Boiling
Down and By-Products (Cumberland) Consolidated Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1526 of 2007)
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Before Commissioner
Bishop
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4 February 2008
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Meal
Breaks
4. Wages
5. Shift Work
Allowance
6. Proportion
7. Overtime
8. Flexibility
of Work
9. Commitment
to Training and Careers
10. Consultative
Mechanism
11. Sunday and
Holiday Work
12. Holidays
13. Annual
Leave
14. Annual
Leave Loading
15. Long
Service Leave
16. Sick Leave
17. Personal/Carers
Leave
17A. Parental
Leave
18. Bereavement
Leave
19. Terms of
Engagement
20. Payment of
Wages
21. Morning
Break
22. Amenities
23. Dispute
Procedure
24. Transfer of
Employees
25. Special
Clothing, Knives and Accessories
26. Display of
Award
27. Right of
Entry
28. Anti-Discrimination
29. Redundancy
30. Superannuation
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
PART A
1. Definitions
1.1 Afternoon shift
means any shift terminating after 6.00 p.m. and at or before 12.00 midnight.
1.2 Night shift
means any shift finishing after 12.00 midnight.
1.3 Tallowperson
means an employee who is usually engaged in making tallow.
1.4 Rendering plant
operator - An employee who is required to operate all necessary plant
customarily used for the manufacture of tallow and meat meal by the rendering
process.
1.5 Assistant
Rendering Plant Operator - An employee who assists generally in the performance
of the duties of the rendering plant operator.
1.6 Mill Hand - An
employee required to carry out all duties necessary in the milling and bagging
section relating to the production of meat meal including the driving of a
forklift truck when necessary.
2. Hours
The ordinary hours of working shall not exceed forty per
week for a full time employee, and shall be worked as follows:
2.1 Day Workers
Not more than eight hours in any one day Monday to
Friday inclusive, between the hours of 6.00 a.m. and 5.00 p.m.
2.2 Afternoon and
Night Shift Workers
In five shifts of eight hours each, Monday to Friday,
inclusive.
2.3 Tallowperson
In five shifts of not more than eight hours each,
spread over the six days of the week, Monday to Saturday.
3. Meal Breaks
3.1
3.1.1 Day workers shall
have a meal break of not more than one hour nor less than thirty minutes
between 11.30 a.m. and 1.30 p.m.
3.1.2 Shift workers
shall not be compelled to work more than five hours without a break for a crib
of twenty minutes, which shall be allowed without deduction of pay and shall be
taken at a time suitable to the processes on which they are engaged.
3.2 Not more than
five hours shall be worked after the ordinary commencing time without a break
for a meal.
3.3 Any employee
called upon to work for more than two hours after his/her normal ceasing time
shall be allowed at least thirty minutes, but not more than one hour, for a
meal which shall be taken not later than two hours after such normal ceasing
time.
3.4
3.4.1 An employee who
has not been notified on the immediately preceding working day that he/she will
be required to work overtime on any day for more than two hours shall be
provided with a meal by the employer or in lieu thereof shall be paid the sum
at item 1 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of
this Award. An employee who has provided his or herself with a meal after
having been so notified and who then is not required to work after the normal
ceasing time shall be paid the sum at item 1 of Table 2 - Other Rates and
Allowances of Part B - Monetary Rates of this Award.
3.4.2 A meal need not
be provided under this subclause nor need payment be made in lieu thereof if
the employee be permitted to return to his/her home for the meal in question
and he/she can reasonably do so.
3.4.3 Any payment for a
meal under this subclause shall be in addition to any overtime payment under
clause 7 - Overtime, of this award.
4. Wages
4.1 The current
rates of pay for a full time employee under this award can be found in Table 1
- Rates of Pay of Part B - Monetary Rates of this Award.
4.2 Employees
engaged in taking-off and bagging fertiliser other than blood and bone dust,
where the appliances do not permit of the bag being secured in such a way as
will, in the opinion of the Conciliation Committee, prevent the fertiliser
escaping whilst the bag is being filled shall, whilst so employed, be paid an
amount per hour as set out at item 2 of Table 2 - Other Rates and Allowances of
Part B - Monetary Rates of this Award in addition to their ordinary pay. Such rates shall be paid only for hours
actually worked.
4.3 An employee who
has the appropriate certificate and is required by his/her employer to drive a
fork lift, shall be paid an amount as set out at item 3 of Table 2 - Other
Rates and Allowances of Part B - Monetary Rates of this Award per day in
addition to the rates prescribed above.
4.4 Junior Rates:
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Percentage of Mill
Hand Rate %
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At 16 years of age and under
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60
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At 17 years of age
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75
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At 18 years of age
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Adult Rate
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These rates are to be calculated to the nearest 10
cents.
4.5 Part-time
Employees:
A part-time employee shall be paid an hourly rate
ascertained by dividing the weekly rate payable under Table 1 by 40.
4.6 Casual
Employees:
The hourly rate for a casual employee shall be
ascertained by dividing the weekly rate payable under Table 1 plus 15 per cent,
by 40.
NOTATION: Casual Employees are entitled to an
additional 1/12th of ordinary pay pursuant to the Annual Holidays Act
1944.
(a) Secure
Employment
(a) 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.
(b) Casual
Conversion
(i) 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.
(ii) 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.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) 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.
(iv) 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.
(v) 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.
(vi) 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 (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) 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.
(vii) Following an
agreement being reached pursuant to paragraph (vi), 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.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) 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.
(2) 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.
(ii) 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):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) 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;
(3) 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
(4) 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.
(iii) Nothing in
this subclause (c) 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.
(d) 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.
(e) 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.
4.7 State Wage Case
Adjustment
The rates of pay in this award include adjustments payable
under the 2005, 2006 and 2007 State Wage Case Decisions. These adjustments may
be offset against:
4.7.1 any equivalent
over award payments, and/or
4.7.2 award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Shift Work
Allowance
Employees employed under subclause 4.1 of clause 4 - Wages,
of this award on afternoon or night shift, in addition to the rates payable
under this award, shall be paid 15 per cent for afternoon shift and 30 per cent
for night shift.
6. Proportion
One junior may be employed to three adult workers. For the
purposes of this clause, a junior employee paid adult rates of pay as
prescribed in Table 1 - Rates of Pay of Part B - Monetary Rates of this Award
shall not be included in the ratio of junior employees to adult employees.
7. Overtime
7.1 All time worked
from Monday to Friday, inclusive, in excess of or outside the hours specified
in clause 2 - Hours, of this award, shall be paid for at the rate of time and
one-half for the first two hours and double time thereafter, calculated on a
daily or shift basis.
7.2 All time worked
on Saturday by employees other than ordinary time worked by tallowpersons and
by shift workers in completing a shift begun on the previous day, shall be paid
for at the rate of time and one-half for the first two hours and double time
thereafter; provided that all time worked after 12.00 noon shall be paid for at
the rate of double time.
7.3 A day worker
called in to work on Saturday shall be paid a minimum of four hours at the
appropriate rate.
7.4 Overtime shall
be calculated on the employee's ordinary rate of pay.
7.5 It shall be a
condition of employment that employees shall work reasonable overtime to meet
the needs of the industry.
8. Flexibility of
Work
Employees are to perform a wider range of duties including
work which is incidental or peripheral to their main tasks or functions.
Employees shall perform such work as is reasonable and
lawfully required of them by the employer including accepting instruction from
authorised personnel.
Employees shall take all reasonable steps to achieve
quality, accuracy and completion of any job or task assigned to the employee.
Employees shall not impose any restrictions or limitations on reasonable review
of work methods or standard work times.
9. Commitment to
Training and Careers
The parties acknowledge that varying degrees of training are
provided to employees, both via internal, on the job and through external
training providers.
The parties commit themselves to continuing such training as
is regarded by them as appropriate and improving training in cases where this
is required. It is agreed that the
parties will co-operate in ensuring that appropriate training is available for
all employees and the parties agree to co-operate in encouraging both employers
and employees to avail themselves of the benefits to both from such training.
The parties agree to continue discussions on issues raised
related to training.
10. Consultative
Mechanism
Each plant or enterprise shall establish a consultative
mechanism and procedures appropriate to its size, structure and needs for
consultation and negotiation on matters affecting its efficiency and
productivity.
11. Sunday and
Holiday Work
11.1 All time worked
by employees on Sundays shall be paid for at the rate of double time except
night shift workers, with regard to hours worked in completing a shift begun on
the previous day when such hours shall be regarded as ordinary time.
11.2 All time worked
by employees on holidays shall be paid for at the rate of double time and
one-half except night shift workers with regard to hours worked in completing a
shift begun on the previous day when such hours shall be regarded as ordinary
time.
11.3 A day worker
called into work on Sunday shall be paid a minimum of four hours at the
appropriate rate.
11.4 Rates in this
clause shall be calculated on the employee's ordinary rate of pay.
12. Holidays
12.1 The days upon
which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day,
Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day are observed,
the picnic day of The Australasian Meat Industry Employees' Union, New South
Wales Branch, and all holidays proclaimed for the State shall be recognised as
holidays.
12.2 A weekly employee
shall be entitled to be paid for holidays under this clause; provided that
he/she shall have worked on the working day immediately preceding and the
working day immediately following the holiday and has not ceased work without
permission before the normal time of ceasing work on either or both of these
days. Where such holidays fall on
consecutive days an employee, who works on either the working day preceding or
the working day succeeding such holiday but not on both, shall be entitled to
payment for the holiday closest to the said day on which he/she worked,
provided he/she has not ceased work without permission, on such said day.
13. Annual Leave
See Annual Holidays Act 1944.
14. Annual Leave
Loading
14.1 In this clause,
the Annual Holidays Act 1944, is referred to as "the Act".
14.2 Before an
employee is given and takes his/her annual holiday, or, where by agreement
between the employer and employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods, the
employer shall pay his/her employee a loading determined in accordance with
this clause. (NOTE: The obligation to pay in advance does not apply where an
employee takes an annual holiday wholly or partly in advance - see subclause
14.6.)
14.3 The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
14.4 The loading is to
be calculated in relation to any period of annual holiday to which the employee
becomes or has become entitled under the Act and this award (but excluding days
added to compensate for public or special holidays worked or public or special
holidays falling on an employee's rostered day off not worked), or, where such
a holiday is given and taken in separate periods, then in relation to each
separate period. (NOTE: See subclause 14.7 as to holidays taken wholly or
partly in advance.)
14.5 The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause 14.2 at the rate per week of 33.33 per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
his/her annual holiday, together with, where applicable, the additional sums
prescribed by subclauses 4.2 and 4.3 of clause 4 - Wages, of this award, but
shall not include any other allowances, penalty rates, shift allowances,
overtime rates or any other payments prescribed by this award.
14.6 No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he/she would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause 14.5 applying the award rate of
wages payable on that day. This subclause applies where an annual holiday has
been taken wholly or partly in advance.
14.7 Where, in
accordance with the Act the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
14.7.1 An employee who is
entitled under the Act to an annual holiday and who is given and takes such a
holiday shall be paid the loading calculated in accordance with subclause 14.5
of this clause;
14.7.2 An employee who is
not entitled under the Act to an annual holiday and who is given and takes
leave without pay shall be paid in addition to the amount payable to him/her
under the Act such proportion of the loading that would have been payable to
him/her under this clause if he/she had become entitled to an annual holiday
prior to the close-down as his/her qualifying period of employment in completed
weeks bears to 52.
14.8
14.8.1 When the
employment of an employee is terminated by his/her employer for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which he/she became
entitled he/she shall be paid a loading calculated in accordance with subclause
14.5 for the period not taken.
14.8.2 Except as provided
by 14.8.1, no loading is payable on the termination of an employee's
employment.
14.9 This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee had not been on holiday; provided
that, if the amount to which the employee would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public or special holiday) which the employee would have
worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
15. Long Service
Leave
See Long Service Leave Act 1955.
16. Sick Leave
An employee who, after not less than three months'
continuous service in his/her current employment with the employer, is unable
to attend for duty during his/her ordinary working hours by reason of personal
illness or personal incapacity (excluding illness or incapacity resulting from
injury within the Workplace Injury Management and Workers' Compensation Act 1998,
received in the said employment (not due to his/her own serious and wilful
misconduct), shall be entitled to be paid for such non-attendance the amount of
his/her ordinary time rate of pay, subject to the following:
16.1 An employee
shall, within twenty-four hours of the commencement of such absence, inform the
employer of the employee’s inability to attend for duty and, as far as
possible, state the nature of the illness or incapacity and the estimated
duration of the absence.
16.2 For the purpose
of ascertaining whether or not an employee is or has been ill and the
particulars thereof (including, where applicable, the estimated duration of
his/her absence) the employer, through any person appointed by it to interview
employees for the purpose stated, which appointment shall be notified to the
union, shall have the right to interview any employee who is or has been absent
from duty. Where a person so appointed is a legally qualified medical
practitioner the right to interview an employee shall include the right to
examine the employee.
16.3 He/She shall
prove to the satisfaction of the employer (or in the event of a dispute the
Industrial Commission) that he/she is or was unable on account of such illness
or incapacity to attend for duty on the day or days for which payment under
this clause is claimed.
16.4 In any period of
employment, his/her entitlement to sick pay shall be in accordance with the
following schedule:
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In respect of:
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Duration
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1st year of service
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8 days
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2nd year of service and thereafter
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10 days
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Any period of paid sick leave allowed by the employer
to the employee in any such year shall be deducted from the period of leave
which may be allowed or carried forward under this award or in respect of such
year.
16.5 The rights under
this clause shall accumulate from year to year so long as his/her employment
continues with the employer, whether under this or any other award, so that any
part of the said leave which has not been allowed in any year, may be claimed
by the employee and shall be allowed by the employer, subject to the conditions
prescribed by this clause, in a subsequent year of such continued employment.
16.6 An employee, who
unreasonably refuses the interview or unreasonably refuses or prevents the
examination specified in 16.2 of this clause, shall not be entitled to payment
for the period during which he/she is absent from duty.
16.7 For the purpose
of this clause, continuous service shall be deemed not to have been broken by:
16.7.1 Any absence from
work on leave granted by the employer;
16.7.2 any absence from
work by reason of personal illness, injury, or other reasonable cause (proof
whereof shall in each case be upon the employee); provided that any time so
lost shall not be taken into account in computing the qualifying period of
three months.
16.8 Service before
the date of coming into force of this clause shall be counted as service for
the purpose of qualifying hereunder.
16.9 Service before
the date of this award shall be counted for the purpose of assessing the annual
sick leave entitlement but shall not be taken into consideration in arriving at
the period of accumulated leave. Accumulated sick leave standing at the credit
of the employee at the commencement of this award shall not be increased or
reduced by this clause.
16.10 This clause does
not apply to casual employees.
17. Personal/Carer's
Leave
17.1 Use of Sick Leave
17.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in
17.1.1.1 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 16, 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.
17.1.2 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person,
In normal circumstances, an employee must not take carer's leave under this
subclause where another person had taken leave to care for the same person.
17.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
17.1.3.1 the
employee being responsible for the care of the person concerned; and
17.1.3.2 the
person concerned being:
17.1.3.2.1 a spouse
of the employee: or
17.1.3.2.2 a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
17.1.3.2.3 a child
or an adult child (including an adopted child, a step child, a foster child or
an ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
17.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
17.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
17.1.3.2.5.1 "relative"
means a person related by blood, marriage or affinity;
17.1.3.2.5.2 "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
17.1.3.2.5.3 "household"
means a family group living in the same domestic dwelling.
17.1.4 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.
17.2 Unpaid Leave for
Family Purpose
17.2.1 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 17.1.3.2 above who
is ill or who requires care due to an unexpected emergency.
17.3 Annual Leave
17.3.1 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.
17.3.2 Access to annual
leave, as prescribed in 17.3.1, shall be exclusive of any shutdown period
provided for elsewhere under this award.
17.3.3 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.
17.3.4 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.
17.4 Time Off in Lieu
of Payment for Overtime
17.4.1 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 twelve (12)
months of the said election.
17.4.2 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.
17.4.3 If, having elected
to take time as leave, in accordance with paragraph 17.4.1 of this subclause,
the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the twelve (12) month period or
on termination.
17.4.4 Where no election
is made in accordance with the said paragraph 17.4.1 the employee shall be paid
overtime rates in accordance with the award.
17.5 Make-Up Time
17.5.1 An employee may
elect, with the consent of their 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.
17.5.2 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.
17.6 Rostered Days Off
17.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
17.6.2 An employee may
elect, with the consent of the employer to take rostered days off in part day
amounts.
17.6.3 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.
17.6.4 This subclause is
subject to the employer informing the Union and which is both party to the
award and 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.
18. Bereavement Leave
18.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause 18.3 of this clause.
18.2 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.
18.3 Bereavement leave
shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph 17.1.3.2.1 of Clause 17 - Personal/Carers Leave, provided that for
the purpose of bereavement leave, the employee need not have been responsible
for the care of the person concerned.
18.4 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.
18.5 Bereavement leave
may be taken in conjunction with other leave available under subclauses 17.2,
17.3, 17.4, 17.5, and 17.6 of said Clause 17. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
19. Terms of
Engagement
19.1 An employee shall
be engaged on a full-time, part-time or casual basis.
19.2 In the case of a
full-time or part-time employee, one week's notice shall be given on either
side or one week's wages shall be paid or forfeited, as the case may be, in lieu
of such notice; provided that the employer shall have the right to deduct
payment for any day during which the employee cannot be usefully employed
because of any strike or through any breakdown in machinery due to any cause
for which the employer cannot reasonably be held responsible.
19.3 Part-Time
Employees:
Part-time employee(s) shall mean an employee who:
19.3.1 works less than an
average of 40 hours per week; and
19.3.2 has reasonably
predictable hours of work; and
19.3.3 receives, on a pro
rata basis, equivalent pay and conditions to those of full-time employees who
do the same kind of work.
19.3.4 by agreement may
work up to an average of 40 hours per week without the payment of overtime.
19.4 Casual Employees:
A casual employee shall mean an employee who is engaged
and paid as such.
19.5 An employer may
direct an employee to carry out such duties as are within the limits of an
employees' skill, competence and training.
20. Payment of Wages
Wages shall be paid weekly, not later than Friday, up to and
including Wednesday each week, in the employer's time.
21. Morning Break
Fifteen minutes shall be allowed as a morning break between
the hours of 9.00 a.m. and 11.00 a.m. and shall be counted as time worked.
22. Amenities
See the Occupational Health and Safety Act 2000, and
any regulations made there under.
23. Dispute Procedure
In the case of a dispute, the following procedure shall
apply:
23.1 The delegate and
co-delegate shall confer with the most immediate line management representative
in an attempt to reach a settlement.
23.2 In the event of
failure to resolve the dispute, the matter must be referred to senior
management. This action will take place within one normal working day from the
time that discussions are concluded, as in subclause 23.1. The parties will then attempt to reach a
settlement.
23.3 In the event of
the failure to resolve the dispute, the delegate and co-delegate, together with
their union organiser, shall confer with senior management as in subclause 23.2
and attempt to reach a settlement.
23.4 In the event of
failure to resolve the dispute, the dispute may be referred to the New South
Wales Industrial Relations Commission for resolution in accordance with the Industrial
Relations Act 1996.
23.5 Provided that,
while the dispute procedure is being observed, no stoppage of work shall occur.
24. Transfer of
Employees
24.1 Should any
employee, engaged at a higher paid class of work, be transferred temporarily to
a lower paid class of work he/she shall continue to receive the higher rate
during such transferred temporary employment.
24.2 An employee who
is required to work carrying a higher rate than his/her ordinary
classification, for two hours or more on any day or shift, shall be paid at the
higher rate for the whole of the day or shift.
24.3 Subject to
subclause 24.2, of this clause, an employee, who on any day or shift is
required to do the work of a higher paid classification for at least one hour,
shall be paid the rate prescribed for such work whilst so engaged.
25. Special Clothing,
Knives and Accessories
25.1 Where the work of
an employee necessarily requires the use of gloves or that he/she should work
under wet conditions or in all weathers the employer shall provide for the use
of every employee whose work shall so require, gloves, waterproof aprons, gum
boots and oilskins.
25.2 Any employee
applying for new gloves, waterproof aprons, gum boots or oilskins, who fails to
return the corresponding articles last issued to him/her, shall not be entitled
to same without payment therefore at a reasonable price.
25.3 Where the
employer does not provide tools of trade to employees whose work necessarily
requires the use of knives, oilstones, steels and pouches the employee shall be
paid an allowance per week as set out in item 4 of Table 2 - Other Rates and
Allowances of Part B - Monetary Rates of this award, or an allowance per week
as set out in item 5 of Table 2 - Other Rates and Allowances of Part B -
Monetary Rates of this award, whichever is the lesser amount. If an employee
fails to return the articles issued to him/her he/she shall not be entitled to
a replacement without the payment therefore at a reasonable price. Upon
termination of employment any employee who fails to return the articles issued
to him/her shall have deducted from any moneys due to him/her the value of the
articles with which he/she was issued and which he/she failed to return.
25.4 Clothing to be
supplied by the employer and the employer to supply a machine for the washing
and drying of the clothes supplied. The clothing shall be washed and dried by
the employees within the employer's time.
26. Display of Award
See section 361 of the New South Wales Industrial
Relations Act 1996.
27. Right of Entry
See section 297 of the New South Wales Industrial
Relations Act 1996.
28.
Anti-Discrimination
28.1 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.
28.2 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 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.
28.3 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.
28.4 Nothing in this
clause is to be taken to affect:
28.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
28.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
28.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
28.4.4 a party of this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
28.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
29. Redundancy
29.1 Application
29.1.1 This clause shall
apply in respect of full-time and part-time persons employed in the
classifications structure specified by clause 4 - Wages.
29.1.2 This clause shall
only apply to employers who employ 15 or more employees immediately prior to
the termination of employment of employees, in the terms of subclause 29.4 of
this clause.
29.1.3 Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year' s continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
29.1.4 Notwithstanding
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
29.2 Introduction of
Change
29.2.1 Employer's duty to
notify
29.2.1.1 Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
29.2.1.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, such alteration shall be
deemed not to have significant effect.
29.2.2 Employer's duty to
discuss change
29.2.2.1 The
employer shall discuss with the employees affected and the union to which they
belong, inter alia, the introduction of the changes referred to in subclause
29.2 of this clause, the effects the changes are likely to have on employees
and measures to avert or mitigate the adverse effects of such changes on
employees, and shall give prompt consideration to matters raised by the
employees and/or the union in relation to the changes.
29.2.2.2 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
29.2 of this clause.
29.2.2.3 For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
29.3 Redundancy -
Discussions Before Terminations
29.3.1 Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing to be done by anyone pursuant to subparagraph 29.2.1.1
of this clause, Introduction of Change, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
29.3.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of paragraph 29.3.1 of this
subclause and shall cover, inter alia, any reasons for the proposed
termination, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
29.3.3 For the purpose of
the discussions the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
29.4 Termination of
Employment
29.4.1 Notice for Changes
in Production, Programme, Organisation or Structure. This subclause sets out the notice provisions to be applied to
terminations by the employer for reasons arising from changes to production,
programme, organisation or structure, in accordance with subparagraph 29.2.1.1
of this clause:
29.4.1.1 In order
to terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
29.4.1.2 In
addition to the notice above, employees over 45 years of age at the time of the
giving of the notice, with not less than two years' continuous service, shall
be entitled to an additional week's notice.
29.4.1.3 Payment
in lieu of the notice above shall be made if the appropriate notice period is
not given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
29.4.2 Notice for
technological change
This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising form
"technology" in accordance with subparagraph 29.2.1.1 of this clause:
29.4.2.1 In order
to terminate the employment of an employee (provided the employee has 12
months' service), the employer shall give to the employee three months' notice
of termination.
29.4.2.2 Payment
in lieu of the notice above shall be made if the appropriate notice period is
not given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
29.4.2.3 The
period of notice required by this subclause to be given shall be deemed to be
service with the employer for the purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944, or any Act amending or replacing
either of these Acts.
29.4.3 Time off during
the notice period
29.4.3.1 During
the period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
29.4.3.2 If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
29.4.4 Employee leaving
during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause as those to which
the employee would have been entitled had the employee remained with the
employer until the expiry of such notice.
Provided that, in such circumstances, the employee shall not be entitled
to payment in lieu of notice.
29.4.5 Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
29.4.6 Notice to
Centrelink
Where a decision has been made to terminate the
employment of employees, the employee shall notify Centrelink thereof as soon
as possible, giving relevant information, including the number and categories
of the employees likely to be affected and the period over which the
terminations are intended to be carried out.
29.4.7 Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
29.4.8 Transfer to lower
paid duties
Where an employee is transferred to lower paid duties
for reasons set out in subparagraph 29.2.1.1 of this clause, the employee shall
be entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee' s employment had been terminated, and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new ordinary-time rates for the number of weeks of notice still owing.
29.5 Severance Pay
29.5.1 Where the
employment of an employee is to be terminated pursuant to subclause (29.1 of
this clause), subject to further order of the Industrial Relations Commission
of New South Wales, the employer shall pay the employee the following severance
pay in respect of a continuous period of service:
29.5.1.1 If an
employee is under 45 years of age, the employer shall pay in accordance with
the following scale:
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less
than 3 years
|
7 weeks
|
|
3 years and less
than 4 years
|
10 weeks
|
|
4 years and less
than 5 years
|
12 weeks
|
|
5 years and less
than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
29.5.1.2 Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
29.5.1.3 "Week's
Pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
Table 1 - Rates of Pay, of Part B, Monetary Rates, and Table 2 - Other Rates
and Allowances, of the said Part B.
29.5.2 Incapacity to pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph 29.5.1 of this clause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant, and
the probable effect paying the amount of severance pay in the said paragraph
29.5.1 of this clause will have on the employer.
29.5.3 Alternative
employment
Subject to an application by the employer and further
order of the Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in paragraph 29.5.1 of this clause if the
employer obtains acceptable alterative employment for an employee.
30. Superannuation
The subject of superannuation contributions 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. The legislation, as varied from time
to time, governs the superannuation rights and obligations of the parties.
31. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Boiling
Down and By-Products (Cumberland) Consolidated Award published 25 February 2005
(348 I.G. 805), as varied.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle
26 of the Principles for Review of Awards made by the Industrial Relations
Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on
and from 4 February 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
It shall apply to all employees of the classes mentioned in
clause 4 - Wages, of this award, in boiling down, bonemilling and artificial
manure-making establishments, and employees in abattoirs, meat works, slaughter-houses
and meat preserving works engaged in the manufacture of margarine in the County
of Cumberland.
Excepting -
Employees in chemical works engaged in the manufacture of
artificial or patent manures or fertilisers; All persons employed by Australian
Fertilisers Limited on the bone-crushing and fertiliser mixing and bagging
plant at its works at Granville. Employees of The Council of the City of
Sydney.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
|
Classification
|
Column A
|
Column B
|
Column C
|
|
|
SWC 2005
|
SWC 2006
|
SWC 2007
|
|
|
Applicable from
|
Applicable from
|
Applicable from
|
|
|
First full pay
period
|
First full pay
period
|
First full pay
period
|
|
|
20th Nov 2007
|
20th Dec 2007
|
20th Jan 2008
|
|
Rendering Plant Operator
|
$523.60
|
$543.60
|
$563.60
|
|
Assistant Rendering Plant Operator
|
$516.10
|
$536.10
|
$556.10
|
|
Mill Hand
|
$512.95
|
$532.95
|
$552.95
|
|
Cleaners & Labourers
|
$496.55
|
$516.55
|
$536.55
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Explanation
|
Column
A
|
Column
B
|
Column
C
|
|
No.
|
No.
|
|
SWC
2005
|
SWC
2006
|
SWC
2007
|
|
|
|
|
Applicable
from
|
Applicable
from
|
Applicable
from
|
|
|
|
|
First
full pay
|
First
full pay
|
First
full pay
|
|
|
|
|
period
|
period
|
period
|
|
|
|
|
20th
Nov 2007
|
20th
Dec 2007
|
20th
Jan 2008
|
|
1
|
3.4.1
|
Meal Allowance
|
$7.75
|
$8.00
|
$8.30
|
|
2
|
4.2
|
Bagging Fertiliser
|
0.18
|
0.19
|
0.20
|
|
3
|
4.3
|
Fork Lift
|
$2.06
|
$2.14
|
$2.23
|
|
4
|
25.3
|
Employer does not provide
tools
|
0.18
per week
|
0.19
per week
|
0.20
per week
|
|
5
|
25.3
|
Employer does not provide
tools
|
0.03
per day
|
0.03
per day
|
0.03
per day
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.