Footwear
Manufacturing Industry (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1536 of 2007)
Before Commissioner
Bishop
|
18 January 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Dispute
Settlement Procedure
4. Contract
of Employment
5. Part-time
Employees
6. Temporary
Employees
7. Casual
Employees
7A. Secure
Employment
8. Rates of
Pay
9. Skill
Levels
10. Leading
Hands
11. Enterprise
Flexibility
12. Rates of
pay - Apprentices and Probationers
13. Apprenticeship
- Manufacturing
14. Apprenticeship
- Components
15. Junior
Workers
16. State
Apprenticeship Regulations
17. Mixed
Functions
18. Incentive
Systems - Payment By Results Systems
19. Payment of
Wages
19A. Deduction of
Union Membership Fees
20. Hours of
Work
21. Implementation
of 38-Hour Week
22. Meal Times
23. Rest
Period
24. Overtime
25. Time Off
in Lieu of Overtime
26. Shift Work
27. Weekend
Work
28. Holidays
29. Annual
Leave
30. Trade
Union Training Leave
31. Sick Leave
32. Personal/Carer's
Leave
33. Bereavement
Leave
34. Parental
Leave
35. Jury
Service
36. Blood
Donors
37. Outdoor
Work
38. Aged, Slow
and Infirm Workers
39. Time and
Wages Book
40. Tools
41. Award
Posted
42. Amenities
43. First-aid
Attendants
44. First-aid
Outfit
45. Factories
Regulations
46. Right of
Entry
47. Shop
Presidents
48. Introduction
of Change
49. Redundancy
50. Superannuation
51. Anti-Discrimination
51A Traineeships
52. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
APPENDIX A
53. Schedule A - Consultative Committee
54. Schedule B
- Procedures to be Adopted in Developing an Enterprise Agreement
55. Schedule C
- Form of Indenture of Apprenticeship
56. Schedule D
- Broadcasting Arrangement - Historical information only
57. Schedule E
- Outdoor Work Agreements
2. Definitions
2.1 "Multi-purpose
machinist" means a person with at least five years continuous service in
the industry as a closing room machinist and who is:
2.1.1 able to
completely close three types of uppers to the accepted quality and quantity
standards of the employer; and
2.1.2 is principally
engaged on such work; or
2.1.3 has been
engaged on the ability to do so.
3. Dispute Settlement
Procedure
Where a dispute arises the following steps shall be taken:
3.1 Step One -
3.1.1 Where there is
a complaint concerning any matter directly connected with employment or job
conditions the worker or workers concerned or the union delegate may raise the
matter with the appropriate supervisor.
There shall be an attempt to settle the complaint.
3.1.2 In relation to
enterprise flexibility negotiations, as soon as practicable after the issue or
claim has arisen it shall be considered jointly by the appropriate supervisor,
the worker or workers concerned and the union delegate who shall attempt to
settle the dispute.
3.2 Step Two - If
the dispute is not resolved the issue or claim shall be considered jointly by
the appropriate senior management representative in conjunction with the union
delegate, who shall attempt to settle the dispute.
3.3 Step Three -
If the dispute is not resolved the issue or claim shall be considered jointly
by the employer and an official of the union, who shall attempt to settle the
dispute.
3.4 Step Four - If
the dispute is not resolved the dispute may then be notified to the Industrial
Relations Commission. The parties may
request that the matter be dealt with by a member of the Commission, who shall
resolve the dispute by conciliation or arbitration.
4. Contract of
Employment
4.1 Employment
shall be by the week, subject to the provisions of clause 4.2, provided that
for the first two weeks of employment in the industry the employment shall be
on an hourly basis.
4.2 Notice of
Termination by Employer -
4.2.1
(i) In order to
terminate the employment of an employee, the employer shall give the employee
the following notice:
Period of
Continuous Service
|
Period of 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
|
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. This shall
not affect the right of the employer to deduct payment for any day the employee
cannot be usefully employed because of any strike or through any breakdown in
machinery or any stoppage of work by any cause for which the employer cannot
reasonably be held responsible.
(ii) In addition
to the notice in clause 4.2.1(i), employees over 45 years of age at the time of
the giving of the notice with not less than two years continuous service shall
be entitled to an additional week's notice.
(iii) Payment in
lieu of the notice prescribed in clauses 4.2.1(i) and 4.2.1(ii) shall be made
if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(iv) In calculating
any payment in lieu of notice, the wages an employee would have received in
respect of the ordinary time they would have worked during the period of notice
had their 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 clauses 10,
Leading Hands, and43, First-aid Attendants, 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.
(v) The period of
notice in this clause shall not apply in the case of dismissal for conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty or in the case of apprentices or employees engaged for a specific period
of time or for a specific task or tasks.
(vi) For the
purposes of this subclause, continuity of service shall be calculated in the
manner prescribed by clause 29, Annual Leave.
4.2.2 Notice of
Termination by Employee - The notice of termination required to be given by an
employee shall be the same as that required of an employer, 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.
4.2.3 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.
4.2.4 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.
4.2.5 Summary
Dismissal - The employer shall have the right to dismiss any employee without
notice for conduct justifying instant dismissal, including malingering,
inefficiency, neglect of duty and in such cases the wages shall be paid up to
the time of dismissal only.
4.2.6 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.
4.2.7 Disputes
Settlement Procedures - Unfair Dismissals - Any dispute or claim arising under
clause 4.2.6 should be dealt with in the following manner:
(i) As soon as is
practicable after the dispute of a claim has arisen, the employee concerned
will take the matter up with their immediate supervisor, affording them the
opportunity to remedy the cause of the dispute or claim.
(ii) 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 their immediate
supervisor would be inappropriate, the employee shall notify a duly authorised
representative of their union who, if they consider that there is some
substance in the dispute or claim, shall forthwith take the matter up with the
employer or their representative.
(iii) If the matter
is not settled it shall be submitted to the Industrial Relations Commission,
which shall endeavour to resolve the issue between the parties by conciliation.
(iv) 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.
4.3 An employee
not attending for duty shall, except as provided by clause31, Sick Leave, lose
pay for the actual time of such non-attendance.
4.4 Deduction in
wages may be made only for such time as is actually lost by an employee. Such
deduction shall not be made from the wages of apprentices, except in accordance
with the Indentures of Apprenticeship.
4.5 Subject to
clause 4.6, any employer who, by reason of the failure or shortage of electric
power, is unable to carry on their undertaking during all the working hours of
the day may deduct from the wages of an employee, other than an employee
directed not to attend work, payment for any part of a day in excess of 20
minutes that such an employee cannot be usefully employed.
4.6 Provided that
any employee who is required to attend for work on any day but for whom for the
reasons above mentioned no work is provided, shall be entitled to two hours
pay, and provided further that where any employee commences work they shall be entitled
to be provided with four hours employment or, failing which, be entitled to be
paid as for four hours work.
4.7
4.7.1 The following
provisions shall apply in the case of an employer who is subjected to
restriction or rationing in the use of electric energy and/or coal gas and/or
emergency disconnection thereof in accordance with orders or regulations
approved by the appropriate lawful authority:
(i) If by reason
of such restriction or rationing or emergency disconnection he is unable
usefully to employ an employee 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:
(1) if an 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;
(2) where an
employee commences work they shall be entitled to be paid for four hours work;
(3) this subclause
shall not apply to apprentices.
(ii) The employer
may require any day worker to perform the 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 38 hours per week. The following rates of pay shall apply for such
work:
(1) 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;
(2) for work
performed between noon and midnight on Saturdays, ordinary rates plus 25 per
cent;
(3) for work performed
at all other times other than on a Sunday, ordinary rates plus 10 per cent.
Provided that when a worker is required to commence
work between the hours of 9.30 p.m. and 6.00 a.m., the amount the employee
shall receive shall not be less than an amount of 50 cents more than the amount
the employee would receive if paid at ordinary day rates.
(iii) The employer
may alter the time at which rest periods and meal breaks are usually taken
and/or the duration of meal breaks, in order to avoid or mitigate the effects
of such interference, 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; and provided also that the
employer shall, whenever it is practicable, consult with the representative of
the union or unions before acting under this paragraph.
4.7.2 The provisions
of this clause shall also apply in the case of an employer who uses auxiliary
power plant for the purpose of providing employment for his employees whilst
such restriction or rationing or emergency disconnection is in force and who:
(i) is unable
usefully to employ an employee for the whole of any day or shift by reason of a
breakdown on such plant through no fault of its own; or
(ii) because of
the inability of the auxiliary power plant to meet the normal demands for
power:
(1) finds it
necessary to require any employee to perform the ordinary hours of work (or any
of such ordinary hours of work) outside the hours normally worked by such
employee; or
(2) finds it
necessary to alter the time at which meal breaks are usually taken and/or the
duration of them.
5. Part-Time
Employees
5.1 A part-time
employee is one engaged to work for less than 38 hours but more than 19 hours
per week on a regular basis. Such persons may be employed on the following
bases:
5.1.1 If time
workers, they shall be paid for each hour worked at the rate of at least one
thirty eighth of the weekly award rate prescribed by this award for the class
of work performed by them.
If incentive system workers, they shall be paid at the
appropriate incentive system rate in accordance with clause 18, Incentive
Systems, but in no case shall any part-time workers be paid less than the
weekly award rate for their classification as is proportionate to the time
worked by them.
5.1.2 An employer
shall calculate the payment or deduction of payment in lieu of notice, the
entitlement to annual leave and sick leave on a proportionate basis. The basis
for this calculation shall be the average number of hours worked each week
during the past 12 months, or if there is not a six-month period of employment,
then the average of the actual period of employment.
5.1.3 An employer
will grant a part-time employee the holidays provided in clause 28, Holidays,
where such a holiday falls on a day where the part-time employee would have
worked. An employer shall pay a part-time employee for the number of hours he
or she would normally have worked on that day.
5.1.4 All other
provisions of this award shall apply to a part-time employee.
6. Temporary
Employees
6.1 Temporary
employees may be engaged for specific periods of employment of not less than 3 weeks
and for not more than 15 weeks within a calendar year. Payment of wages shall
be not less than the weekly award rate of the classification the employee is
employed under, provided that the said payment shall be on a proportionate
basis to a full-time employee employed under this award. All other entitlements
of the award shall apply and be on a proportionate basis of the hours worked as
compared to a full-time employee employed under this award.
7. Casual Employees
7.1 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:
7.1.1 a 3-hour
minimum daily engagement period;
7.1.2 a 7.6-hour
minimum engagement in any one week, with the proviso that, in the case of
companies working less than 7.6 hours on any day, the appropriate number of
shorter hours shall be the minimum;
7.1.3 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 State
Secretary of the union;
7.1.4 a 4-week break
in the employment cycle after clause 7.1.3;
7.1.5 a ratio of 1.15
or fraction thereof shall apply; any changes to this ratio may be negotiated
with the union in accordance with clause 11, Enterprise Flexibility, with the
exception that the agreement shall only be required in writing from the State
Secretary of the union.
7.2 A casual
employee 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.
7.3 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.
7.4 The relevant
penalty rate shall apply for work performed on Monday to Friday outside the
normal span of hours as specified in clause 20, Hours of Work, on Saturdays,
Sundays and public holidays.
7.5 Where
retrenchments occur, casual employees engaged in the same
classification/occupation will be the first to be terminated.
7A. Secure Employment
7A.1. Objective of this
Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
7A.2. Casual Conversion
7A.2.1. A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a
calendar period of six months shall thereafter have the right to elect to have
his or her ongoing contract of employment converted to permanent full-time
employment or part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
7A.2.2. Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
7A.2.3. Any
casual employee who has a right to elect under paragraph 10A.2.1, upon
receiving notice under paragraph 10A.2.2 or after the expiry of the time for
giving such notice, may give four weeks’ notice in writing to the employer that
he or she seeks to elect to convert his or her ongoing contract of employment
to full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
7A.2.4. Any
casual employee who does not, within four weeks of receiving written notice
from the employer, elect to convert his or her ongoing contract of employment
to full-time employment or part-time employment will be deemed to have elected
against any such conversion.
7A.2.5. Once
a casual employee has elected to become and been converted to a full-time
employee or a part-time employee, the employee may only revert to casual
employment by written agreement with the employer.
7A.2.6. If a
casual employee has elected to have his or her contract of employment converted
to full-time or part-time employment in accordance with paragraph 7A.2.3, the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 7A.2.3, discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
7A.2.7. Following
an agreement being reached pursuant to paragraph 7A.2.6, the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
7A.2.8. An
employee must not be engaged and re-engaged, dismissed or replaced in order to
avoid any obligation under this subclause.
7A.3. Occupational
Health and Safety
7A.3.1. For
the purposes of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
7A.3.2. Any
employer which engages a labour hire business and/or a contract business to
perform work wholly or partially on the employer’s premises shall do the following
(either directly, or through the agency of the labour hire or contract
business):
(a) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
7A.3.3. Nothing
in this subclause 7A.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
7A.4. Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or implementation
of this clause, the matter shall be dealt with pursuant to the disputes
settlement procedure of this award.
7A.5. This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
8. Rates of Pay
8.1 Adult rates of
pay shall be as set out in Table 1, Wages, Part B, Monetary Rates.
8.2 The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset
against:
(i) any equivalent
overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net adjustments and minimum rates
adjustments.
9. Skill Levels
9.1 Trainee
Employees at this level:
Shall be new entrants into the industry.
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 (Explanation of Terms (9)) required to be classified at Skill Level
1.
Shall work under the following conditions:
Totally defined procedures and methods
Constant direct supervision
Constant direct training
Progressive assessment and feedback
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, including:
The knowledge and skills (Explanation of Terms (8))
required to apply relevant Occupational Health and Safety practices and
procedures.
The knowledge and skills required to apply specified
quality control (Explanation of Terms (20)) 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 skills required to apply minor
equipment/machine maintenance (Explanation of Terms (17)) relevant to the
equipment involved in the performance of their own work.
9.2 Skill level 1
-
Employees at this level:
1. Shall work to
defined procedures/methods (Explanation of Terms (14)) either individually or
in a team environment; and
2. shall
exercise skills to perform basic tasks (Explanation of Terms (1)); and,
3. shall be
aware of and apply basic quality control skills in the receipt and completion
of their own work to the specified quality standards (Explanation of Terms
(23)).
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
4. May be
required to exercise the skill necessary to assist in providing basic on the
job instruction (Explanation of Terms (18)) by way of demonstration and
explanation.
5. May be
required to record basic information on production and/or quality indicators
(Explanation of Terms (22)) as required.
6. May be
required to work in a team environment (Explanation of Terms (24)).
7. May be
required to apply minor equipment/machine maintenance.
8. May be
required to exercise keypad skills (Explanation of Terms (11)).
9. May be
required to exercise the level of English literacy and numeracy skills to
effectively perform their tasks.
10. May commence
training in additional skills required to advance to a higher skill level.
9.3 Skill level 2
-
Employees at this level exercise the skills required to
be graded at Skill Level 1 and
1. shall work to
defined procedures/methods, either individually or in a team environment; and
2. shall
exercise the skills to perform intermediate tasks (Explanation of Terms (2));
and
3. shall
understand and apply quality control skills in their own work and component
parts (Explanation of Terms (10)) (including understanding of the likely
cause/s of deviations to specified quality standards in their own work).
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
4. May be
required to exercise the skill necessary to assist in providing on the job
instruction to employees in skills required at Skill Level 2 and below by way
of demonstration and explanation.
5. May be
required to record detailed information on production and/or quality indicators
as required.
6. May be
required to exercise team work skills.
7. May be
required to identify and rectify minor equipment/machine faults, and report
problems that cannot be rectified to a mechanic or supervisor.
8. May be
required to use basic computer skills (Explanation of Terms (12)).
9. May commence
training in additional skills required to advance to a higher skill level.
9.4 Skill level 3
-
Employees at this level exercise the skills 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 environment; and
2. shall
exercise skills to:
(a) perform a
complex task/s (Explanation of Terms (3)); or
(b) perform a
series of different operations on a machine/s (Explanation of Terms (4, 5)); or
(c) use a variety
of machine types (Explanation of Terms (6)) three of which require the exercise
of level 2 skills; and
3.
(a) shall be
responsible for quality assurance (Explanation of Terms (19)) in their own work
and assembly of component parts including having an understanding of how this
work relates to subsequent production processes and its contribution to the
final appearance of the shoe.
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
(b) May be required
to investigate causes of quality deviations (Explanation of Terms (21)) to
specified standards and recommend preventative action.
4. May be
required to exercise the skills necessary to assist in providing on the job
instruction to employees in skills required at Skill Level 3 and below by way
of demonstration and explanation.
5. May be
required to record detailed information on, and recommend improvements to,
production and/or quality.
6. May be
required to take a coordinating role (Explanation of Terms (13)) for a group of
workers or in a team environment (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.
7. May be
required to exercise advanced equipment maintenance and problem solving skills
(including identification of major equipment faults).
8. May commence
training in additional skills required to advance to a higher skill level.
9.5 Skill level 4
-
Employees at this level exercise the skills required to
be graded at Skill Level 3 and have a comprehensive knowledge of product
construction.
Employees at this level shall also:
apply skills 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 independently (Explanation of Terms (15)) (including developing and
carrying out of a work plan to specifications); and
2. shall
exercise a range of skills involving planning, investigating and resolution of
problems, and/or training, and/or supervision, and/or specialised technical
tasks; or
shall make a whole shoe (Explanation of Terms (25)) to
specifications, or exercise equivalent skills (Explanation of Terms (7)).
In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
3. May be
required to apply quality control/assurance techniques to their work group or
team.
4. May have
designated responsibility (Explanation of Terms (16)) for the training of other
employees (and if so shall be trained trainers).
5. May be
responsible for quality and production records relating to their own work group
or team.
6. May be
required to take a coordinating role for a group of workers or in a team environment
(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.
7. May be
required to exercise advanced equipment maintenance and problem solving skills
(including identification of major equipment faults and organisation of
performance of necessary repair).
8. May commence
training in additional skills, required to advance to a higher skill level.
9.6. Explanation Of
Terms
1. Basic tasks
Uncomplicated tasks which are easily learned and
involve little decision making whether machine or non-machine.
Basic machine tasks are those where the positioning of
work may be controlled by guide bars and sensor lights or other such guiding
devices or where there is uncomplicated feeding of the material.
2. Intermediate
tasks
Tasks which are more difficult to learn involve more
decision making than Skill Level 1 tasks and which may require material or
component knowledge whether machine or non machine.
Intermediate machine tasks require skill in positioning
feeding and handling of work involving directional changes or critical stopping
points or require feeding and handling skills beyond those of a skill level 1
operator because of material variation.
Intermediate non-machine tasks require skills to
perform a sequence of related tasks.
3. Complex tasks
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.
Complex machine tasks require material manipulation
skills and knowledge beyond those of Skill Level 2 operator or 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 materials.
4. Series of
different operations on a machine/s
Performing a sequence of different operations on a
machine/s to complete the majority of a complex component assembly or complex
upper.
5. Machine
Any piece of equipment, which performs a significant
part of an operation in:
Design/grading of patterns
Cutting
Sewing
Making
Finishing
Packing
Last making
Component manufacture
and which is powered by an external source i.e.
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 operator e.g. scissors, shears, staples,
tagging guns, tape dispensers.
6. Variety of
machines
Three or more different types of machines which are
sufficiently different in their own operation to require the exercise of
different skills (i.e. all flat bed machines are the same machine type for this
purpose and all post machines are the same type for this purpose).
7. Whole upper
machinist or equivalent skills
A machinist who works largely independently in
producing a complex upper from written specifications and patterns. Examples of
"equivalent skills" include:
sample machinist
a fully multi-skilled operator who is required to
perform any of the operations involved in the making of a complex whole upper
or a complex component to specification.
an operator who performs each of the operations
required to complete a complex component assembly or a complex whole upper from
specifications.
8. Skill
The application of a combination of abilities,
knowledge and attributes to competently perform a given activity or activities.
9. Competence
The ability to perform a particular activity or
activities to a prescribed standard (or standards) and under a prescribed set
of circumstances.
10. Component
parts
The parts of the product which the operator receives in
order to perform their job.
11. Key pad skills
Ability to use a small panel of keys, either numerical
or with symbols, to operate equipment.
12. Basic computer
skills
Use of a computer to enter, retrieve and interpret
data.
13. Coordinating
role
A role which involves responsibility for organising and
bringing together the work and resource requirements of a work group or team.
14. Defined
procedures/methods
Specific instructions outlining how an operator is to
do their job.
15. Largely
independently
Where the employee is accountable for own results
including:
carrying out assigned tasks
coordinating processes
setting and working to deadlines
16. Designated
responsibility
Identified by management as a person with a specific
role or responsibility.
17. Minor
equipment/machine maintenance
Includes cleaning and minor adjustments to the
equipment involved. In the case of sewing machines for example, it may include:
changing needles
cleaning
lubrication
tension and stitch adjustment
18. 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.
19. Quality
assurance
The overall system and plans used to provide confidence
that goods and services will satisfy given requirements.
20. Quality
control
The activities used to check that materials and
products meet quality specifications; includes the grading of product into
acceptable and unacceptable categories.
21. Quality
deviations
Departures from a quality standard.
22. Quality
indicators
Information used to determine whether a quality
standard has been met.
23. Specified
quality standards
Detailed standards against which quality is measured.
24. Team
environment
An environment involving work arrangements in which a
group of people work closely, flexibly and in co‑operation with each
other to ensure efficient and effective performance.
25. Shoe
A shoe is to include all forms of foot covering that is
generally made in the footwear industry and shall encompass shoes, boots, and
complex sandals.
10. Leading Hands
10.1 In addition to
the appropriate weekly wage prescribed in Table 1 - Wages, of Part B, Monetary
Rates, for the highest classified employee directly under his or her control
and for whom he or she is responsible, an adult employee employed as a leading
hand (as defined) shall be paid, when in charge of three to ten employees, 11
to 20 employees or 21 or more employees, the further amounts prescribed by
Items 1, 2 and 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
10.2 Such rates to
be payable for all purposes of the award.
10.3 Definition -
"Leading Hand" means an adult employee appointed as such by the
employer and who, working under supervision, gives instructions to and/or is
responsible for work done by other employees.
11. Enterprise
Flexibility
11.1 The parties to
this award are committed to co-operating positively to increase the efficiency,
productivity and international competitiveness of the footwear industry and to
enhance the career opportunities, quality of working life and job security of
workers in the industry.
11.2 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 upon 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.
11.3 In each
workplace in the footwear 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 upon in writing between the employer and State Secretary of the union.
11.4 The basis for
the work of the Consultative Committee shall be to consider matters raised by
consultative committee members which impact on employees and/or which
contribute to the improved operation and efficiency of the enterprise as
outlined in clause 11.1.
11.5 The matters
raised for inclusion in an enterprise y agreement may, amongst other things,
involve:
spread of hours;
shift work;
job redesign and work organisation;
work related child care;
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.
11.6 An enterprise
agreement shall not act to:
reduce the quantum of award rate in accordance with
clauses 8, Rates of Pay, and 12, Rates of Pay - Apprentices and Probationers;
increase the ordinary hours of work in any roster
system beyond an average of 38 hours per week;
reduce the quantum of period of notice in accordance
with clause 4 Contract of Employment;
reduce the quantum of penalty rates in accordance with
clause 24, Overtime;
reduce the quantum of shift penalties in accordance
with clause 26 , Shift Work;
reduce the quantum of annual leave and annual leave
loading in accordance with clause 29, Annual Leave;
reduce the quantum of sick leave entitlement in
accordance with clause 31 , Sick Leave;
reduce the quantum of holidays in accordance with
clause 28 , Holidays;
reduce the quantum of bereavement leave in accordance
with clause 33 Bereavement Leave;
reduce the quantum of unpaid leave in accordance with
clause 34 , Parental Leave;
reduce the quantum of severance pay in accordance with
clause49, Redundancy;
reduce the quantum of superannuation contributions in
accordance with clause50, Superannuation.
12. Rates of Pay -
Apprentices and Probationers
12.1 The minimum
rates of wages to be paid to apprentices, probationers or trainee apprentices
shall be the money equivalent of the undermentioned percentages of the adult
total wage for skill level 3, calculated in total to the nearest 5 cents. Any
fraction of 5 cents in the result not exceeding 2 cents is to be disregarded.
Experience - Percentage of
Skill Level 3
Four-year term with respect only to
indentures executed before 1 January
1982 -
Four-year Term -
1st year's experience -
1st six months
|
47
|
2nd six months
|
55
|
2nd years experience -
1st six months
|
60
|
2nd six months
|
65
|
3rd years experience -
1st six months
|
75
|
2nd six months
|
80
|
4th years experience -
1st six months
|
90
|
2nd six months
|
95
|
Three-year Term -
1st year's experience -
1st six months
|
60
|
2nd six months
|
65
|
2nd years experience -
1st six months
|
75
|
2nd six months
|
80
|
3rd years experience -
1st six months
|
90
|
2nd six months
|
95
|
Provided that any employee under the age of 21 years
having completed his or her term of apprenticeship in accord with clauses 13,
Apprenticeship - Manufacturing, and 14, Apprenticeship - Components, shall be
paid at the rate for the appropriate classifications as set out in clause 8,
Rates of Pay.
"Experience" for the purpose of this clause
means actual experience whether as an apprentice or otherwise in any one or more
of the operations specified in the said clauses 13 and 14 and clause 15, Junior
Workers.
13. Apprenticeship -
Manufacturing
13.1 Trainees -
13.1.1 For the purpose
of this clause trainee apprentices employed under the supervision of the
Apprenticeship Council shall be regarded as apprentices so long as they are
paid wage rates not less than those hereinbefore prescribed.
13.1.2 An employer
shall not employ a trainee apprentice on probation for a period exceeding three
months.
13.2 Indentures and
Probation -
13.2.1 Subject to
clause 13.1 an "apprentice" means any person under the age of 21
years who is bound by an indenture of apprenticeship in the form prescribed in
Schedule C - Form of Indenture of Apprenticeship, or in the form prescribed by
the State Apprenticeship Authority, for any term of not less than three years
nor more than four years.
13.2.2 An employer
before indenturing a minor who has not previously been apprenticed may employ
such minor for a period not exceeding three months on probation, and such
period shall be treated as part of the period of apprenticeship.
13.2.3 Indentures shall
be executed in triplicate. One part thereof shall be deposited by the employer
with the Registrar or Deputy Registrar of the Industrial Relations Commission
within thirty days of the execution thereof. The provisions of this paragraph
shall not apply in any case in which, pursuant to a Regulation referred to in
this award, a copy or copies of an indenture are required to be lodged with
some person or authority appointed by such Regulation.
13.3 Proportion - An
employer shall not employ apprentices in excess of the proportion of one
apprentice to each adult worker or fraction thereof receiving adult rates based
on the average number of such workers employed during six months immediately
preceding.
13.4 Apprenticeship
Trade - The indenture shall contain a covenant on the part of the employer to
pay the apprentice wages and to teach the apprentice at least:
13.4.1 the
operations connected with pattern cutting, pattern grading and finishing of
patterns; or
13.4.2 the
operations of clicking; or
13.4.3 the
operations hereinafter specified under the heading of stuff cutting; or
13.4.4 one
of the two sets of operations hereinafter specified under the heading of
finishing; or
13.4.5 the
operations of pump making; or
13.4.6 one
of the four sets of operations hereinafter specified under the heading of
making welts; or
13.4.7 one
of the four sets of operations hereinafter specified under the heading of
making of machine sewn, cement process, basket shoes and veldtschoens; or
13.4.8 one
of the two sets of operations hereinafter specified under the heading making
heavy work; or
13.4.9 one
of the six sets of operations hereinafter specified under the heading manufacturing
slippers; or
13.4.10 the
operations hereinafter specified under the heading slip lasting; or
13.4.11 any
other operations which may be approved by the appropriate State authority.
13.4.12 all
the operations mentioned in this subclause, whether hand or machine, shall be
carried out on the employer's methods.
13.5 Clicking -
Cutting pieces, stays and top bands, cutting linen and leather linings, cutting
patent hide and fabrics, cutting calf, chrome and vegetable tanned leathers,
cutting glace kid and plain cutting, fancy cutting, all classes.
At least 20 per cent of the time employed as a clicker
shall be on hand work in those factories where hand clicking is performed.
13.6 Making Pumps -
First and second lasting and wood heeling or pump sewing.
13.7 Making of Welts
-
13.7.1 Pulling over by
hand or machine, operating pounder and operating a lasting machine other than
an automatic machine.
13.7.2 Operating
rounder and welter and any other two major machines.
13.7.3 Operating
stitcher and rounder and any other two major machines.
13.7.4 Operating welter
and stitcher and any other two major machines.
13.7.5 Major machines
for the purposes of this subclause shall mean and include -
Stitcher, rounder, welter, any lasting machine, pulling
over machine, inseam trimmer, leveller.
13.8 Making Heavy
Work -
13.8.1 Pulling over and
laying stuff by hand or machine and operating any two of the following machines
- heeler, screwer, laster, nailer, slugger or leveller.
13.8.2 Making right
through by hand.
13.9 Making Machine
Sewn, Cement Process, Basket Shoes or Veldtschoens -
13.9.1 Pulling over by
hand or machine, wood heeling and operating any two of the following machines -
a lasting machine, Blake Sewer, roughing machine, cement press, fair stitcher,
heel attaching machine or pounder.
13.9.2 Making right
through by hand.
13.9.3 Basket shoes -
Lacing upper on to last and plaiting on the last, heeling, trimming, ironing
edge and scraping sole.
13.9.4 Veldtschoens -
Pulling over by hand or machine and operating any three of the following
machines - stitcher, upper stapler, tacker, trimmer and leveller.
13.10 Finishing -
Colouring heels and edges, brushing, padding, sand papering and breasting and
operating edge trimmer, heel trimmer, scourer and edge setter.
13.11 Stuffcutting -
Ranging, cutting soles, insoles, slips, stiffeners, toes, lifts and top pieces,
rounding, channelling, moulding, heel building, slugging and skiving.
13.12 Slip Lasting -
The whole of the operations of slip lasting and one of the two sets of
operations specified under the heading of finishing.
13.13 Manufacturing of
Slippers -
13.13.1 Cutting
all classes of bottom stuff, and filling, preparing, ranging, heel building,
channelling and splitting.
13.13.2 Clicking
by hand or machine - leather and fabrics. At least twenty per cent of the time
employed as a clicker must be on hand work in factories where hand clicking is
performed.
13.13.3 Clicking
by hand or machine - leather and fabrics, turning, blocking, ironing and
heeling. At least twenty per cent of the time employed as a clicker must be on
hand work in factories where hand clicking is performed.
13.13.4 Operating
slipper turn sewing machine, or Blake or other sole attaching machine, turning,
blocking, slugging, loose nailing and ironing.
13.13.5 First
and second lasting, heeling and ironing.
13.13.6 Finishing,
colouring edges and bottoms, edge and heel trimming, edge setting, scouring and
sand papering machine.
13.14 Day Time
Training - All apprentices shall be allowed time off during working hours so
that they shall attend available classes. In order to be entitled to payment
for such time, the apprentice shall produce a card showing his attendance at
school for the period.
13.15 Computing
Service - In computing any six months of service, the apprentice shall be
allowed any overtime worked as a credit against any time lost during that six
months.
14. Apprenticeship -
Components
14.1 An apprentice
means any person under 21 years of age who is under an agreement containing a
covenant on the part of the employer to pay wages not less than provided herein
and to teach at least, if apprenticed to the wood heel section, the turning
lathe and two other machines, or the concaving machine and two other machines,
and if apprenticed to the shank, counter and puff making, the operations of
stuffcutting, skiving and moulding, and if apprenticed to the wood last section
a covenant to teach him at least two of the four functions or processes set out
in clause 14.2 and two of the seven operations set out in clause 14.3 of the
following schedule of subjects for instruction of apprentices to the last
making section.
14.2 Schedule of
Subjects for Instruction in Last Making -
1. Turning.
2. Toe
finishing.
3. Trimming.
4. Bank sawing.
14.3
1. Grading.
2. Boring.
3. Marking and
sawing toe.
4. Plating.
5. Scouring.
6. Polishing.
7. Graduating.
All the above operations by hand or machine are to be
carried out on the employer's method when not otherwise specified.
14.14 Proportion - The
maximum number of persons including juniors, probationers for apprenticeship,
and apprentices that may be employed in the industry shall not exceed the
proportion of one to each adult employee. Such proportion shall be based on the
average number of adult employees employed for the previous twelve months. In
addition to the foregoing proportion of persons in any factory where not less
than three adult employees, one person under the age of sixteen years may be
employed for a period not exceeding twelve months on the operation of
messenger, sweeping, carrying, sorting or stamping.
14.15 Probationers for
apprenticeship means juniors engaged in the wood heel or last department with
less than three months' experience in the trade.
15. Junior Workers
15.1 An employer
shall not employ unapprenticed juniors except in the following occupations:
15.1.1 Tacking
on insoles.
15.1.2 Putting
on stiffeners or toes.
15.1.3 Putting
in bottom filling and shanks.
15.1.4 Putting
in and slipping lasts.
15.1.5 Last
carrying.
15.1.6 Last
sorting.
15.1.7 Heel
nail feeding.
15.1.8 Inking
edges.
15.1.9 Solutioning
or cementing by hand or machine.
15.1.10 Inking
and colouring (one colour only).
15.1.11 Rubbing
off heels.
15.1.12 Drawing
tacks or nails.
15.1.13 Socking
and sizing.
15.1.14 Tacking
up stuff (including the cutting and preparation of football studs).
15.1.15 Putting
in followers.
15.1.16 Branding
or stamping.
15.1.17 All
operations connected with vulcanising.
15.1.18 Oil
water proofing of heavy work.
15.1.19 All
operations in Upper Closing and Cleaning s
15.1.20 Operations
in componentry.. All operations in the component section of this award.
15.2 Proportion -
Manufacturing
15.2.1 An employer
shall not employ unapprenticed juniors on operations specified in 15.1.1,
15.1.2., 15.1.3, 15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.1.9, 15.1.10,
15.1.11, 15.1.12, 15.1.13, 15.1.14, 15.1.15, 15.1.16, 15.1.17, 15.1.18 nor
15.1.20, in excess of the proportion of one junior to every ten or fraction of
ten adult employees, the proportion to be calculated on the average number of
adult employees employed in these sections during the previous six-month
period.
15.2.2 An employer
shall not employ unapprenticed juniors on operations specified in clause
15.1.19, in excess of the proportion of three juniors to each adult employee,
the proportion to be calculated on the average number of adult employees
employed in these sections during the previous six-month period.
15.3 Wages for
Juniors -
15.3.1 The minimum rate
of wages to be paid to juniors shall be the money equivalent of the
undermentioned percentages of the adult total wage for Skill Level 1,
calculated to the nearest 5 cents, any fraction of 5 cents in the result not
exceeding 2 cents to be disregarded.
Age
|
Percentage Skill
Level 1
|
|
|
Under 16 years
|
44
|
16 years and under 17 years
|
55
|
17 years and under 18 years
|
66
|
18 years and under 19 years
|
77
|
19 years and under 20 years
|
86
|
20 years and under 21 years
|
94
|
15.3.2 Any
unapprenticed junior who has had three years experience in the industry who is
less than twenty-one years of age shall be paid the adult rate for the class of
work upon which he is employed.
15.3.3 Provided further
that no employee shall suffer a reduction in wages as a result of this award.
15.3.4 Any employee
under the age of twenty-one years not being an apprentice or probationer for
apprenticeship who performs any operation outside those defined in this clause
shall be deemed not to be a junior worker and shall be paid the appropriate
rate for the appropriate classification for an adult as defined in the clause
8.
16. State
Apprenticeship Regulations
16.1 See Apprenticeship
and Traineeship Act 2001.
17. Mixed Functions
17.1 An employee
engaged for two hours or more on any one day on duties carrying a higher rate
than his ordinary classification shall be paid the higher rate for the whole of
such day and, if so engaged for less than two hours on one day, he shall be
paid the higher rate for the time so worked.
17.2 The employer
shall keep a record of the times of which an employee is temporarily
transferred to a higher classification than that upon which he is usually
employed.
18. Incentive Systems
- Payment By Results Systems
18.1 Definition
18.1.1 For
the purpose of this clause the expression the Incentive System is defined as
Austral Unit type systems where each operation is given a time standard which
is used to measure the operator’s efficiency as a basis for their bonus.
18.1.2 For
the purposes of this clause, obligations concerning the discussion and/or the
implementation (or proposed implementation) of Austral Unit type and other
types of payment by results systems are located at clause 18.2.
18.2 Implementation
of payments by results system
18.2.1 An
employer must provide the relevant state secretary of the union prior to 7th
September 1998 the details of any payment by results system(s) in operation at
their enterprise(s).
18.2.2 An
employer who introduces or plans to introduce or alters a Payment by Results
system at any stage after 7th September 1998 must provide the relevant state
secretary of the union with the details of any Payment by Results system(s) to
be introduced or altered at their enterprise(s)
18.2.3 The
employer and the relevant secretary of the union shall discuss the Payment By
Results system in operation or proposed operation at the employer’s
enterprise(s) and the union must deal expeditiously with any matters provided
for under this clause. If the relevant state secretary of the union agrees that
the Payment By Results system is not covered by this award, this clause will
not apply to the Payment By Results system in operations at the employer’s
enterprise(s). This agreement must be recorded in writing.
18.3 Commitment to
payment by results
18.3.1 Parties
to this award are committed to the development of a payment by results system
which is comparable with the skill based classification structures as outlined
in clause 8 of this award and which contributes to the efficiency of the enterprise.
18.4 Operation of
payment by results systems
18.4.1 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.
18.5 Payment by results
calculations
18.5.1 Bonuses
should be calculated on a weekly basis.
18.5.2 The
employer must calculate the minute pay rate for each standard time minute by
dividing the total award wage for the appropriate skill level by 2280 wherever
appropriate.
18.5.3 An
employer may depart from clause 18.5.2. only with the consent of the relevant
state secretary of the union, or their nominee.
18.5.4 Where
an employer is currently paying a bonus minute rate higher than the above, the
higher rate will continue to be applied and will not be increased until such
time as it reaches the minute pay rate as specified in 18.5.2.
18.5.5 An
employer must calculate the payment by results earnings of an employee in
accordance with 18.5.2 or 18.5.4 of this clause by multiplying the minute pay
rate by the excess of the standard time produced over real time worked under
payment by results.
18.5.6 An
employer must pay the employee their payment by results earnings calculated in
accordance with clause 18.5.2 or 18.5.4 of this clause in addition to the total
award rate appropriate to their skill level.
18.5.7 Where
an employee earns payment by results earnings for work performed in any week,
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 week.
18.5.8 Where
an employee has worked part of the week on payment by results, they must 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.
18.5.9 Where
an employee working under a payment by results system (as defined) is denied
the opportunity to pursue the bonus because of the unavailability of work for
that employee, waiting time shall be paid to the employee at award rates, for
the period during which the work earnings unavailable . Waiting time shall be
paid only from the time the relevant employee reports the unavailability of
work to their appropriate supervisor.
18.5.10 An
employer subject to the provisions of clause 18.6 of this clause may fix or
alter a time standard in respect of any footwear product or part of a footwear
product or any article or part of an article, provided such time standard is
set consistent with the objective to enable any employee of average capacity
(excluding trainees being new entrants to the footwear industry employed as
trainees for up to three months) in any given period to earn at least ten
percent (10% more than the total award rate for their respective skill level).
18.5.11 Apprentices
/Juniors
An apprentice or a junior employed under clauses 12 and
15 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.
18.6 Time standards
An employer must calculate the time standard allowed
for the performance of work according to the following:
18.6.1 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 union representative(s) the
basis upon which the Payment By Results system is calculated, including
appropriate allowances.
On application by the national secretary or state
secretary of the union, the employer must make available the basis of such a
system.
18.6.2 Once
a time standard has been fixed under this clause, it must not be altered except
where any of the following circumstances occur:-
(i) there is a
change in the manufacturing methods;
(ii) there is a
change in the machines or equipment or materials used;
(iii) to correct an
agreed error in the existing time standard;
(iv) by agreement
between the employer, the payment by results employees, and the union
representative(s).
18.6.3 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.
18.6.4 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).
18.6.5 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. An
example of how the system operates must also be displayed in each work area.
18.6.6 As
far as practicable different grades of work will be equitably divided between
payments by results employees.
18.7 Overtime
The overtime provisions of clause 24 of this award must
be applied to employees working under this clause.
18.8 Training
An employer implementing a payment by results system
pursuant to 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.
19. Payment of Wages
19.1 Wages shall be
paid on Wednesday or Thursday in each week or, if there is an agreement between
the employer and his employees, such agreement to be by a simple majority, on a
Friday. Each employer shall fix a pay day, which once fixed shall not be
altered unless with the consent of the union.
Payment shall be in cash or, where a simple majority of
employees agree, wages may be paid by cheque or electronic funds transfer.
19.2 Not more than
one day's wages shall be kept in hand, excepting that where the banks are
closed, or a holiday as prescribed by this award occurs on the actual pay day
and banking facilities are not available, the working day before shall be
substituted as the pay day.
Provided that payments under any form of incentive
system as prescribed by clause 18, Incentive Systems, may be paid on the pay
day occurring one week after they were earned.
19.3 On termination
of the employment, wages due to an employee shall be paid to him on the day of
such termination, provided that in cases of summary termination such wages may
be forwarded to him by post on the next working day.
19.4 On or prior to
pay day the employer shall state to each employee in writing the amount of
ordinary wage to which he is entitled for that pay week, overtime and
individual items of any deductions for that week and net amount due.
19.5 Employees kept
waiting for their pay after ceasing work at the usual hour shall be paid at
overtime rates for all the time they are kept waiting as aforesaid.
19.6 Where it is
mutually agreed upon between the employer and the employee, payment of annual
leave at annual close down in excess of one week may be paid by cheque,
provided that payment is made not less than four days prior to the time of
taking leave.
19A. Deduction of
Union Membership Fees
19A.1 The employer shall
deduct Union membership fees (not including fines or levies) from the pay of
any employee, provided that:
19A.1.1 the
employee has authorised the employer to make such deductions in accordance with
subclause 19A.2 herein;
19A.1.2 the
Union shall advise the employer of the amount to be deducted for each pay
period applying at the employer's workplace and any changes to that amount;
19A.1.3 deduction
of union membership fees shall only occur in each pay period in which payment
has or is to be made to an employee; and
20A.1.4 there
shall be no requirement to make deductions for casual employees with less than
two months' service (continuous or otherwise).
19A.2 The employee's
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including any variation in that fee effected in
accordance with the Union's rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of the written authorisation.
19A.3 Monies so deducted
from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
19.A.3.1 where
the employer has elected to remit on a weekly or fortnightly basis, the
employer shall be entitled to retain up to five per cent of the monies
deducted; and
19.A.3.2 where
the employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
19A.4 Where an employee
has already authorised the deduction of Union membership fees in writing from
his or her pay prior to this clause taking effect, nothing in this clause shall
be read as requiring the employee to make a fresh authorisation in order for
such deductions to commence or continue.
19A.5 The Union shall
advise the employer of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar
year. Such advice shall be in the form of a schedule of fees to be deducted
specifying either weekly, fortnightly or monthly as the case may be. The Union
shall give the employer a minimum of two months' notice of any such change.
19A.6 An employee may at
any time revoke in writing an authorisation to the employer to make payroll
deductions of Union membership fees.
19A.7 Where an employee
who is a member of the Union and who has authorised the employer to make
payroll deductions of Union membership fees resigns his or her membership of
the Union in accordance with the rules of the Union, the Union shall inform the
employee in writing of the need to revoke the authorisation to the employer in
order for payroll deductions of union membership fees to cease.
20. Hours of Work
20.1 The ordinary
hours of work shall be an average of 38 hours per week, Monday to Friday
inclusive, between the hours of 7.00 a.m. and 7.00 p.m., spread over and up to
four weeks. Provided that this spread of hours may be altered by mutual
agreement between the employer and the union.
20.2 Each employer
may fix starting and finishing times for his own factory, and such starting and
finishing times, when fixed, shall not be altered except on fourteen days
notice to the employees concerned.
21. Implementation of
38-Hour Week
21.1 Ordinary hours
of work shall be an average of 38 per week as provided in clause 20, Hours of
Work.
21.2 The method of
implementation of the 38-hour week may be any of the following:
21.2.1 By employees
working less than eight ordinary hours each day (e.g., 7.6 hours per day).
21.2.2 By employees
working more than eight ordinary hours on four days of the week, and less than
eight ordinary hours on the fifth day of the week (e.g., 8 1/4 hours on 4 days
and 5 hours on the fifth day of the week).
21.2.3 By employees
working a nine-day fortnight (e.g., 8 1/2 hours on 8 days and 8 hours on the
9th day).
21.2.4 By fixing one
day on which employees will be off during a particular work cycle (e.g., the
plant shuts down for a day once each four weeks and 8 hours are worked on the
other 19 weekdays of those four weeks).
21.2.5 By rostering
employees off on various days of the week during particular work cycles so that
each employee has one day off during that cycle (e.g., as in paragraph (4)
above, except that employees take various days off according to a roster so as
to avoid a plant shut down).
21.2.6 Any agreed
variation to the above methods of implementation (e.g., accumulation of the 0.4
hours per day may be allowed for a period of not more than a twenty-week work
cycle when such accumulation may be taken at the one agreed upon time, i.e., 7 days
at one time).
21.3 In each plant,
an assessment shall be made as to which method of implementation best suits the
business and the proposal shall be discussed with the employees concerned.
In the absence of agreement, the procedure for
resolving such a problem is as follows:
21.3.1 Consultation
shall take place within the particular establishment concerned.
21.3.2 If it is unable
to be resolved at establishment level, the matter shall be referred to the
State Secretary of the union concerned or his deputy, at which level a
conference of the parties shall be convened without delay.
21.3.3 If the problem
remains unresolved the matter shall be referred to the Secretary of the union
concerned or his deputy, at which level the matter will be again dealt with
without delay.
21.4 Where by virtue
of the arrangement of the ordinary working hours an employee, in accordance
with clauses 21.2.4 and 21.2.5, is entitled to a day off during the work cycle,
such employee shall be advised by the employer at least four weeks in advance
of the work day he or she is to take off.
Where a system of working is adopted to allow one
rostered day off in each two or four weeks, an employee shall not be entitled
to more than 24 or 12 such rostered days off respectively in any 12-month
period.
21.5
21.5.1 The day
scheduled to be the day off in accordance with clauses 21.2.4 and 21.7.5 may be
worked as an ordinary working day without penalty when substituted by another
day by agreement between the employer and employee concerned or, where a number
of employees are concerned, by agreement between the employer and a majority of
the employees in respect of when a substitute day off is sought.
21.5.2 Notwithstanding
the contents of clause 21.5.1, where an employee is called upon to work on his
rostered day off without another day being substituted the employee shall be
paid in accordance with clauses 27.1.1, 27.1.2 and 27.1.3, Weekend Work.
21.5.3 Where an
employee who is employed under) clause 21.2 is required to work overtime on
their "short day" and is notified the day prior to working such
overtime, the employee will not be entitled to receive meal money unless that
overtime continues for more than two hours past the normal finishing time for
the other four days.
22. Meal Times
22.1 Not less than
thirty minutes nor more than sixty minutes shall be allowed on each working day
for a midday meal.
22.2 An employee
shall not work nor be worked for more than five hours consecutively without a
break for a meal.
However, where an employee works a 6-hour day in
accordance with clause 21.2.2, a 20-minute crib period (10 minutes paid rest
period and 10 minutes unpaid) may be substituted for a meal break.
22.3 An employee
working on production called upon to work during his meal break shall be paid
at the rate of double time for the time so worked and such payment shall be
continued until the employee has been relieved for a meal.
23. Rest Period
23.1 All employees
shall be allowed a morning rest period of ten minutes at a time to be mutually
arranged in each factory.
23.2 Facilities for
making tea and coffee shall be provided by the employer for employees at the
commencement of rest periods and meal breaks.
23.3 Employees
engaged on shift work shall be allowed a rest period of not less than ten
minutes, provided that such period shall not be allowed within one hour of
starting or finishing work, or their meal break.
24. Overtime
24.1 All time worked
by an employee before his or her starting time or after his or her finishing
time on Mondays to Fridays shall be paid for at the rate of time and a half for
the first two hours and double time thereafter.
24.2 In computing
overtime each day's work shall stand alone.
24.3 Junior workers,
probationers and apprentices shall not work overtime without the approval of
the Industrial Relations Commission unless a proportionate number of adult
males or fully experienced females is employed in the respective departments.
24.4 Employees
called to work overtime exceeding 2 hours on Mondays to Fridays, and shift
workers whose normal shift finishes on a Saturday, shall be allowed at least
thirty minutes for a meal and shall, in addition to any overtime payable, be
allowed the amount as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, for such meal.
24.5 Requirement to
work reasonable overtime
24.5.1 Subject to
paragraph 24.5.2 an employer may require an employee to work reasonable
overtime at overtime rates.
24.5.2 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
24.5.3 For the purposes
of paragraph 24.5.2 what is unreasonable or otherwise will be determined having
regard to:
(a) Any risk to
employee health and safety;
(b) The employee’s
personal circumstances including any family and carer responsibilities;
(c) The needs of
the workplace or enterprise;
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her intention
to refuse it; and
(e) Any other
relevant matter.
25.5.4 The
Organisations 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.
24.6 Call Back - An
employee required to work overtime after leaving his employer's business
premises (whether notified before or after leaving the premises) shall be paid
for a minimum of three hours work at the appropriate rate for each time he is
so recalled.
25. Time Off in Lieu
of Overtime
25.1 Notwithstanding
the provisions of clause 24.1, an establishment and/or plant, or section or
sections of a plant, or an individual, where that individual is operating on an
independent basis, may agree to arrangements where overtime which has been
planned may be compensated with time off in lieu of payment for overtime,
subject to the following:
25.1.1 Substitute
time may be banked to a maximum of 38 hours at any time.
25.1.2 It
shall only apply to time worked Monday to Friday.
25.1.3 Overtime
worked will qualify for an equal number of ordinary hours time off, e.g., 4
hours worked equals 4 hours off.
25.1.4 Two
weeks' notice shall be given about the working of overtime.
25.1.5 Overtime
worked on the basis of time off in lieu shall be worked:
(i) a maximum of
4 hours per night;
(ii) a maximum of
3 nights per week; and
(iii) where a short
day is worked, for a period up to 4 hours;
(iv) for a period of
6 weeks.
25.1.6 Time
off accrued when taken is to be paid at the current award rate of pay ruling at
the date of taking that time off.
25.1.7 If
called upon to work at any agreed upon time-off period, the following shall
apply:
(i) The employer
and the employee may agree upon an alternative period of time to be taken off
in substitution.
(ii) If there is
no agreement to an alternative period of time to be taken off in substitution,
then the following shall apply:
(1) Employees
shall be paid at the appropriate overtime rate for that period of the time
accrued worked.
(2) The time
banked will remain unchanged.
25.1.8 Any
untaken time off shall be taken and paid for at a time mutually agreed upon or
at the Christmas annual leave period or upon termination.
25.1.9 Agreement
to work such overtime must be reached by not less than two-thirds of the
affected employees and must be agreed to by the union.
25.1.10 The
union is to be advised and, where practical, consulted in advance of overtime
being worked for time off in lieu.
25.1.11 The
union shall consult and counsel its members in respect of the provisions
contained in this clause.
25.1.12 The
union shall not unreasonably withhold such agreement.
25.2 The provisions
of this clause shall not affect the provisions of clauses 24.4 and 24.5.1.
26. Shift Work
26.1 Notwithstanding
anything contained within this award, employers may maintain, institute or
reinstitute any system of shift work, subject only to the provisions and
limitations set out in this clause.
26.2 Definitions -
For the purposes of this clause:
26.2.1 "Day
Shift" means any shift worked between the hours of 7.00 a.m. and 7.00 p.m.
26.2.2 "Morning
Shift" means any shift commencing on or after 4.00 a.m. but before 7.00
a.m.
26.2.3 "Afternoon
Shift" means any shift finishing after 5.00 p.m. and at or before
midnight.
26.2.4 "Night
Shift" means any shift finishing after midnight and at or before 8.00 a.m.
26.2.5 "Rostered
Shift" means a shift for which the employee concerned has had at least
forty-eight hours notice.
26.2.6 "Short
Shift" shall mean a shift of not less than 20 ordinary working hours per
week, other than day shift work.
26.3 Morning,
Afternoon and Night Shift Allowances -
26.3.1 Subject
to clause 26.3.2, a full-time shift worker whilst on morning, afternoon or
night shift shall be paid an additional amount of 15 per cent of the weekly
award wage for the classification concerned.
26.3.2 An
employee engaged on permanent night shift duties shall be paid an additional
amount of 30 per cent of the weekly award wage for the classification
concerned.
26.3.3 A
full-time shift worker who works on a morning, afternoon or night shift which
does not continue for at least 5 successive afternoons or nights or for at
least the number of ordinary hours prescribed as a week's work shall be paid an
additional amount of 50 per cent of the weekly award wage for the
classification concerned.
26.3.4 Short
shifts of adult employees may be worked on any shift other than the day shift,
by mutual agreement between an employer and his employees and with the consent
of the union. Payment for such work shall be calculated in accordance with this
subclause on a pro rata basis related to the time actually worked as a
proportion of the ordinary weekly hours.
26.4 Hours of Work
and Meal Breaks -
26.4.1 Subject
to clauses 4, Part-time Employees, 20, Hours of Work, 21, Implementation of
38-Hour Week, and clause 26.3.3 the hours of work for shift workers will be 38
per week or an average of 38 per week to be worked between 11.00 p.m. Sundays
and 8.00 a.m. Saturdays, in accordance with the provisions of paragraph 26.4.2.
26.4.2 All
time worked by shift workers between midnight on Sunday and 7.00 a.m. on Monday
shall be paid for at the rate of time and one-half for the first two hours and
double time thereafter.
26.4.3 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.
26.4.4 The
ordinary hours of work shall be worked continuously except for meal breaks
which, at the discretion of the respondent employer, may be either an unpaid
meal break of not less than 30 minutes or a paid crib period of 20 minutes
which shall be counted as time worked. Meal breaks shall be given and taken no
later than five hours after the commencement of the relevant shift.
26.4.5 All
employees shall be allowed a rest period in accordance with clause 23, Rest
Period.
26.5 Junior Workers
- Prohibition on Night Shift - Employees under the age of eighteen years are
prohibited from working on night shift.
26.6 Rosters -
26.6.1 Shift
rosters shall specify the commencing and finishing times of ordinary working
hours of the respective shifts.
26.6.2 An
employee who is required to change from one shift to another without two days'
notice of such change of shifts shall be paid extra as set out in Item 5 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as
compensation, but this shall not apply during any period where power
restrictions are operating.
26.6.3 Rosters
shall be displayed on a notice board easily accessible by the employees
concerned.
26.6.4 No
employee shall exchange his rostered duty with another employee without the
approval of his or her immediate supervisor.
26.6.5 Except
for the regular changeover of shifts, no employee shall be required to change
from one shift to another without a break of at least 10 hours.
26.7 Variation by
Agreement - The method of working shifts and the time of commencing and
finishing shifts once having been determined may be varied by agreement between
the employer and the majority of employees concerned to suit the circumstances
of the establishment or, in the absence of agreement, by seven days notice of
alteration given by the employer to the employees.
26.8 Sundays and
Holidays -
26.8.1 Where
shifts commence between 9.00 p.m. and midnight on a Sunday or holiday, the time
so worked before midnight shall not entitle an employee to the Sunday or
holiday rate, provided that the time worked by an employee on a shift
commencing before midnight on the day preceding a holiday and extending into
the holiday shall be regarded as time worked on such holiday.
26.8.2 Where
shifts fall partly on a holiday, that shift, the major portion of which falls
on the holiday, shall be regarded as the holiday shift.
26.8.3 Where
a shift roster normally involves a night shift which finishes on Saturday
morning, for the week in which Easter occurs a shift may be substituted for the
Saturday morning shift to be worked as a normal shift commencing on the
previous Sunday night and finishing on Monday morning at the ordinary shift
rate.
26.9 Daylight Saving
- Notwithstanding anything contained elsewhere in this award, in any area where
by reason of State legislation summer time is prescribed as being in advance of
the standard time of the State, the length of any shift -
26.9.1 commencing
before the time prescribed by the relevant legislation for the commencement of
a summer time period; and
26.9.2 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 at the beginning of the
shift and the time so recorded at the end thereof, the time of 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.
27. Weekend Work
27.1
27.1.1 All time worked
by an employee on a Saturday shall be paid at the rate of time and a half for
the first two hours and double time thereafter. Provided that, time worked on a
Saturday in alteration or removal of plant or machinery necessary for
resumption of work the next working day, or for the purposes of stocktaking,
shall be paid for at the rate of time and a half.
27.1.2 An employee
called upon to work on a Saturday shall be paid for a minimum of 4 hours work
at the appropriate overtime rates unless the employee elects to work less than
4 hours on each Saturday.
27.1.3 Provided
further, that a meal allowance as set out in Item 4 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, shall be payable only after the work
exceeds beyond the normal time for ceasing work for the midday meal.
27.2
27.2.1 All time worked
on a Sunday shall be paid for at the rate of treble time, payment being made
for a full day, namely, eight hours, whether such full day is worked or not.
Provided that time worked on a Sunday in alteration or removal of plant or
machinery necessary for resumption of work the next working day, or for the
purpose of stocktaking, shall be paid for at the rate of double time.
27.2.2 Provided further,
that a meal allowance as set out in the said Item 4 shall be payable only after
the work exceeds beyond the normal time for ceasing work for the midday meal.
27.3 Meal breaks on
a Sunday shall be counted as time worked.
28. Holidays
28.1 All employees
shall be granted the following 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) New Year's Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday or the August
Bank Holiday, Labor Day, Anzac Day, Queen's Birthday, Christmas Day and Boxing
Day.
Provided that if any other day be by State Act of
Parliament or State Proclamation substituted for any of the said holidays, the
day so substituted shall be observed.
Where any other day is gazetted as a public holiday for
the State, such day shall be a holiday for the purposes of this award.
28.2
28.2.1 When Christmas
Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on
27 December.
28.2.2 When Boxing Day
is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28
December.
28.2.3 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.
28.3 Where public
holidays are declared or prescribed on days other than those set out in clause
28.1 above, those days shall constitute additional holidays for the purpose of
this award.
28.4 Subject to the
provisions contained elsewhere in this clause, all work performed on any of the
above mentioned holidays shall be paid for at the rate of double time and a
half.
28.5 Changing Public
Holidays by Agreement
28.5.1 An employer,
with the agreement of the union which is party to this award, may substitute
another day for any prescribed in this clause.
(i) 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.
(ii) An agreement
pursuant to clause 28.5.1(i) shall be recorded in writing and be available to
every affected employee.
(iii) The union
which is party to this award shall be informed of an agreement pursuant to
clause 28.5.1(i) and may, within seven days refuse to accept it. The union will
not unreasonably refuse to accept the agreement.
(iv) If a union,
pursuant to clause 28.5.1(iv), refuses to accept an agreement, the parties will
seek to resolve their differences to the satisfaction of the employer, the
employees and the union.
(v) If no
resolution is achieved pursuant to clause 28.5.1(iv), the employer may apply to
the Footwear Manufactures (State) Industrial Committee for approval of the
agreement reached with his or her employees. Such an application must be made
in 14 or more days before the prescribed holiday. After giving the employer and
union an opportunity to be heard, the relevant Industrial Committee will
determine the application.
28.6 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.
28.7 Termination
within fourteen days of a holiday
28.7.1 When an
employee’s services are terminated other than for malingering inefficiency,
neglect of duty or misconduct in a period not exceeding two weeks before the
date the factory closes down for the Christmas period, the employee shall
receive payment for the three public holidays, namely Christmas Day, Boxing
Day, and New Year’s Day on the same basis as if he/she was still in the employ
of the employer.
28.7.2 When an employee’s
services are terminated by the employer other than for malingering,
inefficiency , neglect of duty or misconduct in a period not exceeding two
weeks before Good Friday, the employee shall receive payment for Good Friday
and Easter Monday on the same basis as if he were still in the employ of the
employer.
28.8 Full-time
employees working non-standard hours - approved employers only
This subclause applies only to full-time employees
employed by approved employers who do not regularly work a five-day, Monday to
Friday week, as provided for elsewhere in this award.
28.8.1 When a
prescribed holiday falls upon a day when the employee would not be working in
any event the employee shall receive:
(i) 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
(ii) An additional
day's wage.
28.8.2 If an employee
is rostered to work on the public holiday or its substitute day (except
Christmas Day), the employee is entitled to:
(i) 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.
(ii) 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 clause 28.8.1).
(iii) 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.
28.8.3 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:
(i) 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
(ii) 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.
28.8.4 Christmas Day
Loading
If the employee 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.
28.9 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.
28.9.1 For part-time
employees 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:
(i) The employee
shall be granted leave with pay on the "actual day" without any
substitution; or
(ii) 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
(iii) 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).
28.9.2 If any of these
benefits applies, the employee who works on the prescribed substitute day
should do so at ordinary time rates.
28.10 Payment for
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 provided
for elsewhere in this award. The employee should receive the ordinary casual
rate plus the applicable penalty. That is, the casual loading of twenty percent
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.
29. Annual Leave
29.1 Period of Leave
- A period of twenty-eight consecutive days' leave shall be allowed annually to
an employee after twelve months' continuous service (less the period of annual
leave).
29.2 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 28, Holidays, and if any such holiday falls within an employee's
period of annual leave and is observed on a day which in the case of that
employee would have been an ordinary working day, there shall be added to the
period of annual leave time equivalent to the ordinary time which the employee
would have worked if such day had not been a holiday. Where a holiday falls as
aforesaid and the employee without written approval by the employer, or without
reasonable cause, fails to attend for work at his ordinary starting time on the
working day immediately following the last day of his annual leave, he shall
not be entitled to be paid for any such holiday.
29.3 Broken Leave -
The annual leave shall be taken in one or two periods. If the annual leave is
given in two periods, then one of those two periods must be of at least 21 consecutive
days.
Provided that if the employer and a simple majority of
the employees agree, then the annual leave entitlement may be given and taken.
29.3.1 in two periods,
neither of which is of at least 21 consecutive days; or
29.3.2 in three
periods.
29.4 Calculations of
Continuous Service - For the purposes of this clause, service shall be deemed
to be continuous, notwithstanding:
29.4.1 any interruption
or determination of the employment by the employer if such interruption or
determination has been made merely with the intention of avoiding obligations
hereunder in respect of leave of absence;
29.4.2 any absence from
work on account of personal sickness or accident or on account of leave
lawfully granted by the employer;
29.4.3 any absence with
reasonable cause, proof whereof shall be upon the employee; or
29.4.4 breaks arising
from slackness of work.
In cases of personal sickness or accident or absences
with reasonable cause, the employee to become entitled to the benefit of this
subclause shall inform the employer in writing, if practicable, within
twenty-four hours of the commencement of such absence of their inability to
attend for duty and as far as practicable the nature of the illness, injury or
cause and the estimated duration of the absence.
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 or within fourteen days of the termination of 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 the 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 whose
members have participated in such concerted or collective absenteeism a copy of
the notification not later than the day it is posted up in the plant.
A notice to an individual employee may be given by
delivering it to them personally or by posting it to the last recorded address,
in which case it shall be deemed to have reached the employee in due course of
post.
In calculating the period of twelve months continuous
service, the following absences shall be counted as time worked:
Up to 152 ordinary working hours in a twelve-month
period in the case of sickness or accident.
Bereavement Leave.
Jury Service.
Other absences from work shall not count as time worked
in calculating the period of twelve months continuous service.
29.5 Calculation of
Service - Service before the date of this award shall be taken into
consideration for the purpose 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. 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 employer became successor assignee or transmittee, the employee in respect
of the period during which the employee was in the service of the predecessor
shall, for the purpose of this clause, be deemed to be in the service of the
employer.
Annual leave shall be allowed at the rate of
one-twelfth of the employee's ordinary time during the period of continuous
service.
29.6 Leave to be
Taken - The annual leave provided for by this subclause shall be allowed and
shall be taken and, except as provided by clauses 29.11 and 29.12, payment
shall not be made or accepted in lieu of annual leave.
29.7 Time of Taking
Leave - Annual leave shall be given at a time fixed by the employer within a
period not exceeding ten months from the date when the right to annual leave
accrued and after not less than one month's notice to the employee or a lesser
period of notice by mutual agreement.
29.8 Leave Allowed
Before Due Date - An employer may, by notice in writing, allow annual leave to
an employee before the right thereto has accrued due, but where leave is taken
in such case a further period of annual leave shall not commence to accrue
until after the expiration of the twelve months in respect of which annual
leave had been taken before accrued. Where leave has been granted to an
employee pursuant to this subclause before the right thereto has accrued due
and the employee subsequently leaves or is discharged from the service of the
employer before completing the twelve months continuous service in respect of
which leave was granted, and the sum paid by the employer to such employee in
respect of annual leave exceeds the sum which the employer is required to pay
under the provisions of this clause, the employer shall be entitled to deduct
the amount of such excess from any remuneration payable to the employee on the
termination of the employment.
29.9 Payment of
Period of Leave - Each employee before going on leave shall be paid the wages
the employee would have received in respect of the ordinary time the employee
would have worked had they not been on leave during the relevant period.
Subject to clause 29.10 each employee shall have the
amount of wages to be received for annual leave calculated by including the
following, where applicable:
29.9.1 Time Workers -
(i) The rates
prescribed by clauses 8 Rates of Pay, 10, Leading Hands, 12, Rates of Pay -
Apprentices and Probationers, 15, Junior Workers and 43, First-aid Attendants,
for the occupation in which the employee was ordinarily employed immediately
prior to the commencement of their leave or the termination of employment, as
the case may be.
(ii) The rate
prescribed for work in ordinary time by clause 26, Shift Work, according to the
employee's roster or projected roster, including Saturday shifts.
(iii) The rate
payable pursuant to clause 17, Mixed Functions, calculated on a daily basis
which the employee would have received for ordinary time during the relevant
period whether on a shift roster or otherwise.
(iv) Any other rate
(including overaward payments) to which the employee is entitled in accordance
with the contract of employment for ordinary hours of work; provided that this
provision shall not operate so as to include any payment prescribed by clause
24, Overtime.
29.9.2 Incentive
Workers - In the case of an employee employed on incentive work or any other
system of payment by results, whether in accordance with clause 18, Incentive
Systems, or otherwise, the rate which is the weekly average of payments made to
the employee under such scheme for each completed week actually worked by him
during ordinary hours within the last three-month period in respect of which
such payments have been calculated prior to the date which is three weeks
before the date of commencing leave or termination of employment, as the case
may be.
In defining "each completed week actually
worked", weeks with absences (paid or otherwise) shall be disregarded;
however, long service leave calculated in accordance with the above
prescription shall be included.
29.10 Loading on
Annual Leave - During a period of annual leave an employee shall receive a
loading calculated on the rate of wage prescribed by clause 29.10.1, subject to
the following provisions:
The loading shall be as follows:
29.10.1 Time
Workers - An employee who would have worked on day work only had he not been on
leave - a loading of 17½ per cent.
29.10.2 Incentive
Workers - The loading payable to an incentive worker shall be the amount
calculated in clause 29.9.2 or the ordinary earnings (excluding incentive
payments) plus a loading of 17½ per cent, whichever is the greater.
29.10.3 Shift
Workers -
(i) On time work
- a loading of 17½ per cent or the shift loading the employee would have
received had that employee not been on leave, whichever is the greater.
(ii) On any system
of payment by results work - a loading of 17½ per cent calculated on the weekly
average of payments made to the employee under such system for each completed
week actually worked by the employee during ordinary hours within the last
three-month period in respect of which such payments have been calculated prior
to the date which is three weeks before the date of commencing leave or
termination of employment, as the case may be, or the shift loading the
employee would have received had the employee not been on leave, whichever is
the greater.
The loading prescribed clause 29.10.1 shall not apply
to proportionate leave on termination unless, within a period of two weeks
before the factory closes down for the Christmas period, the employee's
employment is terminated by the employer other than for malingering,
inefficiency, neglect of duty or misconduct.
29.11 Proportionate
Leave on Dismissal - An employee who -
29.11.1 after
one month's continuous service in the first qualifying 12-month period with an
employer lawfully leaves the employment of the employer or the employment is terminated
by the employer through no fault of the employee; or
29.11.2 after
twelve months continuous service with an employer, leaves the employment of the
employer or his employment is terminated by the employer for any reason, shall
be paid at the appropriate rate of wage as prescribed by clause 29.9 and 29.10
for one-twelfth of the period of service in respect of which leave has not been
granted under this clause.
Provided that an employee who, after one month's
continuous service in the first qualifying 12-month period with an employer,
leaves their employment unlawfully, or whose employment after one month's
service in the first qualifying 12-month period with an employer is terminated
by the employer through the fault of the employee, shall be entitled to a pro
rata payment of half the amount prescribed in the preceding paragraph.
29.12 Annual Closedown
- Where an employer closes down the plant, or a section or sections thereof,
for the purposes of allowing annual leave to all or the bulk of the employees
in the plant or section or sections concerned, the following provisions shall
apply:
29.12.1 The
employer may, by giving not less than three months' notice of the intention so
to do, 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' leave pursuant to clause 29.1, paid leave on a
proportionate basis at the appropriate rate of wage as prescribed by clause
29.9 and 29.10 for one-twelfth of the period of continuous service.
29.12.2 An
employee who has then qualified for four full weeks' leave pursuant to clause
29.1 and has also completed a further period of continuous service shall be
allowed the leave and shall, subject to clause 29.5f also be paid at the
appropriate rate of wage as prescribed by clauses 29.9 and clauses 29.10 for
one-twelfth of the period of continuous service performed since the close of
the last twelve-month qualifying period.
29.12.3 The
next twelve-month qualifying period for each employee affected by such close-
down shall commence from the day on which the plant or section or sections
concerned is reopened for work. Provided that all time during which an employee
is stood off without pay for the purposes of this subclause shall be deemed to
be time of service in the next twelve-month qualifying period.
29.12.4 If in
the first year of service with an employer an employee is allowed proportionate
annual leave under clause 29.12.1, and subsequently within such year lawfully
leaves the employment or employment is terminated by the employer through no
fault of the employee, the employee shall be entitled to the benefit of clause
29.10 subject to adjustment for any proportionate leave which he may have been
allowed as aforesaid.
29.12.5 Balance
of annual leave can be taken by mutual agreement, but not later than 31 October
of each year.
29.13 Calculation of
Month - For the purpose of this clause, a month shall be reckoned as commencing
with the beginning of the first day of the employment or period 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 of the former month and, if there
be no such day in the subsequent month, shall be reckoned as ending at the end
of such subsequent month.
30. Trade Union
Training Leave
30.1 Subject to
clause 30.2, 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 footwear
industry.
This notice to the respondent employer must include
details of the type, content and duration of the course to be attended.
30.2 Employers may
approve leave in accordance with this clause, subject to the following
limitations:
30.2.1 Where
the employer employs up to and including 49 employees, five union delegates or
elected workplace representatives may be granted five days' leave per annum,
which is available within any twelve-month period.
30.2.2 Where
the employer employs between 50 and 150 employees inclusive, ten union
delegates or elected workplace representatives may be granted five days' leave
per annum, which is available within any twelve-month period.
30.2.3 Where
the employer employs 150 or more employees, fifteen union delegates or elected
workplace representatives may be granted five days' leave per annum, which is
available within any twelve-month period.
30.2.4 Provided
the numbers contained in this clause may be varied by mutual agreement between
the union and an employer.
30.3 The granting of
such leave shall be subject to the employee or the union giving not less than
one calendar month's notice of the intention to attend such courses or such
lesser period as may be agreed upon between the employer, union and employee
concerned.
Provided that the taking of such leave shall be
arranged so as to minimise any adverse effect on the respondent employer's
operations.
30.4 Leave of
absence granted pursuant to this clause shall count as service for all
purposes.
30.5 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 the
leave, such wages to be calculated in accordance with subclause clause 29.1.
30.6 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 upon between the employer, the union and the employee
concerned.
30.7 Should an
employee granted leave pursuant to this clause fail to attend the nominated
course, the respondent employer shall be notified by the union as soon as
practicable, and no payment is to be made by the employer in respect of leave
or the employee concerned pursuant to this clause.
30.8 In the event
that a scheduled rostered day off, resulting from a work arrangement
established in accordance with clause 21, Implementation of 38-Hour Week, falls
within a period of leave approved pursuant to this clause, no alternative shall
be substituted in lieu.
30.9 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.
31. Sick Leave
31.1 An employee who
has been in the service of an employer for four weeks and who is absent from
work on account of personal sickness or accident shall be entitled to leave of
absence without deduction of pay, subject to the following conditions and
limitations:
31.1.1 The
employee shall not be entitled to paid leave of absence for any period in
respect of which the employee is entitled to workers' compensation.
31.1.2 The
employee shall, within twenty-four hours of the commencement of such absence,
inform the employer of the inability to attend for duty and, as far as
practicable, state the nature of the injury or illness and the estimated
duration of absence.
31.1.3 The
employee shall prove to the satisfaction of the employer 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.
31.1.4 The
shall not be entitled in the first year of any period of service (whether in
the employ of one employer or of several) to leave in excess of 38 hours of
working time.
The employee shall not be entitled in the second and
subsequent years, as defined in clause 31.6, of any period of service with an
employer to leave in excess of 60.8 hours of working time.
An employee who commences employment with any employer
shall not be entitled to more than 3.1667 hours sick leave for each of the
first six months of employment, provided that at the completion of the first
six months employment the employee will be entitled to the balance of sick
leave outstanding for that year as defined in clause 31.6.
An employee who commences employment with any employer
on or after 1 July in any year shall be entitled to not more than 3.1667 hours
sick leave for each month of service in that year as defined in clause 31.6
For the purpose of administering this paragraph an
employer may, within one month of this award coming into operation or within
two weeks of the employee's entering into employment, require an employee to
make a sworn declaration or other written statement as to what paid leave of
absence the employee has had from any employer during the then current year;
and upon such statement the employer shall be entitled to rely and act.
31.2 Single Day
Absences -
31.2.1 In
the case of an employee who claims to be allowed paid sick leave in accordance
with this clause for an absence of one day only, such employee, if in the year
has already been allowed paid sick leave on two separate occasions for one day
only, shall not be entitled to payment for the day claimed unless the employee
produces to the employer a medical certificate as evidence that the employee
was unable to attend duty on account of personal illness or on account of
injury by accident. However, in lieu thereof, an employer shall agree to accept
from the employee a Statutory Declaration stating that the employee was unable
to attend for duty on account of personal illness or on account of injury by
accident.
31.2.2 If
in any year, as defined in clause 31.6, an employee has accumulated an
entitlement of 159.6 hours, the employee shall be allowed in that year four
single days absences without the provision of a medical certificate.
31.2.3 Nothing
in this subclause shall limit the employer's rights under clause 31.1.3.
31.3 Cumulative Sick
Leave - Sick leave shall accumulate from year to year so that any balance of
the period specified in clause 31.1 which has in any year not been allowed to
an employee by an employer as paid sick leave may be claimed by the employee
and, subject to the conditions hereinbefore prescribed, shall be allowed by
that employer in a subsequent year without diminution of the sick leave
prescribed in respect of that year. Provided that sick leave which accumulates
pursuant to this subclause shall be available to the employee for a period of
twelve years but for no longer than from the end of the year in which it
accrues.
31.3.1 An
employer shall not avoid their obligations to pay sick leave by terminating an
employee's employment whilst on paid sick leave if the termination has been
made by the employer with the intention of avoiding any obligation imposed on
him pursuant to this clause.
31.4 Re-engagement -
Where an employee's services are terminated through slackness of trade and the
employee is re-engaged by the same employer within a period of six months, any
accrued sick leave standing to the credit of such employee at the date of
termination shall be re-credited from the date of re-engagement.
Service immediately prior to the date of such
termination shall be counted as service for sick leave purposes.
31.5 Attendance at
Hospitals, etc. -. An employee suffering injury through an accident arising out
of and in the course of employment (not being an injury in respect of which he
is entitled to workers' compensation) necessitating attendance during working
hours on a doctor, chemist or trained nurse or at a hospital, shall not suffer
any deduction from the employees pay for the time so occupied on the day of the
accident and shall be reimbursed by the employer all expenses reasonably
incurred in connection with such attendance.
31.6 Year - For the
purpose of this clause, a year shall be deemed to be from 1 January to 31
December, inclusive.
32. Personal/Carer's
Leave
32.1 Use of Sick
Leave
32.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in 32.1.3(ii) who needs the employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, provided for at clause 31, Sick
Leave of the award, for absences to provide care and support for such persons
when they are ill, or who require care due to an unexpected emergency. Such
leave may be taken for part of a single day.
32.1.2 The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
32.1.3 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:
(1) a spouse of
the employee; or
(2) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(3) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
32.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 3, Dispute Settlement Procedure, should be
followed.
32.2 Unpaid Leave
for Family Purpose
32.2.1 An
employee may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a class of person set out in
32.1.3(ii) above who is ill or who requires care due to an unexpected
emergency.
32.3 Annual Leave
32.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
32.3.2 Access to annual
leave, as prescribed in clause 32.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
32.3.3 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.
32.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
32.4 Time Off in
Lieu of Payment for Overtime
32.4.1 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.
32.4.2 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.
32.4.3 If, having
elected to take time as leave in accordance with clause 32.4.1, 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.
32.4.4 Where no
election is made in accordance with clause 32.4.1, the employee shall be paid
overtime rates in accordance with the award.
32.5 Make-up Time
32.5.1 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.
32.5.2 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.
32.6 Rostered Days
Off
32.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
32.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
32.6.3 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.
32.6.4 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.
32.7 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 32.1.2 and 32.1.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 32.1.3(ii) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
33. Bereavement Leave
33.1 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 clause 33.3.
33.2 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.
33.3 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 clause
32.1.3(ii), provided that for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
33.4 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.
33.5 Bereavement
leave may be taken in conjunction with other leave available under sub clauses
32.2, 32.3, 32.4, 32.5, and 32.6. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
33.6 Bereavement
entitlements for casual employees
33.6.1 Subject to the
evidentiary and notice requirements in 33.2 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 32.1.3(ii) of clause 32, Personal/Carers'
Leave.
33.6.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
33.6.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
34. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not exceeding
12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
35. Jury Service
35.1 An employee
required to attend for jury service during their ordinary working hours shall
be reimbursed by the employer an amount equal to the difference between the
amount paid in respect of attendance for such jury service and the amount of
wage the employee would have received had they not been on jury service.
35.2 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 the
employer proof of his attendance, the duration of such attendance and the
amount received in respect of such jury service.
36. Blood Donors
36.1 A weekly
employee who is absent during ordinary working hours for the purpose of
donating blood shall not suffer any deduction of pay, up to a maximum of two
hours on each occasion and subject to a maximum of four separate absences, for
the purpose of donating blood each calendar year. Provided that such employee
shall arrange, as far as is practicable, for the absence to be as close as
possible to the beginning or the ending of the employees ordinary working
hours.
36.2 Provided
further the employee shall notify his employer as soon as possible of the time
and date upon which he is requesting to be absent for the purpose of donating
blood.
36.3 Proof of the
attendance of the employee at a recognised place for the purpose of donating
blood, and the duration of such attendance, shall be furnished to the
satisfaction of the employer.
37. Outdoor Work
37.1
37.1.1 Except in the
case of an employer giving work out to another employer, outdoor work shall not
be permitted unless, after consultation with the union, a permit is issued by
the Industrial Registrar.
37.1.2 Such permit
shall be in the form prescribed by Schedule "E"
37.2 Nothing herein
contained shall affect the right of an employer bound by this award to contract
or subcontract with any person who conducts a workshop or factory, with respect
to the performance by the latter of outdoor work provided that such person is a
person or firm or company bound by this award, or a person, firm or company
bound by an agreement with the union, filed in the Industrial Relations
Commission, and in the last case is one to whom a permit as hereinafter
provided, revocable without notice, has been granted by the Industrial
Registrar or Deputy Industrial Registrar. Any person who has entered into such
an agreement shall obtain from the Industrial Registrar or Deputy Industrial
Registrar a permit to accept such contract or subcontract, and the giving of a
contract or subcontract without a permit first being obtained shall be a breach
of this award by the person giving such contract. A workshop or factory for the
purpose of this subclause shall be deemed to mean any place other than a
private dwelling in which four or more persons (including the employer if a
working employer) are employed.
The refusal by the union to make an agreement with an
applicant for the same may be reviewed by the appropriate Industrial Relations
Commission. If the Industrial Relations Commission decides that the refusal to
make the agreement was unwarranted in the circumstances, the union shall
thereupon enter into such agreement.
37.3 The penalty for
breach of the clause or any condition of the permit referred to shall be
$100.00 for each day and each person and each breach concerned.
An employer who employs one or more individual outdoor
workers outside that employer's workshop or factory other than an outdoor
worker who has been issued with a permit shall, in addition to any penalty to
which he may be liable under this award or otherwise, be required to and shall
pay such worker or workers at the rate of treble time, or if engaged under any
payment by results system, a sum to equal treble the time worked rate per hour
prescribed for the classified individual for the time occupied upon such work.
37.4 Refer to Part
VII, Factories and Industries Act 1962.
38. Aged, Slow and
Infirm Workers
38.1 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 38 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.
38.2 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.
39. Time and Wages
Books
39.1 The employer
must keep in each factory, workshop or place where work is being done for him
or her, a time and wages book or sheet or records, which shall have correctly
recorded in ink or by other means except pencil and in the English language the
following particulars:
39.1.1 The initials and
surname and classification of each employee.
39.1.2 The date of
birth and experience and time work rate of pay of junior workers in respect of
new employees at the date of engagement.
39.1.3 The number of
hours of ordinary time worked by each employee each day and each week and the
amount of weekly superannuation contributions paid in accordance with clause
50of this award.
39.1.4 The number of
hours of overtime worked by each employee each day and each week.
39.1.5 The total amount
of wages paid to each employee each week and the amount deducted for taxation
purposes.
39.1.6 The actual name
of the day and date of each day each week and also the name of the day and the
date on which each week ends.
39.1.7 All holiday,
annual leave, long service and sick leave payments.
39.2 Where any
employee is employed under any system of payment by results the employer shall
keep a correct record of the rates and of the class and number of articles on
which work is done by such employee each week.
39.3 An authorised
person or persons making an inspection shall be entitled to take a copy of
entries in time and wages books or record relating to the suspected breach of
this award.
40. Tools
The employer shall provide all necessary tools for use by
the employee and such tools shall remain the property of the employer. An
employee shall replace or pay for tools supplied if lost through his
negligence.
41. Award Posted
41.1 A copy of this
award, together with all variations shall be posted and kept posted by the
employer in each factory or workshop in a prominent place accessible to
employees.
42. Amenities
42.1 Heating and
Cooling - In each factory or workshop the employer shall make provision for
adequate warmth during the winter period and a system for cooling in summer.
Cooling, for the purposes of this subclause, shall be considered adequate if
sufficient air circulating apparatus is used. Further, where extreme conditions
of heat prevail, exhaust fans can be installed.
42.2 Dining
Accommodation - In any factory or workshop where more than five persons are employed
a dining room, properly furnished, shall be provided in a suitable position.
42.3 Rest Room - In
factories where female employees are employed a properly ventilated rest room
shall be provided for the use of such female employees. It shall contain a
suitable couch and seating accommodation and, in addition, a pillow and blanket
shall be provided.
42.4 Lockers and
Change Rooms - In each factory or workshop the employer shall provide at some
reasonably convenient place on his premises a suitable locker for each employee
or hanging facilities which afford reasonable protection for each employee's
clothes and a suitable dressing room for each of the sexes employed by him.
These amenities may be contained in one room for each sex.
42.5 Seats - Where
it is necessary for employees to sit at their work, seats which shall be
reasonably comfortable and, where requested and practicable, with backs shall
be provided by the employer for the employees.
42.6 Wash
Accommodation - The employer shall provide warm water together with proper and
sufficient facilities for all employees.
42.7 Drinking Water
- In each factory or workshop the employer shall at some suitable place or
places on the premises provide refrigerated drinking water for the use of the
employees.
42.8 Protective
Gloves or Cream - Where an employee is handling chemicals, solvents, solutions
or dyes, he shall be supplied with protective gloves or a protective cream.
42.9 Exemption - Any
employer may apply to the Industrial Relations Commission for exemption in
whole or part from the provisions of this clause.
42.10 This clause
shall not affect the operations of any State laws or regulations or be deemed
to be inconsistent with any such laws or regulations.
43. First-Aid
Attendants
43.1 Each employer
shall employ, where possible, an employee, preferably one who holds a
Certificate of the St. John Ambulance Brigade or similar organisation, in
charge of first-aid. Such employee shall be paid the minimum allowances as set
out in Items 6 of Table 2, Other Rates and Allowances, of Part B, Monetary
Rates.
44. First-Aid Outfit
44.1 The employer
shall provide and continuously maintain an efficient first-aid outfit in each
factory controlled by him.
44.2 An efficient
first-aid outfit shall be as prescribed by the laws and regulations of the
State but, where there is no legislation on the subject, the first-aid outfit
shall contain the following equipment:
Quantities to be kept in Ambulance Chest
Article
|
Factories and
workshops in which more
|
Factories and
workshops in
|
|
than 30 persons are
Employed
|
which not more than
30 persons
|
|
|
are employed
|
Antiseptic Solution
|
1 bottle
|
2 bottles
|
Bandages, Cotton and
|
½ doz. ass. Sizes
|
1 doz. ass. sizes
|
Gauze
|
|
|
|
|
|
Iodine, Tincture of
|
1 oz.
|
2 ozs.
|
Castor Oil
|
1 oz.
|
2 ozs.
|
Manual, First-aid
|
One
|
One
|
Petroleum, carbolised
|
1 jar
|
1 jar
|
Picric acid solution,
|
|
|
made according to the
|
|
|
following recipe or
|
|
|
prescription: 1½
|
|
|
teaspoons of powdered
|
|
|
picric acid3 oz. absolute
|
|
|
alcohol2 pints distilled
|
|
|
water
|
|
|
Acri flavine
|
1 bottle
|
2 bottles
|
Pins, safety
|
1 packet
|
2 packets
|
Sal Volatile
|
1 oz.
|
6 oz.
|
Scissors
|
1 pair
|
1 pair
|
Tourniquet
|
One
|
One
|
Cotton, absorbent
)
|
|
|
gauze, sterilised, and )
|
An adequate
|
An adequate
|
plain plaster, ..........)
|
assortment
|
assortment
|
adhesive .................)
|
|
|
45. Factories
Regulations
45.1 The operation
of any laws and regulations in force in the State of New South Wales relating
to factories and workshops in respect of safety, sanitation, factory
cleanliness and light shall not, insofar as they are not inconsistent with this
award, be affected by this award.
46. Right of Entry
46.1 Any person or
persons duly authorised by the Industrial Registrar or Deputy Industrial
Registrar in writing (such authorisation shall be terminable at the will of the
Industrial Registrar or Deputy Industrial Registrar) shall be allowed to enter
the factory or workshop during working hours. The employer shall in person, or
by representatives on their behalf, be entitled to accompany the authorised
person or persons during an inspection. Access shall be granted to the wages
book or time sheets or records covering all employees, including outdoor
workers, in the employ of that employer. The employers shall be advised on all
occasions when entry is sought - except when not required by law to do so.
46.2 Wages books or
time sheets or records, or a true copy thereof, must be kept on the premises at
which employees are working and be made available for inspection on demand. Any
failure on the part of an employer in this respect shall constitute a breach of
the award.
46.3 Authorised
person or persons shall not be denied entry to an establishment on the basis
that the employer or nominated official is not available to grant access at the
time entry is sought.
46.4 The work and
duties of all employees in the establishment and business of the employer shall
be interfered with as little as possible by the authorised person or persons.
46.5 An employer
shall permit any person authorised by the Registrar or Deputy Registrar in
writing to enter from time to time one or several factories or workshops of
that employer during the midday meal and/or rest periods to hold discussions
with employees (and others as may be required) and/or conduct legitimate union business;
and once during each month at a time most convenient to an employer during
working hours , for the purpose of collecting members’ contributions.
46.6 An employer
shall permit any person authorised by the Registrar or Deputy Registrar in
writing to enter from time to time one or several factories or workshops of
that employer any time during working hours to inspect time, wage and other
records kept by the employer.
46.7 Such authorised
person shall inform the person-in-charge (a person shall be in charge) of their
arrival before entering the workshop or factory. Such official shall have
reasonable ingress into the factory and access to the employees. If an official
so authorised makes themselves objectionable during any such visit to the
employer (or their representative) or to any employee, their authorisation may
be terminated by the Registrar or Deputy Registrar on an application by the
employer.
46.8 Where any
employer or their representative fails to comply with the requirements of this
clause, the failure shall constitute a breach of this award.
46.9 Where any union
official behaves in an objectionable manner such conduct shall constitute a
breach of this award.
47. Shop Presidents
47.1 An employer
shall allow a shop president appointed by employees in each workshop the
necessary time during working hours to interview their representatives on
matters affecting the employees whom the shop president represents.
48. Introduction of
Change
48.1 Employer's Duty
to Notify -
48.1.1 Where an employer
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by the proposed changes and their union or unions.
48.1.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work locations and the
restructuring of jobs. Provided that where the award makes provisions for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effects.
48.2 Employer's Duty
to Discuss Change -
48.2.1 The employer
shall discuss with the employees affected and their union or unions, inter
alia, the introduction of the changes referred to in subclause (a) 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.
48.2.2 The discussion
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 (a).
48.2.3 For the purpose
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.
49. Redundancy
49.1 Discussion
Before Termination -
49.1.1 Where an
employer has made a definite decision that he or she 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.
49.1.2 The discussion
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of clause 49.1.1 and shall
cover, inter alia, any reasons for the proposed terminations, measures to avoid
or minimise the terminations and measures to mitigate any adverse effects of
any terminations on the employees concerned.
49.1.3 For the purpose
of the discussion the employer shall, as soon as practicable, provide in
writing to all 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 disclosures of which
would be inimical to their interests.
49.2 Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in clause 49.1.1, the employee shall be entitled to the same
period of notice of transfer as he or she would have been entitled to if his or
her 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 newer ordinary time rate for the number of
weeks of notice still owing.
49.3 Severance Pay -
In addition to the period of notice prescribed for ordinary termination in
clause 4.2, , and, subject to further order of the Commission, an employee
whose employment is terminated for reasons set out clause 49.1.1 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
|
Rate for
calculation of amount of
|
|
service by
employee.
|
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
|
4 weeks' pay
|
5 weeks' pay
|
than 2 years
|
|
|
2 years and more but less
|
7 weeks' pay
|
8.75 weeks' pay
|
than 3 years
|
|
|
3 years and more but less
|
10 weeks' pay
|
12.5 weeks' pay
|
than 4 years
|
|
|
4 years and more but less
|
12 weeks' pay
|
15 weeks' pay
|
than 5 years
|
|
|
5 years and more but less
|
14 weeks' pay
|
17.5 weeks' pay
|
than 6 years
|
|
|
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.
49.4 Employee
Leaving During Notice Period - An employee whose employment is terminated for
reasons set out in clause 49.1.1 may terminate his or her employment during the
period of notice and, if so, shall be entitled to the same benefits and payments
under this clause had he or she 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.
49.5 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.
49.6 Time Off During
Notice Period -
49.6.1 During the
period of notice of termination given by the employee for reasons set out in
clause 49.1.1, 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.
49.6.2 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 the
employee shall not receive payment for the time absent.
For this purpose a statutory declaration will be
sufficient.
49.7 Notification to
C.E.S. - Where a decision has been made to terminate employees in the
circumstances outlined in clause 49.1.1, the employer shall notify the Commonwealth
Employment Service 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.
49.8 Transmission of
Business -
49.8.1 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 the employment of the employee shall be deemed not to have been
broken by reason of such transmission.
(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.
49.8.2 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.
49.9 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 employee of
suitable alternative employment.
49.10 Employees
Exempted - This clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal, including malingering,
inefficiency or neglect of duty, or in the case of apprentices, or employees
engaged for a specific period of time or for a specific task or tasks.
49.11 Employers
Exempted - Subject to further order by the Commission in a particular
redundancy case, this clause shall not apply to employers who employ less than
15 employees.
49.12 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.
50. Superannuation
50.1 Preamble
Superannuation Legislation
50.1.1 Subject of
superannuation is dealt with extensively by legislation including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge
Act 1992, the Superannuation Industry (Supervision) Act 1993 and the
Superannuation (Resolution of Complaints) Act 1993. This legislation, as
varied from time to time, governs the superannuation rights and obligations of
the parties.
50.1.2 Notwithstanding
50.1.1 above, the following provisions must also apply:
50.2 Definitions
50.2.1 "The
Fund" for the purposes of this clause will 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 17 August, 1987, which complies
with the Superannuation Industry (Supervision) Act 1993 as amended from
time to time, and set out in sub-clause .7.2 of this clause.
50.2.2 "Ordinary
Time Earnings" for the purposes of this Clause, all references to
"Ordinary Time Earnings" will 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) payment by
results earnings;
(vi) all non
reimbursable allowances payable under the award.
50.2.3 "The
Table" for the purposes of this clause means the following table:
Financial Year
|
Percentage
|
|
Column A
|
Column B
|
1992-93 (1 July - 31 December)
|
4
|
3
|
1992-93 (1 January - 30 June)
|
5
|
3
|
1993-94
|
5
|
3
|
1994-95
|
5
|
4
|
1995-96
|
6
|
5
|
1996-97
|
6
|
6
|
1997-98
|
6
|
6
|
1998-99
|
7
|
7
|
1999-2000
|
7
|
7
|
2000-01
|
8
|
8
|
2001-02
|
8
|
8
|
2002-03 and subsequent years
|
9
|
9
|
(i) Column A in
the Table above specifies the charge percentages where the employer's national
payroll for the base year (the 1991-92 financial year) exceeded $1,000,000.
(ii) Column B in
the Table above specifies the charge percentages where the employer's national
payroll for the base year (the 1991-92 financial year) did not exceed
$1,000,000.
(iii) Subject to
amendments to the charge percentages prescribed in the Superannuation
Guarantee (Administration) Act 1991 (SGA Act), the above Table is deemed to
be changed to reflect amendments.
50.2.4 "Red
Circled Employee"
For the purposes of this clause, a Red Circled Employee
is an employee who was:-
(i) in the employ
of an employer at 30 June 1995, and
(ii) whose
ordinary time earnings were less than $380.60 at 30 June 1995 and;
(iii) the
employee's superannuation entitlements prior to 30 June 1995 were greater than
the superannuation percentage requirements under the Superannuation
Guarantee (Administration) Act 1992
A "Red Circled Employee" superannuation
entitlements are detailed at subclause 50.5 of this clause
50.3 Employers to
Become a Party to the Fund:
50.3.1 A 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.
50.3.2 An 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.
50.3.3 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.
50.4 Eligibility of
Employees
50.4.1 Each employee
shall be eligible to join the Fund upon commencement of employment.
50.4.2 Each employee
shall be eligible to receive contributions from the date of eligibility,
notwithstanding the date the membership application prescribed in subclause
.3.3 was forwarded to the Fund.
50.5 Employer
Contributions on Behalf of Each Employee
50.5.1 Notwithstanding
the provisions of sub-clause .5.2 and the legislation referred to therein, a
employer must contribute to the Fund in respect of each employee, irrespective
of the age and/or earnings of the 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.
50.5.2 Red Circled
Employee
A Red Circled Employee must not be disadvantaged in the
provisions of their superannuation entitlements by employers transferring from
the Stage 1 system to the Stage 2 system of calculation of superannuation
obligations outlined below.
(i) For the
purposes of this clause, an employee will be deemed to be a Red Circled
Employee if:-
(1) in the employ
of an employer at 30 June 1995, and
(2) whose ordinary
time earnings were less than $380.60 at 30 June 1995 and;
(3) the employee's
superannuation entitlements prior to 30 June 1995 were greater than the
superannuation percentage requirements under the Superannuation Guarantee
(Administration) Act 1992.
(ii) The system of
calculating a Red Circled Employee's full superannuation entitlements must be
the Stage 1 system outlined in clause .5.2(iii)(1) until such time as these
employee's full superannuation entitlement would be equal to or greater under
the Stage 2 system clause outlined in clause .5.2(iii)(2).
(iii)
(1) The Stage 1
system of calculating an employer's full superannuation obligations for an
employee is by:-
(A) The provision
of superannuation contributions as follows:
Full time Adult
|
$13.90 per week
|
Juniors and Apprentices
|
$8.80 per week
|
Part time and Casual:-
|
|
working up to 30 hours per week
|
$8.80 per week
|
working 30 hours or more per week, and
|
$11.80 per week
|
(B)
(I) 1.342
percentage of Ordinary Time Earnings as defined in sub clause 55.2 of this
clause if the employer's payroll was in excess of $1,000,000 as at 1 July 1992,
or
(II) 0.342
percentage of Ordinary Time Earnings as defined in sub clause 55.2 of this
clause if the employers payroll was less than $1,000,000 as at 1 July 1992.
(2) Subject to the
provisions of clause .5.2(ii) the Stage 2 method of calculating an employer's
full superannuation obligations for an employee is by applying the relevant percentage
as outlined in the Table located at clause 2 of this clause to the employee's
Ordinary Time Earnings.
Failure to comply with this sub clause shall constitute
a distinct and separate breach of this sub clause.
50.5.3 Such
contributions 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 be
disregarded.
50.5.4 The Fund and the
amount of contributions paid in accordance with this sub-clause and
-clause .6 shall be included in pay
advice notices provided by employers to each employee.
50.5.5 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 Workers Compensation
Payment to a maximum of 39 weeks.
50.5.6 Unpaid Absences
Except as where specified in the rule of the Fund,
contributions by 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.
50.5.7 Cessation of
Contributions
A employer's obligation to make contributions on behalf
of the employee ceases on the last day of employment of the employee with the
employer.
50.6 Employee Contributions
50.6.1 An employee may
make contributions to the Fund in addition to those made by the employer under
sub-clause 5 .5.
50.6.2 An employee who
wishes to make additional contributions must authorise the 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.
50.6.3 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.
50.6.4 An employee 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.
50.6.5 Additional
employee contributions to the Fund requested under this sub-clause shall be
expressed in whole dollars.
50.7 Exemptions
50.7.1 A employer may
make application for exemption from clause 5 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) or any decision made
in succession thereto.
50.7.2 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 the date correspondingly set out in the third column hereunder:
(1)
|
(2)
|
(3)
|
Name of Scheme
|
Covered
|
Date of effect of Union agreement
|
Pacific Dunlop Superannuation Fund
|
|
1 October 1987
|
51. Anti-
Discrimination
51.1 It is the
intention of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
51.2 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.
51.3 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.
51.4 Nothing in this
clause is to be taken to affect:
51.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
51.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
51.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
51.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
51.5 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 -
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
51A. Traineeships
As to traineeships for persons covered by this award, see
the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569)
or any successor thereto.
52. Area, Incidence
and Duration
52.1 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Footwear Manufacturing Industry (State) Award
published 22 February 2002 (331 I.G. 606), and all variations thereof.
52.2 The award
published 22 February 2002 took effect from the beginning of the first pay
period to commence on or after 27 July 2001. This award remains in force until
varied or rescinded for the period for which it was made already having
expired.
52.3 The changes
made to the award pursuant to the Award Review pursuant to section 19 (6) of
the Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of the New South
Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 January 2008.
52.4 It shall apply
to all persons engaged wholly or partly designing or cutting patterns for
boots, shoes, sandals and slippers from metal or any other material and/or
wholly or partly manufacturing boots, shoes, sandals and slippers of every
description and cutting or preparing half soles, tip fillers or top pieces when
such half soles, tip fillers or top pieces are cut or prepared for repair work,
in the State, excluding the County of Yancowinna, within the jurisdiction of
the Footwear Manufactures (State) Industrial Committee.
52.5 This award
shall not apply to employees on footwear repair work, except where such repair
work involves the repair of a factory fault and such repair is being made in
the factory where the footwear was manufactured, or except where half soles,
tip fillers or top pieces are being cut for repair work than that performed in
the shop or factory where such work is cut.
52.6 This award
shall not apply to employees on bespoke boot making, except where such work is
only incidental to the employer's main business of manufacturing footwear by
machine or mass production methods.
52.7 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 on the basis of race, colour, sex, sexual
preference, age, physical or mental disability, marital status, family
responsibilities, pregnancy, religion, political opinion, national extraction
or social origin.
52.8 In particular,
the parties to this award shall ensure equal remuneration for men and women
doing work of equal or comparable value.
Accordingly, in fulfilling their obligations under the
disputes settlement procedure, the parties to whom this award applies 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:
(1) any different
treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth or State anti discrimination legislation;
(2) 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 - Wages
The following rates of pay are payable from the beginning of
the first pay period to commence on or after 7 September 2007.
Adult Rates of Pay - Clause 8
Classification
Skill Level
|
Minimum Weekly
Award Wage Rate *
|
|
$
|
Trainee
|
531.40
|
1
|
541.10
|
2
|
563.60
|
3
|
584.50
|
4
|
618.20
|
5#
|
659.90
|
* The weekly award wage rate for ordinary hours combines the
base rate, supplementary payment and arbitrated safety net adjustments and
State Wage Case decisions awarded since May 1991 Review of Wage Fixing
Principles.
# Wage Band
Junior Rates of
Pay - Clause 15
|
Percentage of
|
Minimum Weekly
|
|
Skill Level 1
|
Award Rate
|
|
Skill Level 1 =
$541.10
|
$
|
|
%
|
|
Under 16 years of age
|
44%
|
238.10
|
16 years and under 17 years
|
55%
|
297.60
|
17 years and under 18 years
|
66%
|
357.15
|
18 years and under 19 years
|
77%
|
416.65
|
19 years and under 20 years
|
86%
|
465.35
|
20 years and under 21 years
|
94%
|
508.65
|
At 21 years of age
|
Appropriate Adult
Rate
|
|
Apprentice Rates
of Pay - 4 Year Term - Clause 12
Experience
|
% of Skill Level 3
|
Minimum Weekly
|
Four Year Term
|
(Skill Level 3 =
$584.50
|
Award Rate
|
|
|
$
|
1st year
|
|
|
1st six months
|
47%
|
274.70
|
2nd six months
|
55%
|
321.50
|
2nd year
|
|
|
1st six months
|
60%
|
350.70
|
2nd six months
|
65%
|
379.95
|
3rd year
|
|
|
1st six months
|
75%
|
438.40
|
2nd six months
|
80%
|
467.60
|
4th year
|
|
|
1st six months
|
90%
|
526.05
|
2nd six months
|
95%
|
555.30
|
Apprentice Rates
of Pay - 3 Year Term - Clause 12
Experience
|
% of Skill Level 3
|
Minimum Weekly
|
Four Year Term
|
(Skill Level 3 =
$584.50
|
Award Rate
|
|
|
$
|
1st year
|
|
|
1st six months
|
60%
|
350.70
|
2nd six months
|
65%
|
379.95
|
2nd year
|
|
|
1st six months
|
75%
|
438.40
|
2nd six months
|
80%
|
467.60
|
3rd year
|
|
|
1st six months
|
90%
|
526.05
|
2nd six months
|
95%
|
555.30
|
Table 2 - Other
Rates and Allowances
The allowances in this table shall be payable from the
beginning of the first pay period to commence on or after 7 September 2007.
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
10
|
Leading Hands -
|
|
|
|
3 to 10
|
23.15 per week
|
2
|
|
11 to 20
|
35.45 per week
|
3
|
|
21 or more
|
44.55 per week
|
4
|
24.4
|
Meal Allowance
|
9.00
|
5
|
26.6.2
|
Change of shift without 2 days’ notice
|
17.10
|
6
|
43.1
|
First-aid Attendants -
|
|
|
|
1 - 50 employees
|
10.50
|
|
|
51 employees or more
|
13.20
|
APPENDIX A
The following concessions are binding on employers bound by
the above award:
1. Tradesman's Rate
No footwear tradesman shall be downgraded within a period of
12 months prior to taking the long service leave or 12 months prior to payment
for pro rata long service leave upon termination by the employer other than for
serious or wilful misconduct.
This does not prevent mutual agreement being reached between
the employer and the employee to the contrary.
2. Annual Leave -
Time Workers - 17½% Loading on Termination
Notwithstanding the provisions of subclause (j) of clause
29, Annual Leave, a time worker who is in the second or subsequent year of
service shall be paid the annual leave loading of 17½% on the award rate of pay
on termination of employment except:
when the services of an employee are terminated by the
employer for misconduct; or
when an employee unlawfully terminates his employment.
An employee shall be deemed to commence the second year of
service with the employer when the plant is reopened after the annual
closedown, provided that such employee was in that employment before the
closedown.
3. Overaward Payments
Overaward payments (excluding piece work bonus or task rates
or any like system of production incentive or payment by results, attendance
money annual bonus), shall be paid for sick leave, overtime, public holidays,
compassionate leave and jury service.
53. Schedule A -
Consultative Committee
Subject to the provisions of the Industrial Relations Act
1996:
53.1 Composition -
53.1.1 A Consultative
Committee shall include:
(i) at least 50%
union/employee representatives; and
(ii) at least one
senior management representative.
53.1.2 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.
53.1.3 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 they must be a
union/employee representative.
53.1.4 In the
determination of union/employee representatives on the Committee, consideration
shall be given to:
(i) the makeup of
the workforce - in particular the proportion of women, migrants and juniors;
(ii) the size of
the workforce;
(iii) the number of
distinct operations at the workplace;
(iv) shift
arrangements;
(v) the corporate
structure;
(vi) other existing
consultative mechanisms.
53.1.5 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 operations 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.
53.1.6 The Committee,
once established, may invite persons to attend specific meetings.
53.1.7 An official of
the union shall have a right to be present and participate in the deliberations
of the Committee.
53.2 Term of Office
-
53.2.1 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.
53.2.2 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
clause 531.3 of this Schedule.
53.3 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:
53.3.1 To implement the
restructured award in the workplace.
53.3.2 To review the
implications and/or impact on the enterprise of major external influences,
including the Australian Government textile, clothing and footwear industrial
development plan.
53.3.3 To consider the
introduction of new or revised work methods/work arrangements.
53.3.4 To give
consideration to the impact of technological change and other significant
changes in the organisation or workplace, with regard to:
(i) the number of
employees, job specifications and current skill base; and
(ii) the
acquisition of new skills and additional training requirements.
53.3.5 To develop a
framework for skills development and provision of training within their
workplaces, including English language training and the provision of Foundation
Education.
53.3.6 To assess
proposed changes in product or product orientation for possible impacts on work
method/work arrangements, employment and skill requirements.
53.3.7 To give
consideration to equal employment opportunity principles in the context of
award restructuring in the workplace.
53.3.8 To consider the
provision of work-related childcare and, in particular, the Australian
Government Work Based Child Care Program.
53.3.9 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.
53.4 Procedural
Guidelines -
53.4.1 Chairperson - A
Chairperson shall be elected by the Committee from within the Committee and
shall alternate each meeting between management and union/employee
representatives.
53.4.2 Secretary - A
Secretary shall be appointed for the purposes of recording minutes, preparation
and distribution of agenda and other administrative duties. The administrative
requirements of the position shall be provided by the employer. The person
appointed to this position shall not be a member of the Committee.
53.4.3 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.
53.4.4 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.
53.4.5 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.
53.4.6 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.
53.4.7 Future Meetings
- The date of the next meeting of the Committee shall be set at the close of
the previous meeting.
53.4.8 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 upon with a third party.
53.4.9 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.
53.5 Feedback -
53.5.1 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.
53.5.2 Minutes of the
Committee shall be posted on the notice boards after ratification by the
meeting.
53.5.3 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.
53.6 Training - All
members of the Committee shall be entitled to training in meetings 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 union.
53.7 Evaluation - A
review of these procedures shall be conducted at the end of each twelve months
operation.
SCHEDULE B
54. Procedures 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 trade union training course 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 29, 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 the
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 the 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 proposal
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.
(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 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.
SCHEDULE C
55. Form of Indenture
of Apprenticeship
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 ..................... doth 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:
56. Schedule
"D" - Broad Banding Arrangement - Historical information only
No.
|
Classification
|
Wage Band No.
|
|
Pattern Cutting Section -
|
|
1.
|
Pattern cutter
|
6
|
2.
|
Pattern Grader -
|
by hand-
|
5
|
|
|
by machine
|
4B
|
3.
|
Pattern Maker
|
2
|
4.
|
All others
|
2
|
|
Clicking Section -
|
|
5.
|
Clicking, outsides leather
|
4B
|
6.
|
Clicking, outsides other than leather
|
3
|
7.
|
Clicking felt, linings, fabrics, roans, splits
|
3
|
8.
|
All others
|
2
|
|
Stuffcutting Section -
|
|
9.
|
Cutting leather outsoles
|
4B
|
10.
|
Cutting leather insoles and top pieces, channelling,
ranging by hand
|
4B
|
11.
|
Cutting outsoles, insoles and top pieces other than
leather
|
3
|
12.
|
Skiving leather, heel building, heel breasting, lift cutting
|
3
|
13.
|
Bottom unit - scouring attached heel and sole
|
3
|
14.
|
Cutting stiffeners and toes - leather
|
3
|
|
Other than leather
|
2
|
15.
|
Heel breasting - automatic
|
2
|
16.
|
Automatic cutting press
|
2
|
17.
|
Pre-inking - automatic
|
2
|
18.
|
Pre-trimming - automatic
|
2
|
19.
|
Rounder - planet or similar
|
2
|
20.
|
Sole evening and grading
|
2
|
21.
|
Splitting machines
|
2
|
22.
|
Sole roughing - automatic
|
2
|
23.
|
Sole buffing - automatic
|
2
|
24.
|
Automatic feeding device
|
2
|
25.
|
Feeding soles or components into any automatic machine
|
2
|
26.
|
Wurt heel splitting
|
2
|
27.
|
Heel lift stacking
|
2
|
28.
|
Bottom unit - heel attaching
|
2
|
29.
|
Sole length gauging
|
2
|
30.
|
Cementing
|
1A
|
31.
|
All others
|
1A
|
|
Bottom Unit Assembly Section -
|
|
32.
|
Scouring attached heel and sole
|
3
|
33.
|
Skiving (leather)
|
3
|
34.
|
Skiving (other than leather)
|
2
|
35.
|
Pre-trimming - including bevelling unishanks or insoles
|
2
|
36.
|
Pre-inking
|
2
|
37.
|
Splitting
|
2
|
38.
|
Attaching heels to soles
|
2
|
39.
|
Sole length gauging
|
2
|
40.
|
All others
|
1A
|
|
Making Section -
|
|
41.
|
Making right through by hand
|
4B
|
42.
|
Pulling over by hand or machine other than automatic
|
4B
|
43.
|
Lasting; hand or machine other than automatic
|
4B
|
44.
|
First and second lasting of pumps
|
4B
|
45.
|
Sewing and stitching
|
4B
|
46.
|
Operating Goodyear rough rounding machine
|
4B
|
47.
|
Operating upper roughing machine
|
4B
|
48.
|
Inseam trimming
|
4B
|
49.
|
Operating stitch separator
|
4B
|
50.
|
Heeling, hand or machine
|
4B
|
51.
|
Pulling up sides, seats or backs - hand or machine
|
4B
|
52.
|
Operating cement press
|
4B
|
53.
|
Pounding
|
4B
|
54.
|
Lizary, Monash, lacing or plaiting of basket shoes
|
4B
|
55.
|
Blocking, steaming and drying of slippers
|
4A
|
56.
|
Ironing on the last
|
4A
|
57.
|
Pegging, hand or machine
|
4A
|
58.
|
Hungarian nailing by hand or machine, Cutlan nailing,
slugging soles
|
4A
|
59.
|
Sole laying
|
4A
|
60.
|
Operating screwer
|
4A
|
61.
|
Automatic toe and seat lasting all descriptions
|
3
|
62.
|
Pulling and forepart lasting
|
3
|
63.
|
Slugging heels
|
3
|
64.
|
Rivetting, hand or machine
|
3
|
65.
|
Automatic feeding device
|
2
|
66.
|
Cutting straps to length, hand or machine
|
2
|
67.
|
Operating strap or lace cutting machine
|
2
|
68.
|
Levelling, hand or machine
|
2
|
69.
|
Drilling for temporary screw
|
2
|
70.
|
Operating loose nailer, with or without trimming
attachments
|
2
|
71.
|
Feathering, including welt waists
|
2
|
72.
|
Turning (slippers)
|
2
|
73.
|
Laying linings and shanking
|
2
|
74.
|
Pulling on - all classes
|
2
|
75.
|
Opening and closing - channels
|
2
|
76.
|
Operating buzzer
|
2
|
77.
|
Tingling or trimming, hand or machine
|
2
|
78.
|
Putting on heel or toe plates
|
2
|
79.
|
Heel seat beating
|
2
|
80.
|
Operating injection moulding machine
|
2
|
81.
|
Operating vulcanising presses
|
1B
|
82.
|
Sorting lasts
|
1A
|
83.
|
Putting in filling, shanks, stiffeners and toes
|
1A
|
84.
|
Slipping off
|
1A
|
85.
|
Pulling out tacks and nails
|
1A
|
86.
|
Solutioning and cementing, hand or machine
|
1A
|
87.
|
Putting on studs and bars
|
1A
|
88.
|
Toe puff conditioning
|
1A
|
89.
|
Trimming wurt leaf by machine
|
1A
|
90.
|
Cutting thread ends after stitching
|
1A
|
91.
|
All others
|
1A
|
|
Finishing Section -
|
|
92.
|
Finishing right through by hand
|
4B
|
93.
|
Edge trimming
|
4B
|
94.
|
Operating heel trimmer, edge setter or heel scourer
|
4B
|
95.
|
Operating Naumkaeg and/or sandpapering machine
|
3
|
96.
|
Heel breasting
|
3
|
97.
|
All others
|
1A
|
|
Upper Closing and Cleaning Sections -
|
|
98.
|
Multi-purpose Machinist as defined in clause
|
5A,
|
|
Definitions
|
3
|
99.
|
Machinist - where performed on a power machine skiving,
|
2
|
|
eyeletting, hooking, beading, binding, folding, edging,
perforating,
|
|
|
gimping, swain press operation, band knife splitting
|
|
100.
|
All sewing machine operations, except lining machine and
seaming
|
2
|
101.
|
Hot melt toe printing machine operators hand beading or
folding of
|
2
|
|
perimeter edges of the component pieces of the upper
including
|
|
|
straps, but excluding linings, backing pieces and bows
|
|
102.
|
Lining machinists and seamers
|
1B
|
103.
|
Applying toe puffs and toe puff preparations prior to
completion of
|
1A
|
|
machine room operations, but excluding mix melt toe
printing
|
|
|
machine operators
|
|
104.
|
All others, including sorting, inspecting or packing
|
1A
|
Historically for each worker the minimum skill level of the
worker was determined by comparing their wage band with the minimum skill level
table appearing below. For example, a worker in wage band 2 will have a minimum
skill level of skill level 2.
Minimum skill table
Wage band
|
Skill level
|
1A, 1B
|
1
|
2, 3
|
2
|
4A, 4B
|
3
|
5
|
4
|
57. Schedule
"E" - Outdoor Work Agreements
Industrial Relations Act 1996
Before the Footwear Manufacturers (State) Industrial
Committee
(IRC No._____________ )
In the matter of -
The Transport Workers’ Union of New South Wales Claimant
and
______________________________________________________ Employer
Approval for Outdoor Work
Whereas ..................................... of
...................................................................
an employer bound by the abovementioned award has applied to
me for permission to employ outdoor employees and I
............................................................of ................................................................
Industrial Registrar or Deputy Industrial Registrar under
the Industrial Relations Act 1996 having considered the application
lodged by the said
...............................
do hereby issue this permit to the said ............................... permitting
it to employ as an outdoor employee the person whose name is set out hereunder,
subject to the following terms and conditions:
This permit shall apply to the following employee, namely
.................. who shall not permit work given under this permit to be
performed by any other person.
The said employee is unable to work in the employer's
factory by reason of
........................................................
The employee to whom this permit applies shall be employed
by the employer only upon the work of and shall be supplied with materials sufficient
for approximately 38 hours of work in each pay week.
The said employee shall be paid not less than rates
proportionate to the time work rates prescribed in the award for the class of
work performed.
The said employee shall be entitled to the holidays
prescribed by clause 28 Holidays, and to be paid therefor at a rate equivalent
to the average amount earned per ordinary working day by the employee concerned
during the week in which the holiday or holidays occur, with a maximum payment
for any one holiday equivalent to one-fifth of the ordinary-time work rate
prescribed in the award for the class of work performed.
Upon completion of twelve months continuous service as an
outdoor employee for the said employer, the said employee shall be allowed a
period of twenty-eight consecutive days leave annually which shall be paid for
at a rate equivalent to the average amount earned per week by the employee
concerned during the twelve months immediately preceding the date upon which
the leave becomes due. Subject to the foregoing, the provisions of clause 29,
Annual Leave, shall, so far as applicable, apply to the said employee.
The work to be done pursuant to this permit shall not be
performed elsewhere than in the permittee's own dwelling place.
The employer shall keep a record of the work performed by
the said employee and the wages paid, such record to be correctly entered up in
ink not less than once in each week. Where the said record is kept other than
in the time and wages book or record specified in clause 39, Time and Wages
Book, then the said time and wages book or record shall contain an entry
showing the employee's name, address, occupation and the fact that the said
employee is an outdoor worker.
The said record shall be open for inspection by the
Secretary of the union or his nominee as if the said record were a time book
within the meaning of the said clause 38.
This permit shall be revocable on two days' notice by either
the employer or the employee or on behalf of the said branch for causes shown.
This permit shall remain in force until
........................ but the terms thereof may be extended on the
application of the employer.
Dated this ....................... day of .....................19
.................................
Industrial Registrar
Footwear
Manufactures (State) Industrial Committee
Industries and Callings
All persons engaged in wholly or partly designing or cutting
patterns for boots, shoes, sandals or slippers from metal or any other material
and/or wholly or partly manufacturing boots, shoes, sandals and slippers of
every description, and cutting or preparing half soles, tip fillers or top
pieces when such half soles, tip fillers or top pieces are cut or prepared for
repair work in the State, excluding the County of Yancowinna;
Excepting -
Employees engaged in the making of boots to special order
(bespoke bootmaking) and repairers;
Employees engaged in the manufacture of footwear containing
rubber which requires vulcanization;
Employees engaged in the making of articles (other than
patterns) or material used in the manufacture of boots, shoes, sandals or
slippers.
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.