 2A
32. Smash weaver AB 2B
33. Storeman/woman
(see clause 5(h)) see
note below
34. Storeman in
charge of finished cloth (see clause
5(h)) see
note below
35. Stripper and
grinder - cards AB 2B
36. Sweeper A 1A
37. Tapeman - 1B
38. Test room
and/or laboratory attendant AB 2B
39. Tier-in AB 2B
40. Tow motor
driver (see clause 5(h)) see
note below
41. Trucker
wheeler and/or conveyor A 1A
42. Twister-in AB 2B
43. Warehouse
employee (see clause 5(h)) see
note below
44. Warp gaiter AB 2B
45. Warp tying
assistant - 1B
46. Warper W 2A
47. Weaver:
1st
three months experience J 1B
Thereafter AB 2B
48. Weft
supplier A 1A
49. Yarn packer - 1B
50. All other
adult employees not elsewhere specified A 1A
Division "D" - Elastic Webbing and Lace -
1. Assistant
foreman/woman BL 3C
2. Braiding
machine operator: A 1A
1st
3 months experience R 2A
Thereafter R 2A
3. Card
stamper, handler and/or changer R 2A
4. Circular
lace machine operator and/or attendant:
1st
3 months experience A 1A
Thereafter R 2A
5. Creeler F 1A
6. Drawer
and/or ironer M 1B
7. Dye house
and/or bleach house and/or finishing
machine
operator and/or attendant R 2A
8. Dye stuffs
and/or chemicals weigher and/or
dispenser AB 2B
9. Examiner
and/or carder R 2A
10. Fork lift
driver (see clause 5(h)) see
note below
10A. High rise
stacker operator (see clause 5(h)) see
note below
11. Labourer A 1A
12. Textile
mechanic:
1st
year's experience BA 3C
2nd
years experience BI 3C
Thereafter BO 4B
13. Machine
operators and/or attendant not elsewhere
specified R 2A
14. Oiler and/or
cleaner F 1A
15. Pattern
fixer:
1st
year's experience T 2A
Thereafter AH 2D
16. Recorder AB 2B
17. Rubber
Coverer:
1st
three months experience A 1A
Thereafter R 2A
18. Rubber
Warper:
1st
3 months experience A 1A
Thereafter R 2A
19. Storeman/woman
(see clause 5(h)) see
note below
20. Sweeper A 1A
21. Test room
and/or laboratory attendant AB 2B
22. Tow motor
driver (see clause 5(h)) see
note below
23. Trucker
and/or wheeler and/or conveyor A 1A
24. Warehouse
employee (see clause 5(h)) see
note below
25. Warper:
1st
3 months experience E 1A
Thereafter W 2A
26. Weaver:
1st
3 months experience E 1A
Thereafter W 2A
27. All other
adult employees not elsewhere specified A 1A
Division "E" - Fabric Printing -
1. Assistant
foreman/woman BR 3C
2. Colour
and/or gum mixing, operator in charge AC 2B
3. Colour
and/or gum mixer, other R 2A
4. Designer CE 5A
Other CD 4A
5 Engraver of
designs on copper rollers AN 2D
6 Examiner of
finished products R 2A
7. Fork lift
driver (see clause 5(h)) see
note below
7A. High rise
stacker operator (see clause 5(h)) see
note below
8. Labourer A 1A
9. Machine
operators and or attendants not elsewhere
specified R 2A
10. Oiler and/or
cleaner F 1A
11. Printing
machine assistant not elsewhere specified - 1B
12. Recorder AB 2B
13. Roller
grinder R 2A
14. Roller
machine printing, operator in charge AN 2D
15. Roller
machine and/or rotary screen printing
assistant R 2A
16. Rotary
screen printing, operator in charge AN 2D
17. Screen maker Y 2A
18. Screen room
assistant R 2A
19. Steaming,
operator in charge Y 2A
20. Storeman/woman
(see clause 5(h)) see
note below
21. Sweeper A 1A
22. Technical
drawer:
1st
year's experience AU 2E
Thereafter CC 3B
23. Technical
photographer (charge hand) AJ 2D
24. Technical
photographer R 2A
25. Test room
and/or laboratory attendant AB 2B
26. Textile
printer (automatic) flat bed:
1st
three months experience M 1B
Thereafter AD 2B
27. Textile
printer (hand) flat bed:
1st
3 months experience G 1A
Thereafter Y 2A
28. Tow motor
driver (see clause 5(h)) see note below
29. Trucker
and/or wheeler and/or conveyor A 1A
30. Warehouse
employee (see clause 5(h)) see
note below
31. All other
adult employees not elsewhere specified A 1A
Division "F" - Felts -
1. Assistant
foreman/woman BL 3C
2. Burlers
and/or menders AD 2B
3. Fork lift
driver (see clause 5(h)) see
note below
3A. High rise
stacker operator (see clause 5(h)) see
note below
4. Joiners
and/or seamers AU 2E
5. Labourer A 1A
6. Machine
operators and/or attendants not elsewhere
specified Y 2A
7. Oiler
and/or cleaner F 1A
8. Recorder B 2B
9. Sewing
machinist AL 2B
10. Storeman/woman
(see clause 5(h)) see
note below
11. Textile
mechanic:
1st
year's experience BA 3C
2nd
years experience BI 3C
Thereafter BO 4B
12. Tow motor
driver (see clause 5(h)) see
note below
13. Warehouse
employee (see clause 5(h)) see
note below
14. Warper,
weaver and or drawer-in AB 2B
15. Weaver/jobber
and/or weaver/starter BI 3C
16. All other
adult employees not elsewhere specified A 1A
Division "G" - Knitting -
1. Assistant
foreman/woman full fashioned hosiery BR 3C
2. Assistant
foreman/woman - other BL 3C
3. Board
and/or press hand (including pre-boarding) W 2A
4. Creeler F 1A
5. Cutter
machine (including Gerber machine cutter) CF 3C
6. Cutter -
hand CG 3C
7. Cutter -
hosiery CH 3A
8. Dye stuffs
and/or chemicals weigher and/or
dispenser AB 2B
9. Dye house
and/or bleach house machine operator
or
attendant R 2A
10. Examiner:
Outerwear R 2A
Other N 1B
11. Finisher N 1B
12. Folder
(including fabrics) N 1B
13. Fork lift
driver (see clause 5(h)) see
note below
14. Grader
and/or pairer N 1B
14A. High rise
stacker operator (see clause 5(h)) see
note below
15. Knitter:
1st
3 months experience D 1A
2nd
3 months experience P 1B
Thereafter AA 2A
16. Knitter/threader
(warp knitting) AJ 2D
16A. Knitter - hand
(Needles) AA 2A
17. Layer up
machine R 2A
17A. Layer up hand N 1B
18. Labourer A 1A
19. Linker:
1st
3 months experience D 1A
Thereafter Z 2A
20. Machine
Operator full fashions:
1st
year's experience Al 2D
Thereafter BB 3A
21. Machine
operators and/or attendants not
elsewhere
specified (including Autoclave and
women
in charge of die cutting machine) R 2A
22. Machinist
(sewing)
1st
3 months experience D 1A
Thereafter AL 2B
22A. Marking in
operator (computerised systems) CF 3C
23. Textile
Mechanic:
1st
year's experience BA 3C
2nd
years experience BI 3C
Thereafter BO 4B
23A. Textile
Mechanic Special Class (as defined) CL 5B
24. Micro
processor (lock stitch machine) AL 2B
25. Mender Z 2A
26. Oiler and/or
cleaner F 1A
27. Parceller
and/or boxer and/or assembler N 1B
28. Presser
(hand) and/or ironer including Simmonds
steam
iron) U 2A
29. Recorder AB 2B
30. Seamer:
1st
six weeks experience D 1A
Thereafter Z 2A
31. Textile
Mechanic (sewing machine) BO 4B
31A. Textile
Mechanic Special Class (sewing machine)
(as
defined) CL 5B
32. Spinner,
twister, winder and/or reeler R 2A
33. Steam press
operator AM 2D
34. Storeman/woman
(see clause 5(h)) see
note below
35. Sweeper A 1A
36. Test room
and/or laboratory attendant AB 2B
37. Topper N 1B
38. Tow motor
driver (see clause 5(h)) see
note below
39. Trimmer H 1A
40. Trucker
and/or wheeler and/or conveyor A 1A
41. Warehouse
employee (see clause 5(h)) see
note below
42. Warper W 2A
43. All other
adult employees not elsewhere specified A 1A
Division "H" - Narrow Fabrics, Trimmings and
Embroidery -
1. Assistant
foreman/woman BL 3C
2. Assistant
on automatic embroidery machine R 2A
3. Braiding
machine operator:
1st
3 months experience A 1A
Thereafter R 2A
4. Card
stamper, handler and/or changer R 2A
5. Cord
spinner:
1st
3 months experience A 1A
Thereafter R 2A
6. Cord
twister:
1st
3 months experience A 1A
Thereafter R 2A
7. Creeler F 1A
8. Embroidery
embosser (repairs) Z 2A
9. Embroidery
machine operator (automatic shuttle)
5-15
yards:
1st
3 months experience F 1A
Thereafter AF 2C
10. Embroidery
machine operator (other) 5-10 yards:
1st
3 months experience A 1A
Thereafter R 2A
11. Finisher L 1B
12. Fork lift
driver (see clause 5(h)) see
note below
13. Harness
frame maker and/or repairer R 2A
13A. High rise
stacker operator (see clause 5(h)) see
note below
14. Jacquard
card cutter:
1st
year's experience AJ 2D
2nd
years experience AY 2E
Thereafter BF 3B
15. Jacquard
card handler - 1B
16. Labourer A 1A
17. Textile
Mechanic:
1st
year's experience BA 3C
2nd
years experience BI 3C
Thereafter BO 4B
18. Machine
operators and/or attendants not elsewhere
specified R 2A
19. Oiler and/or
cleaner F 1A
20. Recorder AB 2B
21. Storeman/woman
(see clause 5(h)) see
note below
22. Sweeper A 1A
23. Tassel hand
(cordage) N 1B
24. Test room
and/or laboratory attendant AB 2B
25. Tow motor
driver (see clause 5(h)) see note below
26. Trucker
and/or wheeler and/or conveyor A 1A
27. Twister-in AB 2B
28. Warehouse
employee (see clause 5(h)) see
note below
29. Warper:
1st
3 months experience E 1A
Thereafter W 2A
30. Weaver:
1st
3 months experience J 1B
Thereafter AB 2B
31. All other
adult employees not elsewhere specified A 1A
Division "I" - Mercerising -
1. Fork lift
driver (see clause 5(h)) see
note below
1A. High rise
stacker operator (see clause 5(h)) see
note below
2. Labourer A 1A
3. Machine
operators and/or attendants R 2A
4. Oiler
and/or cleaner F 1A
5. Recorder AB 2B
6. Storeman/woman
(see clause 5(h)) see
note below
7. Sweeper A 1A
8. Test room
and/or laboratory attendant AB 2B
9. Tow motor
driver (see clause 5(h)) see
note below
10. Trucker and/or
wheeler and/or conveyor A 1A
11. Warehouse
employee (see clause 5(h)) see
note below
12. Warp
mercerising, operator in charge AE 2C
13. All other
adult employees not elsewhere specified A 1A
Division "J" - Quilting -
1. Machine
operators and/or attendants R 2A
Division "K" - Sanitary Pads, Belts, Cotton Wool
and Disposable Napkins -
1. Assistant
foreman/woman BL 3C
2. Contour
diaper machine operator (Kimberly Clark
Only) BJ 3B
3. BCW line
operator and/or diaper machine
operator CI 2D
4. Feminine
napkin machine operator CJ 2C
5. Fork Lift
Driver (see clause 5(h)) see
note below
5A. High rise
stacker operator (see clause 5(h)) see
note below
6. Labourer A 1A
7. Machine
operators and/or attendants R 2A
8. Oiler
and/or cleaner F 1A
9. Storeman/woman
(see clause 5(h)) see
note below
10. Sweeper A 1A
11. Test room
and/or laboratory attendant AB 2B
12. Tow motor
driver (see clause 5(h)) see
note below
13. Trucker
and/or wheeler and or conveyor A 1A
14. Utility
attendant diaper machine CK 2B
15. Warehouse
employee (see clause 5(h)) see
note below
16. All other
adult employees not elsewhere
specified A 1A
Division "L" - Synthetic Fibres and Throwsters -
1. Assistant
foreman/woman (extrusion, spinner, draw
twister,
texturising, staple, warper, weaver) BQ 4A
2. Assistant
foreman/woman - other BR 3C
3. Ancillary
operative (pack assembler and/or
dissembler,
salt bath, steam air furnace, spinner
broacher,
spinneret inspector, spin finish) W 2A
4. Creeler F 1A
5. Fork lift
driver (see clause 5(h)) see
note below
5A. High rise
stacker operator (see clause 5(h)) see
note below
6. Inspector
and packer W 2A
7. Machine
cleaner and/or stripper F 1A
8. Machine
operators and/or attendants not elsewhere
specified
(including Autoclave) R 2A
9. Oiler
and/or cleaner F 1A
10. Polymer
handling attendant F 1A
11. Process
operative (extrusion spinner, draw twister,
texturising,
staple warper, weaver) W 2A
12. Process
operative (polymerisation) - 2A
13. Service
employee (including cleaner in production
areas) A 1A
14. Storeman/woman
(see clause 5(h)) see
note below
15. Tapeman - 1B
16. Test room
and/or laboratory attendant AB 2B
17. Trainee
operative (classification 11) maximum
period
3 months A 1A
18. Tow motor
driver (see clause 5(h)) see
note below
19. Warehouse
employee (see clause 5(h) see
note below
20. Warper W 2A
21. Waste
Presser R 2A
22. Weaver -
tyre cord W 2A
23. All other
adult employees not elsewhere specified A 1A
Division "M" - Waste, Flock and Wadding -
1. Assistant
foreman/woman BL 3C
2. Cutter R 2A
3. Fork lift
driver (see clause 5(h)) see
note below
3A. High rise
stacker operator (see clause 5(h)) see
note below
4. Labourer A 1A
5. Machine
operators opening, carding, needling
washing S 2A
6. Machine operators and/or attendants
not elsewhere
specified R 2A
7. Machine
operator's assistant C 1A
8. Oiler
and/or cleaner F 1A
9. Presser R 2A
10. Recorder AB 2B
11. Storeman/woman
(see clause 5(h)) see
note below
12. Sweeper A 1A
13. Test room
and/or laboratory attendant AB 2B
14. Tow motor
driver (see clause 5(h)) see
note below
15. Trucker
and/or wheeler and/or conveyor A 1A
16. Warehouse
employee (see clause 5(h)) see
note below
17. Waste sorter R 2A
18. All other
adult employees not elsewhere specified A 1A
Division "N" - Woollen and Worsted -
1. Assistant
foreman and/or overlooker (wool stores)
(see
clause 5(h)) CB 4A
2. Assistant
foreman and/or overlooker (spin setting) BR 3C
3. Assistant
foreman and/or overlooker (weaving) BR 3C
4. Assistant
foreman and/or overlooker (other
sections) BL 3C
5. Acid bowl
attendant (see clause 5(h)) BY 2E
6. Back-wash
machine operator W 2A
7. Beam lifter R 2A
8. Blender,
bedder and blend oiler W 2A
9. Buncher,
bundler and/or tier, ticketer and/or
tabber K 1B
10. Burr
crushing machine attendant (see clause
5(h)) BX 2E
11. Card chain
maker R 2A
12. Card cutter R 2A
13. Cloth doffer A 1A
14. Cloth
cutting or cropping machine attendant Y 2A
15. Colour
and/or batch matcher AB 2B
16. Comb minder W 2A
17. Creeler F 1A
18. Doffer A 1A
19. Drawer-in
(fancy warps):
1st
year's experience F 1A
2nd
years experience X 2A
Thereafter AR 2D
20. Drawer-in
(others) AB 2B
21. Dryer
attendant (see clause 5(h)) BX 2E
22. Dye house
and/or bleach house and/or finishing
machine
operators attendants R 2A
23. Dye-stuffs
and/or chemicals weigher and/or
dispenser AB 2B
24. Examiner of
cloth (loomstate) R 2A
25. Examiner of
cloth (loomstate) assistant F 1A
26. Examiner
during finishing process W 2A
27. Examiner of
finished cloth AC 2B
28. Examiner of
finished cloth - assistant R 2A
29. Examiner of
hanks N 1B
30. Examiner and
passer of pieces after mending AM 2D
31. Examiner
and/or passer of pieces (others) R 2A
32. Fabric
splicer (paper mills felt) AD 2B
33. Fettler
and/or card grinder W 2A
34. Fork lift
driver (see clause 5(h)) see
note below
35. Hank
stripper and/or puller - 1B
36. Heddle
cleaner - 1B
37. Knotter and
Burler N 1B
38 Labourer A 1A
39. Lanoline
plant operator BZ 3B
40. Textile
Mechanic:
1st
year's experience BA 3C
2nd
years experience BI 3C
Thereafter BO 4B
41. Textile
Mechanic/Assistant AJ 2D
42. Machine
operators and/or attendants not elsewhere
specified R 2A
43. Make-up of
shade cards or tassels N 1B
44. Man in
charge of one pair of mules AD 2B
45. Mender
and/or darner (worsted) AD 2B
46. Mender
and/or darner (other) R 2A
47. Needling
machine operator (paper mill felts) Y 2A
48. Neutraliser
attendant overlooking bowls in
carbonising
plant (see clause 5(h)) BZ 3B
49. Neutraliser
attendant (see clause 5(h)) W 2A
50. Oiler and/or
cleaner F 1A
51. Parceller
and/or boxer or wool top wrapper
inspector N 1B
52. Passer of
domestic flannels and/or blankets R 2A
53. Picker N 1B
54. Piece
scouring and/or washing machine and/or
piece
carbonising machine operator W 2A
55. Pin setter:
(a) Comb
circle and/or French comb cylinder:
1st
year's experience AY 2E
2nd
years experience BF 3B
Thereafter BP 3C
(b)
Fallers and/or porcupines:
1st
year's experience F 1A
2nd
years experience X 2A
Thereafter AR 2D
56. Reacher-in - 1B
57. Recorder AB 2B
58. Repairer -
harness frame, binder, reed and/or
shuttle R 2A
59. Roller-coverer AJ 2D
60. Roller
coverer's assistant - 1B
61. Rug fringer Q 1B
62. Sewing
machinist V 2A
63. Shrink
resistant process - operator in charge AB 2B
64. Shrink
resistant process - attendant W 2A
65. Sizing
machine operator AJ 2D
66. Sizer's
assistant R 2A
67. Silber
dabber, maker/repairer W 2A
68. Sorter of
noils and/or waste R 2A
69. Storeman/woman
(see clause 5(h)) see
note below
70. Sulphur
house hand (for time engaged on
sulphur
work) AC 2B
71. Sweeper A 1A
72. Taker off
and examiner R 2B
73. Tapeman - 1B
74. Test room
and/or laboratory attendant AB 2B
75. Tier-in AB 2B
76. Tier-in
assistant - 1B
77. Tow motor
driver (see clause 5(h)) see
note below
78. Trucker
and/or wheeler and/or conveyor A 1A
79. Twister-in AB 2B
80. Warehouse
employee (see clause 5(h)) see
note below
81. Warp gaiter Y 2A
82. Warper - on
vertical type machine AT 2D
83. Warper-fancy-warper
on double faced rugs and
warper
using waving attachment AE 2C
84. Warper -
plain W 2A
85. Waste
collector, sorter baler and presser (including
presser
of noils) R 2A
86. Weaver
patterns AJ 2D
87. Weaver:
1st
3 months experience G 1A
Thereafter Y 2A
88. Weft
supplier A 1A
89. Wet crabber
operator W 2A
90. Wool picker R 2A
91. Wool top
packer and/or presser and/or strapper
and/or
brander W 2A
92. Wool sorter
(see clause 5(h)) CA 3C
93. Wool scourer
and/or carboniser (other than
foreman
responsible for mixing liquors and
working of bowls) (see clause 5(h) BZ 3B
94. Wool store
employees, trucker, presser and
storeman
and/or packer substantially employed
as
such) (see clause 5(h) BY 2D
95. All other
adult employees not elsewhere specified A 1A
NOTE: The
classifications relating to Storemen/women, warehouse employees, fork lift
drivers, tow motor drivers, pedestrian fork lift drivers and the high rise
stacker fork lift driver have not been broadbanded as their rates of pay are
linked to parent awards.
SCHEDULE "E"
FORM OF INDENTURE OF APPRENCTICESHIP
This indenture, made the day
of 20 between (hereinafter called the employer") of
the first part and
of (hereinafter
called the "apprentice") of the second part and the apprentice (hereinafter called the of the third part.
Now this indenture witnesseth:
1. This
apprentice, of his own free will and with the consent of the hereby binds
himself to serve his employer as his apprentice as hereinafter mentioned for
the term of years, from
2. The employer
covenants with the and the apprentice, and with each of them separately:
(a) That he will
accept the apprentice as his apprentice for the said term of years, and during
the term will instruct the apprentice or cause him to be instructed, in the
functions or process of and will furnish the apprentice with all materials and
facilities necessary to enable him to learn such functions or process as
aforesaid.
(b) That he will
pay to the apprentice weekly during the said term the rates of wage for the
time being prescribed by this award of the Industrial Relations Commission of
New South Wales.
3. The
apprentice and covenant with the employer:
(a) That the
apprentice shall truly and faithfully during the term, serve the employer as
his apprentice aforesaid and shall diligently attend to the business and at all
times willingly obey the lawful commands of the employer, and shall not absent
himself from the employer’s service without leave of the employer, or in
accordance with the law.
(b) That in the
case the apprentice be at any time during the term wilfully disobedient to the
commands of the employer, or be habitually slothful or negligent or otherwise
grossly misbehaves himself towards the employer, the employer may, subject to
the approval of the appropriate State Authority, determine this indenture and
discharge the apprentice from his service.
(c) That the
employer may deduct from time to time from the wages to be paid to the
apprentice such sums as may be reasonable for any loss of time occasioned by
the absence of the apprentice from his employment through any cause, including
rationing or suspension approved by the appropriate State Authority, but not
including the acts, defaults or commands of the employer or any statutory
enactment.
(d) That any
question or difference arising between the employer and the apprentice relating
to this indenture or anything contained herein or the construction or operation
hereof or any rights, duties or liabilities of the employer or the apprentice
hereunder, shall be determined by the said State Authority.
(e) That this
indenture may, subject to the approval of and upon notice in writing to the
said State Authority, be cancelled by mutual consent.
(f) That this
indenture shall not be assigned, except with the approval of the said State
Authority.
(g) That this
indenture shall be handed over to the said apprentice on the completion of his
terms of service herein, with a certificate of the apprentice’s service
endorsed thereon.
And for the true performance of all and every of the
said covenants and agreements, each of the said parties bindeth himself to the
other by these presents.
Signed, sealed and delivered by the said
Employer Witness
Apprentice Witness
Parent or Guardian Witness
CERTIFICATE OF AGE
I (parent’s or guardian’s name in full), do
hereby solemnly declare and affirm that the within named apprentice was born on
the day of 20 , and I apprentice’s
name), do likewise declare and affirm that I have been informed and verily
believe that I was born on such day as aforesaid. Taken and declared at in the State of on this day of 20 .
Before me: A
Justice of the Peace.
ASSIGNMENT OF THE WITHIN INDENTURE
The within named employer do hereby with the consent of assign the
within indenture, and the services there under of the within named apprentice
of and
his executors; and the said unto doth hereby declare his acceptance of such
apprentice and acknowledges himself and his executors and administrators to be
bound by the covenants on the part of the employer of such apprentice, to be
done and performed as fully as if he himself had entered into the same as a
party under that indenture.
In witness whereof the parties hereto have set their hands
and seals this day
of 20 .
Signed, sealed and delivered by the said
Employer.
(Seal)
of their executors or administrators.
(Consenting party or parties)
(Seal)
in the presence of:
SCHEDULE F - TRANSLATION PROCEDURE
Step 1 Getting
ready
Arrange and conduct a meeting of the Translation Committee
or Consultative Committee to:
* Set date/s for
union/employee training and make the necessary arrangements
* Set date/s for
joint training and make the necessary arrangements
* Conduct a
survey of the language needs of the workforce
* Carry out
inspection of the factory/workplace to familiarise the Committee with the
different sections/work areas.
Step 2 Training
and Planning
* Undertake
union/employee training.
* Undertake
joint training.
* Set date/s for
information session/s to workforce and make the necessary arrangements.
* Set date/s for
transferring the workforce to the new skill levels.
* Arrange for
suitable interpreters to be available for information sessions and completion
of the Questionnaire (and Checklist where used).
* Agree on the
order in which different sections of the factory/workplace will be translated
and establish and prominently display a timetable for translation including the
date/s for information sessions to the workforce and for the completion of the
Questionnaire (and Checklist where used).
Translation should commence as soon as possible after the delivery of training,
and must be completed within the transition period.
* Agree on how
the completion of the Questionnaire (and Checklist where used) will be managed
eg. by sections, by language groups.
* Select
appropriate space within the factory/workplace to carry out translation
procedures.
* Obtain all the
materials necessary.
* Provide
information to the whole of the workforce on the translation to the new Skill
Based Classification Structure. This
may be provided verbally and/or in written form and/or by way of a poster. This may be delivered in sections or
language groups or to the workforce as a whole.
* Arrange for
the Committee to brief supervisors on the translation process and provide copy
of written materials.
Step 3 Preparing
the Skills Questionnaire (and Checklist where used)
* In preparation
for the Skills Based Classification Structure, an enterprise may, in
consultation with the Committee choose to list machine types and then classify
the operations performed on them into:
* basic
* intermediate
* complex
This information can be used to assist in determining skill
levels by identifying technical skills.
It cannot be used without the Questionnaire.
The Checklist must be agreed to as accurate by the Committee
before it can be used in the translation process.
* Arrange for
Questionnaire (and Checklist where used) to be copied for each member of the
workforce.
* Number each
Questionnaire (and its accompanying Checklist where used) consecutively
beginning with number 1.
Every page of the same Questionnaire (and accompanying
Checklist where used), should be given the same number so that if pages of a
completed Questionnaire (and Checklist where used become detached, they can be
identified.
Step 4 Completing
the Questionnaire (and Checklist where used)
* Responses to
the Questionnaire (and Checklist where used) should relate to recurring
activities which an employee is competent in and is expected to carry out. Activities which are carried out
infrequently or at unpredictable times should be included as long as they are
recurring activities which an employee is competent in and is expected to carry
out during a normal twelve monthly production cycle.
Activities which an employee has been called on to carry
out, only from time to time, because of extraordinary production requirements
would not be included. In this case,
where employees are called on to exercise high level skills, they would be paid
in accordance with clause 14 Mixed
Functions of this award.
For example, an employee called on to carry out the
activities of another employee because that employee is temporarily absent for
a short period of time would not include these activities in their response to
the Questionnaire (and Checklist where used).
However, if it is the part of an employee's specific duties to relieve
in the case of the absence of other employees, as is the case for utility
machinists, then those activities should be included.
* Periods of
training are not to be regarded as part of an employee's usual work.
* Arrange for
the Questionnaire (and Checklist where used) to be completed by each employee,
in manageable groups, during working hours in the manner agreed by the
Committee eg., in section/work area, language group.
* At least one
union and one employer representative of the committee, with the help of
interpreters if necessary, will act as facilitators for each group and the
facilitators shall explain the Questionnaire (and Checklist where used) and how
to fill it out.
They will answer questions about the Questionnaire (and
Checklist where used) and ensure that all of the relevant questions have been
answered. The role of facilitators is to clarify the meaning of questions to
enable employees to make their own responses.
* An employee
may request a supervisor to complete the Checklist (where used) on behalf of
the employee.
* Facilitators
should pay particular attention to filling in the name of the employee, the job
title and the wage band number on to the skill allocation form.
* Facilitators
should answer any questions about what happens next.
Step 5 Allocating
Skill Levels
The Committee shall meet and perform the following
procedures:
* Ensure a
committee secretary is present and has a Skill Level Allocation Form for each
employee.
* Ensure that
each member has a copy of the completed Questionnaire (and Checklist where
used) for each employee in the same order and a copy of the skill level
classification structure.
* The Committee
shall then call in supervisors to endorse the employee responses to the
Questionnaire (and Checklist where used).
Where supervisors disagree with certain responses they shall give their
reasons for such differences and these shall be discussed with the employee
concerned, with the assistance of an interpreter if necessary. The Committee may seek any other information
in an attempt to determine whether the disputed responses are acceptable and
may view the employee at his or her work station. Where the Committee cannot make a decision, the employees
responses must be accepted.
* For each
employee:
* determine the
minimum skill level of the employee by comparing his/her wage band the relevant
table appearing below:
Minimum Translation Tables:
Skill Level
|
Textile Section/Non Make Up Area Skill Level
|
1
|
1
|
2
|
1
|
3
|
2
|
4
|
3
|
5
|
3
|
6
|
4
|
7
|
5*
|
* The current
Skill Level 7 Structure becomes the new Skill Level 5 Structure without
amendment.
For example a employee in Skill Level 5 will have a minimum
Translation to Skill Level 3.
* review the
completed Questionnaire (and Checklist where used) for the employee.
* where an
employee's Questionnaire (and Checklist where used) question/s are not answered
clearly and members of a Committee require clarification of an employee's
response this should be sought from the employee and if necessary their
supervisor.
* compare the completed
Questionnaire (and Checklist where used) with the skill level above the minimum
skill level for the employee.
* if the
employee cannot be allocated to the skill level above their minimum skill level
then he/she remains on their minimum skill.
* if the
employee can be allocated to the skill level above their minimum skill level
then compare the completed Questionnaire (and Checklist where used) with the
next skill level and so on until the employee can be allocated.
* the skill
level allocated is the highest level in which the employee satisfies all the
necessary requirements.
* the Committee
Secretary should record the skill level and key reasons for the decision on the
Skill Allocation form.
* the
Questionnaire (and Checklists where used) and the Skill Level Allocation Forms
should be kept in a safe place and be available for any subsequent review
processes.
Step 6 Where
consensus on the appropriate skill level is reached
* Notify
management and the employee of the recommended skill level.
* If both the
management and employee accept the recommendation it becomes the confirmed
skill level and shall remain so until at least the expiry of the transition
period.
Step 7 Where consensus
of the appropriate skill level cannot be reached or where it is but the
recommendation is not acceptable to management and/or the employee
* The Committee
will meet with management and the employee separately. It will then review its decision taking into
consideration the additional information it has obtained, and attempt to reach
a consensus, which will be notified to management and the employee.
* If consensus
still cannot be reached within the Committee or its recommendation is still not
acceptable to management and/or the employee, the matter shall be referred to
senior management and a union official who shall endeavour to reach agreement.
Step 8 Senior
management and the union official cannot reach agreement
If agreement cannot be reached between senior management and
the union official the matter may be referred to the relevant Industrial
Committee in accordance with clause 4 - Grievance Procedure of this award.
Textile Workers (State) Industrial Committee
Industries and Callings
Persons engaged in the manufacture and/or fabricating of
textile goods including the following;
(1) Artificial
silk;
(2) Braids;
(3) Carpets;
(4) Commission
dyeing, bleaching and finishing;
(5) Cotton;
(6) Cotton wool;
(7) Elastic
webbing;
(8) Embroidery;
(9) Felt (other
than paper felt), wool and/or fibre;
(10) Filament yarns;
(11) Flax;
(12) Hosiery;
(13) Knitted
goods;
(14) Kraft paper
yarns;
(15) Labels;
(16) Lace;
(17) Man‑made
fibres;
(18) Mercerising;
(19) Narrow
fabrics;
(20) Printing of
textiles;
(21) Pure silk;
(22) Quilting;
(23) Ribbons;
(24) Sanitary pads
and belts;
(25) Synthetic
fibres and yarns;
(26) Tassels;
(27) Textile waste
and flock;
(28) Trimmings;
(29) Wadding;
(30) Webbing
tapes;
(31) Woollen and
worsted;
(32) Winding yarn
for knitted goods
and allied manufacturing and fabricating industries in all
their branches and without limiting the meaning includes:
(a) processing and
treatment of raw cotton;
(b) spinning,
throwing, texturising, creping, extruding, mercerising, impregnating,
processing and treatment of fibres, filaments, threads, tyre cords, or yarns of
all descriptions including animal or vegetable fibres, artificial silk, cotton
flax, pure silk, filament, synthetic fibres or wool, or any of them combined
with one another or with any other animal, natural or synthetic fibre;
(c) weaving,
including hand weaving braids, fabrics, materials and/or webbing tapes of all
kinds and descriptions;
(d) dyeing,
bleaching, calendering, cleaning, pressing and/or finishing of all types of
fabrics, filament yarns, material wool tops, yarns and articles of all
descriptions up to and including the completed product;
(e) printing
including hand printing, screen and/or roller printing and stamping of fabrics
and/or articles of all kinds and descriptions;
(f) mending
and/or repairing (including invisible mending) of fabrics and/or articles of
all kinds and descriptions;
(g) manufacturing
of artificial silk, filament yarns, man‑made fibres and/or synthetic
fibres;
(h) knitting and
the manufacture of hosiery, half hose, children's hose, underwear, outerwear,
jersey piecegoods, fabrics and like goods or materials;
(i) storing,
sorting, scouring, carbonising, mixing, blending and combing of wool and
topmaking;
(j) storing,
blending, carding or garmenting of wool, hair, or other fibres, felting,
needling, milling, tentering and/or drying;
(k) handling or
sorting of waste textile material, and/or jute cotton or the like;
(l) every
operation, process, duty and function carried on or performed in or in
connection with or incidental to any of the foregoing, whether the whole
process of manufacturing is carried on in one establishment or not;
(m) persons engaged
in the manufacture of knitted goods other than puttees and including all
persons engaged winding yarn for knitted goods, and persons engaged in the
operation of dyeing, bleaching, pressing and finishing as part of the process
of manufacture of knitted piece goods and hosiery, whether the whole process of
manufacture is carried on in one establishment or not;
(n) employees
engaged in the manufacture and/or treatment of braids, tassels and textile
material for footwear;
(o) persons
engaged in the manufacture of textile goods, carpets, sanitary pads, cotton
wool, wadding and felt (other than paper felt), and persons engaged in the
operations of printing, dyeing, bleaching, pressing and finishing as part of
the process of manufacture thereof, whether the whole process of manufacture is
carried on in the one establishment or not; and persons engaged in the handling
or sorting of waste textile material; and persons engaged in the manufacture of
flock and waste and in the handling or sorting of waste textile material and/or
jute, cotton or the like, for the purpose of such manufacture;
in the State, excluding the County of Yancowinna;
excepting engine drivers and firemen, greasers, trimmers,
cleaners and pumpers, engaged in or about the driving of engines, carters,
grooms, stablemen, yardmen and drivers of motor and other power‑propelled
vehicles.
B. W. O'NEILL,
Commissioner.
____________________
Printed by the authority of the Industrial Registrar.