TRANSPORT INDUSTRY - WASTE COLLECTION AND RECYCLING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 5283 of 2005)

 

 

AWARD

 

PART A

 

1.  Index

 

Clause No.    Subject Matter

 

PART A

 

15.       Annual Leave

30A.    Anti-Discrimination

38.       Area, Incidence and Duration

35.       Attendance at Repatriation Centres

29.       Away-from-home Allowance

33.       Bereavement Leave

21.       Board and Lodging

5.         Casuals

3.         Commitment

31.       Definitions

36.       Employee Deductions

17A.    Employment Protection for Defence Force Reserves

22.       General Conditions

8.         Hours of Employment

1.         Index

30.       Industrial Disputes and Grievance Procedure

32.       Jury Service

37.       Leave Reserved

34.       Leave to Attend Trade Union Training Courses

18.       Long Service Leave

9.         Meal Times

28.       Mixed Functions

8A.      Afternoon and Night Shift Work

25.       Notice Board

10.       Overtime

6.         Part Time Employees

20.       Pay Day

17.       Personal/Carer’s Leave

13.       Public Holidays

11.       Recall

27.       Right of Entry

23.       Safety and Occupational Health Requirements

12.       Saturday and Sunday Work

7.         Septic Tanks

16.       Sick Leave

19.       Termination of Employment

4.         Training

26.       Transport Workers’ Union

24.       Union Delegate

14.       Union’s Picnic Day

2.         Wages

 

PART B

 

MONETARY RATES

 

2.  Wages

 

(i)         Basic Weekly Wage Rates - Adult and Junior Employees:

 

The weekly rates of pay for classifications appearing in this clause are set out in Table 1- Wages, of Part B, Monetary Rates, of this award, and are total rates inclusive of the basic wage for adult employees.

 

Classification

 

(A)       Non-drivers: -

 

1.         Depot hands in training shall be paid as set out in Item 1 of the said Table 1.

 

2.         Depot hands at transfer stations/landfill sites shall be paid as set out in Item 2 of the said Table 1.

 

3.         Depot hands, garbage and/or recyclable materials; sorters/treaters of recyclable materials including those engaged at Recycling and Transfer Depots, Waste Disposal Facilities, and Alternative Waste Treatment Facilities; and offsiders on vehicles collecting garbage or recyclable materials shall be paid as set out in Item 3 of the said Table 1.

 

4.         Depot hands, sanitary wastes; offsiders on vehicles collecting mobile carts; offsiders on sanitary vehicles shall be paid as set out in Item 4 of the said Table 1.

 

(B)       Drivers/operators:

 

1.         Operators at Recycling and Transfer Depots and Alternative Waste Treatment Facilities; drivers of mechanical street sweeping machines; drivers of mechanical diggers, trenchers, shovels, dozers, graders, compactors, forklift drivers and front-end loaders; weighbridge operators and drivers of vehicles for which a class C Driving Licence is required; shall be paid as set out in Item 5 of the said Table 1.

 

2.         Drivers of garbage compactor vehicles with a carrying capacity not exceeding 10.7 cubic metres; drivers of sullage tankers with a carrying capacity not exceeding 11,365 litres; drivers of vehicles with sidestacking or sideloading devices (HIAB or similar type cranes); drivers of vehicles collecting recyclable materials not referred to elsewhere in this award shall be paid as set out in Item 6 of the said Table 1.

 

3.         Drivers of sullage tankers with a carrying capacity exceeding 11,365 litres; drivers of sanitary vehicles; drivers operating mechanical rear lift loading not exceeding 10.7 cubic metres capacity servicing bulk containers; drivers of vehicles collecting mobile carts with mechanical lift, rear loading, and with a capacity not exceeding 10.7 cubic metres; and drivers of such vehicles engaged in the collection of recyclables, shall be paid as set out in Item 7 of the said Table 1.

 

 

4.         Drivers of garbage compactor vehicles with a carrying capacity exceeding 10.7 cubic metres; drivers of such vehicles engaged in the collection of recyclables; operators of septic tanks/chemical closets, portaloos etc shall be paid as set out in Item 8 of the said Table 1.

 

5.         Drivers of vehicles collecting mobile carts with mechanical lift, rear loading, and with a capacity exceeding 10.7 cubic metres; drivers operating mechanical rear lift loading exceeding 10.7 cubic metres capacity servicing bulk containers shall be paid as set out in Item 9 of the said Table 1.

 

6.         Drivers of vehicles collecting containers of solid waste and/or recyclable materials by means of a one man side operated grab and hoist or lifting device shall be paid as set out in Item 10 of the said Table 1.

 

7.         Drivers of articulated vehicles removing waste from a transfer station shall be paid as set out in Item 11 of the said Table 1.

 

8.         Drivers/operators of graders, dumpers, tractors, loaders, compactors, skid steer tractor, dragline shovel operators, at landfill sites; intermodal facility operator and tipping platform operator only shall be paid as set out in Item 12 of the said Table 1.

 

9.         Drivers of double articulated vehicles (i.e. B-Double combination vehicles) performing work covered by this award shall be paid as set out in Item 13 of the said Table 1.

 

(ii)        Extra Payments:

 

(NOTE: For the purpose of computing wages, overtime, etc. the additional amounts referred to in this clause form part of the total weekly rate for the work performed, except where otherwise indicated.)

 

(a)        From the first pay period to commence on or after 1 November 2005 the industry allowance which had in previous versions of this award been payable per week to employees (to compensate employees for the special disabilities associated with the hours worked and the offensive, filthy and obnoxious nature of the duties of sanitary, sullage and garbage employees) is no longer payable and is incorporated from that date in the base rate of pay of all employees. No further claims shall be made in relation to that allowance after 31 October 2005.

 

(b)        Weekly employees only shall be paid a flat weekly amount as set out in Item 2 of the said Table 2 in lieu of an additional week’s sick leave. This allowance only applies to employees engaged under subclause (i) of this clause.

 

(c)        Drivers of vehicles with dual front steering shall be paid the following additional amount per week as set out in Item 3 of Table 2.

 

(d)        Drivers of articulated vehicles (except employees in classifications (b)7 or b(9) in subclause (i) above, or vehicles engaged in the collection of sullage) shall be paid the appropriate rate specified and in addition thereto the weekly amounts as set out in Item 4 of Table 2.

 

(e)        Drivers of motor vehicles with a trailer attached thereto (except employees in classification (b)7 in subclause (i) above) shall be paid as set out in Item 5 of Table 2.

 

(f)         Employees required to use boats for the purpose of performance of their duties shall be paid as set out in Item 6 of Table 2.

 

(g)        An employee appointed by the employer as a leading hand shall be paid the appropriate extra weekly amount as set out in Item 7 of Table 2.

 

(h)        An employee appointed by the employer to perform first-aid duty shall be paid per day as set out in Item 8 of Table 2.

 

(iii)

 

(a)        Employees who are under twenty years of age and who are employed solely on recycling and sorting operations shall be paid as set out in Table 1.

 

(b)        Employees who are 16 years of age will only be employed within recycling depots and only for the purposes of sorting work. The rate of pay for such employees is as set out in Table 1.

 

(c)        No employee engaged as at 2 March 1992 shall suffer any reduction in pay as a result of this award while such employee remains with the same employer or an employer who is a successor, transferee or to whom the business has been transmitted.

 

(d)        Employees who are under 20 years of age will not perform driving duties.

 

(e)        Employees will not perform garbage collection work unless they are paid the full rate of pay in line with the offsider classification of this award.

 

(iv)       An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award.

 

3.  Commitment

 

(i)         The Transport Workers’ Union will not be making any claim for wage increases (including any increases in expense related allowances) in relation to or in connection with the August 1997, June 1998 and June 1999 State Wage Cases or the 2000, 2001, 2002,  2003, or 2004 State Wage Cases. The wage increases arising under this award may be offset against any existing over award payments.

 

(ii)        The parties will continue to negotiate to ensure that as part of a service industry waste management contractors operate as flexibly as possible in order to meet customer demand.

 

(iii)       Employees within each grade in the new structure to be introduced are to perform a wider range of duties including work that is incidental or peripheral to their main tasks or functions.

 

(iv)       Subject to agreement at enterprise level, employees are to undertake training for the wider range of duties and for access to higher classifications.

 

(v)        The parties will not create barriers to advancement of employees within the award structure or through access to training.

 

(vi)       The parties will cooperate in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.

 

4.  Training

 

(A)       Compulsory Induction Training

 

(i)         The purpose of this clause is to:

 

(a)        ensure that employees are certified as competent to:

 

A.        the F1 ("Follow OH&S Procedures") competency standard under the TDT 2002 nationally recognized training package; or

 

B.         the Blue Card; or

 

C.         other similar or better programme.

 

(b)       encourage the attainment of a transferable skills base in occupational health and safety training for employees.

 

(ii)        Subject to subclause (iv), by 1 September 2004, an employer will ensure that each employee:

 

(a)        Has attained:

 

A.        the F1 ("Follow OH&S Procedures") competency standard under the TDT 2002 nationally recognized training package; or

 

B.         the Blue Card; or

 

C.         other similar or better programme; and

 

(b)       Has attained the training specified in paragraph (a) of this subclause (ii) at no cost to the employee; and

 

(c)        Has been provided with documentation confirming the attainment of the training specified in paragraph (a) of subclause (ii) of this clause.

 

(iii)       Subject to subclause (iv), after 1 September 2004 an employee must complete the training set out in subclause (ii) above within two (2) months of the commencement of his or her employment with an employer if the employee has not previously completed the training set out in 4(ii)(a) A or 4(ii)(a) B.

 

(iv)       An employer’s obligations under subclauses (ii) and (iii), above, will not apply to a casual employee unless the engagement has been on a regular and systematic basis for a period of at least two (2) months.

 

(v)        Upon request of the Union, an employer who has implemented training as set out in 4(ii)(a) C will provide copies of the relevant training programme to the Union on a confidential basis for the purpose of the Union satisfying itself that the training is similar to or better than the training set out in 4(ii)(a) A or 4(ii)(a) B.

 

(vi)       If an employee or prospective employee is required to undergo training pursuant to subclause (ii), above, either prior to or after commencing employment, the employer or proposed employer will pay the employee or prospective employee an hourly rate for the actual hours spent in attending the training (excluding travel time).  The hourly rate will be determined by dividing the weekly rate applicable for the employee’s classification or proposed classification by 38 hours and will not include payment for any overtime or any other penalties including, but not limited to, allowances, shift allowances or loadings.  An employee shall suffer no loss of ordinary time earnings as result of attendance at training provided pursuant to subclause (ii), above.

 

(B)       Commitment to Training

 

(i)         The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of the waste management industry and its functions, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

 

(a)        developing a more highly skilled and flexible workforce;

 

(b)       providing employees with career opportunities through appropriate training to acquire additional skills;

 

(c)        removing barriers to the utilisation of skills acquired.

 

(ii)        Following proper consultation through the establishment of a training committee, an employer shall develop a training programme consistent with:

 

(a)        the current and future skill needs of the enterprise;

 

(b)       the size, structure and nature of the operations of the enterprise;

 

(c)        the need to develop vocational skills relevant to the enterprise and the transport industry and the waste management industry through courses conducted by accredited educational institutions and/or providers.

 

(iii)       Where it is agreed a training committee be established that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example:

 

formulation of a training programme and availability of training courses and career opportunities to employees;

 

dissemination of information on the training programme and availability of training courses and career opportunities to employees;

 

the recommending of individual employees for training and reclassifications;

 

monitoring and advising management and employees on the on-going effectiveness of the training.

 

(iv)

 

(a)        Where, as a result of consultation through a training committee and with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to subclause (ii) herein should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

 

(b)       Any costs associated with standard fees for prescribed courses and prescribed textbooks (including those textbooks which are available in the employer’s technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis subject to the presentation of reports of satisfactory progress.

 

(c)        Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

 

(v)        Subclause (i), (ii) and (iv) herein shall operate as interim provisions and shall be reviewed after nine months’ operation. In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (i) herein. In this connection, the Union reserves the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of an individual enterprise and/or the transport industry.

 

(vi)       Any disputes arising in relation to subclauses (ii) and (iii) shall be subject to the provisions of clause 30, Industrial Disputes and Grievance Procedure, of this award.

 

5.  Casuals

 

(i)

 

(a)        Casuals shall be paid at the rate prescribed for the appropriate classification in Clause 2, Wages, and in addition thereto 20 percentum of such rate. This additional loading is deemed to include all amounts payable under the Annual Holidays Act 1944, for annual leave. This additional loading forms part of the casual rate for all hours worked, whether ordinary time or at prescribed penalty rates.

 

(b)        Subject to sub-clause 5(i)(c), irrespective of hours worked, a casual employee shall be paid for each engagement a minimum period of 7.6 hours.  For all time worked in a day in excess of 7.6 hours, the overtime penalty rates prescribed in clause 10, Overtime, shall be payable on the casual rate.

 

(c)        casual non-driver employees who are wholly engaged at a waste transfer station or at a materials recycling facility shall be paid a minimum of four hours work for each start, provided that any casual (including labour hire personnel) who, prior to the making of this award was regularly engaged at the waste transfer station or the materials recycling facility shall continue to be paid for each engagement a minimum period of 7.6 hours. "Regularly" in this context means at least two engagements in four weeks. For all time worked in a day in excess of 7.6 hours, the overtime penalty rates prescribed in clause 10, Overtime, shall be payable on the casual rate.

 

(ii)        The number of casual employees engaged on a regular basis shall not exceed one quarter of the number of regular non-casual employees.

 

(iii)       Upon request, any employer employing casual employees under this award shall furnish an accredited representative of the Union with the number of employees engaged on any specified day showing separately the number of casuals employed on such day.

 

(iv)       In special circumstances, proof of which shall lie on the employer, casual labour may be used in excess of the award requirement in order to ensure that the work required to be done on that day is performed.

 

6.  Part Time Employment

 

(i)         The employer may engage part time employees to work in accordance with a regular pattern on any seven days of the week at the appropriate rate of pay for the day worked. A part time employee shall not be paid:

 

(a)        for less than 20 hours in a week; and

 

(b)        shall not be paid for less than:

 

A.        7 hours 36 minutes on any day upon which the person works; or

 

B.         if the employee is engaged as a non-driver, 4 hours on any day upon which the person works

 

(ii)        A part time employee is entitled to the pro rata benefits prescribed by this award or by Act of Parliament that would accrue to a full time employee working on the same day.

 

(iii)       A part time employee is entitled to the same period of notice as a full time employee in accordance with clause 19, Termination of Employment.

 

(iv)       The employment of a part time employee shall be confirmed in writing to the employee and the letter shall state the days and times upon which the part time employee is required to work. Any time worked outside the hours agreed to in such a letter shall be paid at overtime penalty rates.

 

(v)        In accordance with subclause (ii) of clause 5, Casuals, a part time employee shall be considered a casual employee for the purposes of that subclause and in no other respect.

 

7.  Septic Tanks

 

(i)         Septic Tanks - Employees shall be paid treble rates in addition to their normal rates for all time occupied on work in connection with the cleansing of septic tanks and/or septic closets and/or chemical closets by other than mechanical means; such work during weekends or at night shall not incur further overtime rates.

 

(ii)        Employees occupied on work in connection with the cleansing of septic tanks and/or septic closets and/or chemical closets by mechanical means shall be paid a minimum of four hours’ pay for each period the employee is so engaged; time worked to include all time from the sanitary depot and return.

 

8.  Hours of Employment

 

(i)         Subject to subclauses (ii), (iii) and (iv) of this clause and clause 8A, Afternoon and Night Shift Work, the ordinary hours of work for all employees shall not exceed 8 hours per day or 38 hours per week or 76 hours per fortnight or 152 hours per four weeks and such hours shall be worked between the hours of midnight Sunday and midnight Friday, inclusive.

 

(ii)        For employees engaged in the collection of domestic garbage, sanitary and sullage, recycling materials and litter bins a system of variable working hours, which may include ordinary hours of up to 10 per day, or ordinary hours to be worked on Saturday or Sunday, may be worked throughout the whole week, Saturday and Sunday included, where there is agreement between the employees, the contractor and, where applicable, the Council; provided that the union and the relevant employer association are notified of and consent to such agreement. Such consent shall not be withheld unreasonably; provided further that if an organisation party to this award withholds its consent, the matter may be referred to the Industrial Relations Commission of New South Wales for decision.

 

(iii)       Employees not engaged in the collection of domestic garbage, sanitary and sullage, recycling materials and litter bins and who are wholly engaged at a waste transfer station or at a materials recycling facility may:

 

(a)        work ordinary hours on a Saturday and shall be paid an additional 50% of the rates prescribed for their respective classifications for the ordinary hours worked on that day; and/or

 

(b)        agree to work ordinary hours on Sunday and shall be paid an additional 100% of the rates prescribed for their respective classifications for the ordinary hours worked on that day.

 

NOTE:  Employees don't have to work Sunday as an ordinary day but should an employee agree to this change it will form part of that employee's contract of employment.

 

(iv)       Any employee who is wholly engaged at a waste transfer station or at a materials recycling facility and who prior to the making of Transport Industry - Waste Collection and Recycling (State) Award 2000, published 30 March 2001 (323 IG 587) regularly worked ordinary hours Monday to Friday and overtime on the weekend and as a result of this award works ordinary time on the weekend shall receive not less than the amounts shown in the appropriate column in Table 3 of Part B of this award for the relevant classification for ordinary hours worked. "Regularly" in this context means at least two weeks in four. The amounts referred to in Table 3 are only payable in a pay week in which the employee worked ordinary hours on the weekend.

 

(v)        An employee who works ordinary hours on a Saturday and/or Sunday must have two consecutive days off (unless they are worked as overtime).

 

(vi)       The employer shall, within the limits of the hours above prescribed, have the right to fix the starting and ceasing times of its employees, which shall be posted in a conspicuous place in the garage or depot, but such times shall not be altered unless the employees so affected are given seven days' prior notice of such alteration; provided that in the event of a vehicle breakdown, the employer may upon giving to the employees a minimum of twelve hours' notice alter the commencing times of sufficient employees to enable the regular service to be maintained.

 

8A.  Afternoon and Night Shift Work

 

(i)         For the purposes of this clause:

 

(a)        "afternoon shift" shall refer to the rostered ordinary hours of an employee where such hours commence in the period from 4pm to midnight inclusive on any Monday to Sunday.

 

(b)        "night shift" shall refer to the rostered ordinary hours of an employee where such hours commence in the period from midnight to 4am inclusive on any Monday to Sunday.

 

(ii)        Employees not engaged in the collection of domestic garbage, sanitary and sullage, recycling materials and litter bins who perform work on an afternoon shift from Monday to Friday (inclusive) shall be paid a loading of 20% in addition to their ordinary rate of pay.

 

(iii)       Employees not engaged in the collection of domestic garbage, sanitary and sullage, recycling materials and litter bins who perform work on a night shift from Monday to Friday (inclusive) shall be paid a loading of:

 

(a)        30% in addition to their ordinary rate of pay

 

(iv)       Notwithstanding anything contained in this clause, afternoon shift shall be paid at the rate applicable to the day on which the majority of the ordinary hours are worked.

 

(v)        Notwithstanding anything contained in this clause, employees may only work ordinary hours on a Saturday or Sunday in the circumstances and subject to the conditions prescribed by subclauses (iii), (iv) and (v) of clause 8, Hours of Employment.

 

(vi)       Notwithstanding anything contained in this clause, employees who work afternoon or night shift on a Saturday or Sunday will not be entitled to any shift loading, but will be paid at the rates for Saturday and Sunday work.

 

9.  Meal Times

 

Employees shall be allowed a break for a meal each day of not more than one hour’s duration which shall be taken, as far as practicable, within a period of five hours of commencing work; provided that such arrangement may be altered by agreement between the employer and the employees.

 

10.  Overtime

 

(i)         All time worked in excess of or outside the ordinary shift shall be overtime and shall be paid for at the rate of time and one-half for the first two (2) hours and double time thereafter until the employee ceases duty or the ordinary starting time is reached, whichever first occurs.

 

(ii)        When an employee is called upon to work overtime and works 2 or more hours of such overtime, such employee shall be supplied by the employer with a suitable meal or be paid the sum specified in Item 9 of Table 2 of Part B of this award in lieu thereof for the first two hours or part thereof of overtime worked. Thereafter for every further four hours of overtime worked a further meal shall be provided or a further meal allowance in the sum specified in Item 9 of Table 2 of Part B shall be paid in lieu thereof.

 

(iii)       Notwithstanding subclause (ii) of this clause, in the case of an employee engaged by and employer on or before 26 September 1995 who regularly works overtime and who would not receive a meal or a meal allowance under subclause (ii) of this clause, such an employee after working any overtime shall be supplied by the employer with suitable meal or be paid the sum specified in Item 9 of Table 2 of Part B of this award in lieu thereof.

 

(iv)       In the calculation of overtime, portions of hours shall be taken to the nearest one-tenth of an hour.

(v)        Weekly Employees - The base hourly rate of pay shall be calculated by dividing the appropriate weekly rate prescribed by clause 2, Wages, of this award for the employee concerned by 38.

 

(vi)       Casual Employees - In the case of casual employees, the overtime rate shall be calculated on the casual rate of pay using a divisor of 38 to calculate the base hourly rate of pay.

 

11.  Recall

 

An employee recalled to work overtime after leaving the employer’s business premises shall be paid for a minimum of four hours’ work at the appropriate rate for each time the employee is so recalled; provided that, any subsequent call-backs occurring within a four-hour period shall not attract any additional payment, provided further that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.

This subclause shall not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

12.  Saturday and Sunday Work

 

(i)

 

(a)        An employee required to work on a Saturday, where it is not worked as an ordinary day, shall be paid at the rate of time and one-half for the first two hours and double time thereafter for all time worked, with a minimum payment of four hours at the appropriate rate of pay, whether the employee works for that period of time or not.

 

(b)        An employee who is required to commence work on a Saturday, other than an employee working an ordinary shift, at 12 noon or thereafter, shall be paid at double time for all time worked in lieu of the rate prescribed in paragraph (a) hereof.

 

(ii)        An employee required to work on a Sunday, other than an employee who has agreed to work Sunday as an ordinary day, shall be paid at the rate of double time for all time worked, with a minimum payment as for four hours’ work at the appropriate rate of pay, whether the employee works for that period of time or not.

 

(iii)       For all work performed on Easter Sunday the rate of double time and one-half shall be paid with a minimum payment as for four hours, provided that such work continues until the employee is released from duty by the employer.

 

(iv)       The base hourly rate of pay shall be calculated by dividing the appropriate weekly rate of pay prescribed by clause 2, Wages, of this award by 38.

 

13.  Public Holidays

 

(i)         The days upon which the following holidays are observed shall be holidays, namely: New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day together with any other days which may be proclaimed as holidays.

 

(ii)

 

(a)        Weekly Employees: All work performed on any of the abovementioned days (except Christmas Day and Good Friday) shall be paid for at the ordinary rate of pay for a rostered working day multiplied by two and one-half with a minimum payment as for seven hours thirty six minutes (Except in the case of litter bin collection or other agreed areas including emergency pump outs or the removal of dead animals where the minimum payment shall be as for four (4) hours work.) For all work performed on Christmas Day and Good Friday, the ordinary rate of pay for a rostered working day multiplied by three shall be paid with a minimum payment as for seven hours thirty six minutes work. (Except in the case of litter bin collection or other agreed areas including emergency pump outs or the removal of dead animals where the minimum payment shall be as for four (4) hours work.)

 

(b)        Casual Employees: For all time worked by casual employees on a public holiday, except Christmas Day and Good Friday, a casual employee shall be paid the ordinary casual rate of pay multiplied by two and half with minimum payment as for 7 hours, 36 minutes and for all time worked by casual employees on Christmas Day and Good Friday, a casual employee shall be paid the ordinary rate of pay multiplied by three with a minimum payment as for 7 hours, 36 minutes.

 

(iii)       In any week during which a holiday is observed on any day Monday to Friday, inclusive, the ordinary working time of such week shall be reduced by eight hours for each holiday occurring.

 

(iv)       No deduction of wages shall be made from the wages of a weekly employee who is not required to work on a holiday; provided that an employee who is required to work on a public holiday and who fails to report for duty shall not be paid for that holiday unless such employee is absent from work with reasonable excuse.

 

(NOTE: Due to the nature of the industry having regard to public health, employees are normally required to work on public holidays.)

 

(v)        An employee who is engaged on a biweekly service and who is not required to work on a holiday upon which were the day not a holiday normal domestic garbage service would have been provided shall be paid, if the employee attends for work on the next normal working day an additional amount equal to four hours’ pay for the employee’s classification prescribed by clause 2, Wages, of this award, for picking of extra work. This subclause shall apply to casual employees but the casual loading prescribed by clause 5, Casuals, of this award shall not be taken into account in calculating the additional amount prescribed by this subclause. This subclause shall not apply where the work would have been performed on a holiday when clean up only would have been performed.

 

(vi)       For the purposes of this award, ‘Christmas Day’ shall be 25 December in each year.

 

(vii)      Weekly Employees - The base hourly rate of pay shall be calculated by dividing the appropriate weekly rate prescribed by clause 2, Wages, of this award, for the employee concerned by 38.

 

(viii)     Casual Employees - In the case of casual employees, the overtime rate shall be calculated on the casual rate of pay using a divisor of 38 to calculate the base hourly rate of pay.

 

14.  Union’s Picnic Day

 

(i)         Easter Saturday shall be recognised as the union’s picnic day.

 

(ii)        Subject to sub-clause 14(iii), a financial member of the union who is required to work on Easter Saturday shall be paid at the ordinary rate of pay multiplied by two and one-half in addition the payment prescribed by sub-clause 14(iv) for the actual time worked with a maximum payment as for eight (8) hours’ work (except in the case of litter bin collection or other agreed areas where the minimum payment shall be as for four (4) hours’ work).

 

(iii)       When Easter Saturday is proclaimed as a public holiday a financial member of the Union who is required to work on Easter Saturday shall be paid in accordance with Sub-clause 13(ii) in addition the payment prescribed by subclause (iv) for the actual time worked and sub-clause 14(ii) shall have no application.

 

(iv)       In addition to all other payments due to an employee, where such an employee is a financial member of the union then that employee shall, upon proof thereof, be paid an additional day’s pay in the pay period in which Easter Saturday falls.

 

(v)        For the purpose of this clause "financial member of the union" shall mean an employee who is at the time of the picnic day a financial member, or who was a financial member of the union as at 31 December of the preceding year.

 

(vi)       An employer’s obligations under this clause will not apply to a casual employee, unless the casual employee is a union member and has worked for one employer on Easter Saturday or on any day in the week before or after Easter Saturday.

 

15.  Annual Leave

 

(i)         Weekly Employees -

 

(a)        Every employee shall become entitled in respect of each year of employment to four consecutive weeks’ annual leave exclusive of public holidays. For each public holiday occurring during the period of annual leave, an additional day shall be added to the employee’s leave for each such holiday occurring.

 

(b)        An annual holiday of four weeks shall be given and taken in one consecutive period, or, if the employee and employer so agree, in two separate periods. The employee and the employer may also agree for annual leave to be taken in shorter periods of a minimum of one day, provided that not more than five (5) days out of the employee’s yearly entitlement to annual leave is so taken.

 

(c)        Upon termination of employment an employee shall be entitled to payment for all untaken leave together with such sum as bears the same ratio to four weeks’ pay as the employee’s number of months’ service since the employee last became entitled to leave bears to one year, or in the case of an employee whose period of service is less than one year to payment of such sum as bears the same ratio to four weeks’ pay as the employee’s number of months’ service bears to one year.

 

(d)        An employee at the time of entering upon a period of annual leave, in accordance with this award, shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable, calculated on the basis of 3.166 hours ordinary pay for each month; provided that the maximum amount payable for any twelve month period shall not exceed thirty-eight (38) hours.

 

(ii)        The casual rate of pay prescribed by this award includes an allowance for entitlement under the Annual Holidays Act 1944.

 

16.  Sick Leave

 

(i)         Employees shall be entitled to absences through illness of up to 10 days or 76 hours per annum.

 

(ii)        Notwithstanding the provisions of subclause (i) of this clause, after 3 months’ continuous service with an employer, an employee is entitled to 38 hours of paid sick leave during the first year of service and is entitled to 76 hours of paid sick leave during the second and each subsequent year of service.

 

(iii)       Sick leave not taken in any year shall accumulate from year to year to be taken when justified in a later year of service without diminution of the sick leave prescribed in respect of that year.

 

(iv)       Before being paid for sick leave:

 

(a)        the employee must furnish to the employer such evidence as the employer may reasonably require that the employee was unable, by reason of illness or injury or elective surgery (including dentistry), to attend for duty on the day for which sick leave is claimed; and

 

(b)        the employee must have notified the employer of the inability to attend for duty before the employee’s normal starting time, or if that is not practicable before the end of the employee’s normal ceasing time on that first day. When telling the employer of the inability to attend for work on that day the employee must say how long the absence is estimated to last and the nature of the illness. If it turns out later that the absence will be longer than the employee first estimated then the employee must inform the employer of the revised estimate of length of absence before the original estimate of absence has expired.

 

Any dispute over whether these conditions have been met must be dealt with in accordance with clause 30, Industrial Disputes and Grievance Procedure. Any special case will be dealt with on its merits.

 

17.  Personal/Carers’ Leave

 

(i)         Use of Sick Leave

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in 17(i)(c) who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 16 of the award, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to the employee being responsible for the care of the person concerned; and 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, step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling the employee of spouse or de facto spouse of the employer; 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 paragraph:

 

‘relative’ means a person related by blood, marriage or affinity;

 

‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

‘household’ means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(ii)        Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in clause 17(i)(c) above who is ill.

 

(iii)       Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five (5) days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in clause 17 (iii) (a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five (5) consecutive annual leave days are taken.

 

(iv)       Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within twelve (12) months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with clause 17(iv)(a) above, 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.

 

(d)        Where no election is made in accordance with clause 17(iv)(a), the employee shall be paid overtime rates in accordance with the award.

 

(v)        Make-Up Time

 

(a)        An employee may elect, with the consent of the employer, to work ‘make-up time’, under the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work ‘make-up time’ (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(vi)       Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or employer.

 

(d)        This subclause is subject to the employer informing the union where it 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 to participate in negotiations.

 

17A.  Employment Protection for Defence Force Reserves

 

See Defence Reserve Service (Protection) Act 2001 (Cth).

 

18.  Long Service Leave

 

See Long Service Leave Act 1955.

 

19.  Termination of Employment

 

(i)         Where termination is initiated by an employee, the employee must give one week’s notice of termination of employment to the employer or forfeit one week’s pay in lieu thereof.

 

(ii)        Where termination is initiated by the employer, the employer must give the employee notice in accordance with the following table:

 

Employee’s Period of Continuous Service with the Employer	Period of Notice
Not more than one year	At least one week
More than one year but not more than 3 years	At least 2 weeks
More than 3 years but not more than 5 years	At least 3 weeks
More than 5 years	At least 4 weeks

 

(iii)       Instead of notice the employer may give the employee compensation which must equal the total of all amounts that the employer would have become liable to pay if the employee’s employment had continued until the end of the required period of notice.

 

This total must be worked out on the basis of:

 

(a)        the employee’s ordinary hours of work (even if they are not standard hours) and

 

(b)        the amounts payable to the employee in respect of those hours, including (for example) loadings, allowances and penalties;

 

(iv)       Notwithstanding subclauses (ii) and (iii) of this clause, an employer need not give any notice if the employee is guilty of serious misconduct.

 

20.  Pay Day

 

(i)         All wages shall be paid weekly by cash or by electronic funds transfer on any weekday Monday to Friday, as determined by the employer, but the day on being fixed shall not be altered more often than once in three months.

 

(ii)        No employer shall hold more than one day’s wages in hand.

 

(iii)       Wages shall be paid without unnecessary delay after the employee’s rostered finishing time on the day set apart as the pay day. An employee kept waiting for wages owing on pay day for more than a quarter of an hour after the employee’s rostered finishing time shall be paid at overtime rates after a quarter of an hour with a minimum payment for a quarter of an hour. Notwithstanding the foregoing, the provisions of this subclause shall not apply where the delay is outside the employer’s control (proof of which shall be on the employer).

 

(iv)       Casual employees shall be paid at the end of each day or at the termination of their casual employment.

 

(v)        Where an employer has more than one yard, arrangements as to the place of payment of wages shall be mutually agreed upon between the employer and employees; failing an agreement the matter may be referred to the Conciliation Committee for decision.

 

(vi)       Notwithstanding the provisions of subclause (i) of this clause, by mutual agreement an employee may be paid wages directly into an account standing to the credit of the employee.

 

21.  Board and Lodging

 

It shall not be a term of employment that an employee shall board or lodge with the employer or at the employer’s expense.

 

22.  General Conditions

 

(i)         No employee shall be required or permitted to lift any garbage receptacle by hand in excess of 32 kilograms total weight, is. weight of can and contents, unless adequate assistance is provided.

 

(ii)        Only approved garbage cans with tight fitting lids and/or approved garbage bags and/or mobile carts shall be collected or emptied.

 

(iii)       No employee shall be required or permitted to lift, collect, empty or otherwise manually handle any garbage bin in excess of a maximum of 0.056 cubic metre capacity; or which is not in an upright position; provided that this subclause shall not apply to a bin or cart which is equipped with wheels and handles and is designed to be lifted and emptied by hydraulic means.

 

(iv)       Employees and all other parties to this award shall be required to observe the relevant Road Transport Legislation and Regulations during the course of employment.

 

(v)        Each contractor shall have regular assessments (including a count of all receptacles picked up) made at least once in every twelve months in order to adjust the work load and ensure it is not excessive.

 

23.  Safety and Occupational Health Requirements

 

(i)         The employer shall provide:

 

(a)        vehicles used in the collection, transportation and disposal of waste shall be of high visibility and fitted with a flashing light or lights visible from all points around the vehicle;

 

(b)        to employees suitable high visibility clothing with reflective material provided that nothing in this paragraph shall be deemed to exclude the use of the company’s name, logo or telephone number; clothing provided in accordance with this paragraph shall not be loose fitting;

 

(c)        to employees suitable footwear having regard to the work performed and the prevailing conditions including the state of roads, pavements and topography in the areas in which the work is to be performed;

 

(d)        after consultation with a medical officer, a qualified occupational health nurse or an appropriate officer from the Department of Industrial Relations and Employment, suitable first-aid kits to be carried in each vehicle.

 

(e)        torch and batteries for drivers and offsiders as reasonably required.

 

(ii)        The employer shall have available:

 

(a)        waterproof clothing consisting of waterproof coat, hat or cap or southwester for each employee required to work out of doors in wet weather;

 

(b)        suitable gloves.

 

(iii)       A first-aid outfit shall be kept and maintained by the employer at each establishment, yard, depot and garage where there are employees covered by this award. Such outfit is to comprise a First-aid Ambulance Chest, which shall:

 

(a)        be of wood or metal, be dust-proof and be distinctively marked with a white cross upon a green ground;

 

(b)        be so equipped and maintained as to contain at least the articles and appliances specified by clause 20 of the NSW Occupational Health and Safety Regulation, 2001;

 

(NOTE: The employer shall display a copy of the appropriate Schedule, above referred to, on or adjacent to the First-aid Ambulance Chest.)

 

(c)        contain nothing except requisite articles and appliances for first-aid;

 

(d)        be readily accessible to the persons employed in the establishment, yard, depot and garage; and

 

(e)        be placed under the charge of a responsible person or persons who or one of whom shall always be readily available during working hours. A clearly legible notice stating the names of the person or persons in charge of the ambulance chest shall be affixed in a conspicuous position on or adjacent to the chest.

 

(iv)       No employee shall enter the back of a vehicle while the motor is running, place his/her hands in a bin while it is being emptied, fail to keep clear of lifters when hydraulics are engaged, ride on the back of a vehicle while it is reversing, cross the road in front of a collection vehicle, ride on the outside of a cabin of a collection vehicle, fail to keep clear of the back door while the vehicle is tipping, place garbage receptacles on the road or road shoulder, or obstruct his/her natural hearing.

 

(v)        Where one or more offsiders are engaged on waste collection, the driver of a collection vehicle shall be aware of the location of offsiders at all times and remain in the cabin while the collection vehicle is in use.

 

(vi)       It shall be the duty of an offsider to guide the collection vehicle while it is reversing, be aware of, and act appropriately, watch traffic movement around the collection vehicle.

 

(vii)      Where safety clothing and footwear has been provided by the employer in accordance with this clause it shall be the duty of the employee to wear such clothing and footwear at all times while the employee is at work.

 

(viii)     The employee shall not obscure high visibility clothing in any way.

 

(ix)       No unauthorised persons, animals or goods of any kind shall be allowed in the cabin of collection vehicles.

 

(x)        Where an employee comes into contact with direct or reflected sunlight during working hours and requires special clothing and/or headgear to protect himself/herself from the sun these shall be provided, free of cost, by the employer.

 

(xi)       An employee who comes into contact with direct or reflected sunlight during working hours shall be provided with Australian Standard, AS 1067 Sunglasses, free of cost, by the employer. Those employees who require Safety Sunglasses shall be provided, free of cost, by the employer, with Australian Standard AS 1337 or AS 1338 Safety Sunglasses.

 

(xii)      An employee who comes into contact with direct or reflected sunlight during working hours shall be provided with sufficient quantities of broad spectrum SPF 30+ Sunscreen to protect himself/herself from the sun, free of cost, by the employer.

 

24.  Union Delegate

 

(i)         An employee appointed as union delegate in the yard, depot or garage shall, upon notification thereof to the employer by the branch or sub-branch secretary of the union, be recognised as the accredited representative of the union.

 

(ii)        Any matter arising in the yard, depot or garage affecting members of the union may be investigated by the delegate and discussed with the employer or the employer’s representative.  The delegate shall, upon request, be allowed a reasonable opportunity to carry out such duties at a time reasonably convenient to the delegate and the employer.

 

(iii)       If a matter in dispute is not settled the delegate shall, on request, be allowed access to a telephone for a reasonable opportunity of notifying the union branch or sub-branch concerned.

 

25.  Notice Board

 

The employer shall supply a notice board of reasonable dimensions to be erected or to be placed in a prominent position in the yard, depot or garage upon which accredited representatives of the union shall be permitted to post formal union notices signed by the representative or representatives.

 

26.  Transport Workers’ Union

 

The role of the Transport Workers’ Union as the representative of the industrial interests of employees under this award is recognised.

 

27.  Right of Entry

 

See Part 7 of Chapter 5 of the Industrial Relations Act 1996.

 

(NOTE : This provides that a duly accredited representative of the union shall have the right to enter any workplace or premises for the purpose of interviewing employees and investigating suspected breaches of awards or agreements of the Industrial Relations Act 1996 and in such investigations inspect time and pay sheets - so long as the accredited representative does not unduly interfere with the work being performed by any employee during working time.)

 

28.  Mixed Functions

 

(i)         Where an employee is called upon in any day to do any work for which a higher rate of pay is payable than the employee’s ordinary rate of pay:

 

(a)        where the time worked is less than 2 hours, the employee will be paid the higher rate for the time worked; and

 

(b)        where the time worked is 2 hours or more, the employee will be paid the higher rate for the whole day.

 

(ii)        When an employee is called upon to do any work for which a lower rate of pay is so prescribed, such employee shall suffer no reduction in pay during such period.

 

29.  Away-from-Home Allowance

 

All reasonable expenses, including out-of-pocket and travelling expenses, incurred by an employee who is required, because of the employee’s duties, to remain away from home overnight, shall be paid by the employer.

 

30.  Industrial Disputes Procedure

 

In the event of a question, dispute or difficulty arising at a workplace:

 

(i)         The matter shall first be raised with the workplace supervisor and agreement sought.

 

(ii)        If the dispute is not resolved at this level, the matter may be discussed between the Union delegate and the workplace manager.

 

(iii)       Should the dispute remain unresolved, the matter may be referred to an official of the Union, who shall discuss it with senior management. The employer may, if so desired, be represented by a representative of an employer association of which the employer is a member.

 

(iv)       In the event of no agreement being reached at this stage, the dispute will be referred to the Industrial Relations Commission of New South Wales or the Transport Industry - Sanitary and Garbage (State) Conciliation Committee.

 

(v)        Reasonable time limits will be allowed for discussion at each level of authority.

 

(vi)       While the procedure is being followed, normal work will continue as directed.

 

30A.  Anti-Discrimination

 

(i)         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, ex, marital status, disability, homosexuality, transgender identity and age.

 

(ii)        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.

 

(iii)       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.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977; or

 

(d)        a party to this award from pursing matters of unlawful discrimination in any State or federal jurisdiction.

 

(v)        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.

 

31.  Definitions

 

(i)         "Blue Card" means a safety initiative for the transport and waste collection industries, based upon the Transport and Distribution ("TDT 2002") nationally recognised level 1 training competency.  Blue Card compels employees to familiarise themselves with, and follow, occupational health and safety procedures.  Blue Card is conducted by a registered training provider that is licensed to deliver Blue Card.

 

(ii)        Casual employee means an employee not engaged as a weekly employee.

 

(iii)       Christmas Day means the 25th day of December of each year.

 

(iv)       Depot Hands (Sanitary Work) means employees engaged in any or all of the following duties : Ploughing-in night-soil, washing and tarring pans, assisting in unloading night-soil, loading pans at the depot, attendance on boilers, cleaning, washing and greasing of vehicles in the depot, cleaning premises at depot and the attendance (including grooming, stabling and feeding) upon horses.

 

(v)        Depot Hands (Garbage Work) means employees engaged in any or all of the following duties : Assisting in loading and unloading garbage at the depot or tip, supervision at garbage tip, attendance on burners, cleaning, washing and greasing of vehicles in the depot, cleaning of premises at depot or tip and attendance (including the grooming, feeding and stabling) upon horses.

 

(vi)       ‘Union’ means the Transport Workers’ Union of New South Wales.

 

(vii)      Leading Hand means an employee appointed as such by the employer and who will have the responsibility of hiring casual labour for the purposes of carrying out responsibilities for the specified work and other such duties as specified by the contractor but shall not have the right to terminate any permanent employee.

 

(viii)     Driver means an employee engaged to control any vehicle specified in this award. A driver shall be responsible for normal maintenance checks on a vehicle in the driver’s control, i.e. refuelling, engine oil, battery water levels, radiator water levels and tyres.  The employee shall also be responsible for reporting any defect on such vehicle to the yard supervisor.

 

(ix)       Extra Hand, Loader, Offsider or Assistant means an employee engaged in the collection, removal and disposal of household garbage when placed out in approved receptacles, and garden refuse and yard rubbish when properly packaged or bundled and capable of being handled by one man with safety.

 

(x)        Intermodal Facility Operator means an employee who unloads filled containers from railway trucks or vehicles engaged in transportation of waste to waiting vehicles for further transport and loading empty containers from waiting vehicles on to railway trucks.

 

(xi)       Tipping Platform Operator means a person operating a platform from which delivered containers of waste are emptied at a landfill site.

 

(xii)      Waste Disposal Site means any site where liquid and/or solid waste is either permanently deposited or converted to an alternative use for recycling and shall include incinerators and/or other means of destruction.

 

(xiii)     Recycling and Transfer Depots means facilities at which waste is received and subsequently dispatched for the purposes of recycling and/or disposal.

 

(xiv)     Alternative Waste Treatment Facilities means facilities at which solid waste, class 1, is received, sorted and/or treated and subsequently dispatched for the purposes of disposal and/or recycling and/or reuse.

 

32.  Jury Service

 

(i)         In the event of an employee being required to attend on jury service the employee shall be paid the difference between the normal rate of wage and such fees as the employee is paid for the jury service.

 

(ii)        Written proof of attendance and of the amount received in jury fees shall be submitted to the employer.

 

33.  Bereavement Leave

 

(i)         An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in sub-clause 17(i)(c).  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 outside of Australia of a person prescribed by the said subclause 17(i)(c), where such person travels outside Australia to attend the funeral.

 

(ii)        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.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in paragraph 17(1)(c), Personal Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclause 17(ii), 17(iii), 17(iv), 17 (v) and 17(vi).  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

34.  Leave to Attend Trade Union Training Courses

 

(i)         An employee who has been sponsored by the union to attend a course of training conducted by or with the support of the Trade Union Training Authority and who does so attend shall be paid by the employer at ordinary rates for the days upon which the employee is absent from work due to attendance at the said course; provided that no employer shall be called upon to pay more than six days’ leave in total per calendar year irrespective of the number of the employees who attend the aforementioned courses.

 

(ii)        An employee who has completed a basic trade union training course in accordance with subclause (i) of this clause and who is desirous of attending a longer trade union training course and who is sponsored by the union to attend such course conducted by or with the support of the Trade Union Authority and who does so attend shall be paid by the employer at ordinary rates for the days upon which an employee is absent from work due to attendance at the said course; provided that no employer shall be called upon to pay in accordance with this subclause more than ten days’ leave in total per calendar year at any yard irrespective of the number of its employees who attend the aforementioned courses.

 

35.  Attendance at Repatriation Centres

 

Permanent employees, being ex-service personnel, who are not reimbursed by the Department of Repatriation, shall be allowed as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment, provided that

 

(i)         such lost time does not exceed four hours;

 

(ii)        an employee produces evidence satisfactory to the employer, that the employee is so required to and/or does attend a repatriation centre.

 

36.  Employee Deductions

 

(i)         All non statutory, agreed and subsequently authorised deductions from an employee's pay shall be applied to the purpose of the deduction:

 

(a)        within thirty days of the end of the month of the deduction occurring; or

 

(b)        no later than the date when the instalment is due to be paid to the recipient institution where the recipient institution has an instalment period of longer than  thirty days.

 

(ii)        The employer shall generate and maintain records of the following transactions:

 

(a)        Deductions.  Such deductions shall appear on the employee's next pay advice; and

 

(b)        Payments to recipient institutions. The employer shall provide the employee with evidence that such a payment has been made upon the request of the employee.

 

37.  Leave Reserved

 

Leave is reserved to the Union to apply in respect of:

 

Chain of Responsibility

 

Job Security (Including portability of Long Service Leave and job offers on change of contracts)

 

Transport Worker Assistance and Retraining

 

 

38.  Area, Incidence and Duration

 

This award rescinds and replaces the Transport Industry - Waste Collection and Recycling (State) Award, published 19 December 2003 (342 I.G. 447).

 

It shall apply to all employees performing work within the classifications specified herein and drivers, loaders and extra hands employed on motor or other power propelled vehicles, carters, extra hands, grooms, stablemen, night-soil depot hands and extra hands employed in sweeping gutters, employed on or in connection with the removal and disposal of night-soil or garbage (including trade waste, sullage and at transfer stations and other waste disposals sites, including land fill, incinerators, recycling depots, &c.) in the State, excluding the County of Yancowinna, within the jurisdiction of the Waste Industry Collection and Transportation Recycling and Disposal Industry (State) Industrial Committee.

 

It shall take effect from the beginning of the first pay period to commence on or after 1 November 2005 and shall have a nominal term of one year.

 

PART B

 

MONETARY RATES

 

Note: Pay rates effective from the beginning of the first pay period to commence on or after 1 November 2005.

 

Table 1- Wages

 

(i)         Adult Employees

 

Item	Classification	Rate per week
		$
1	A (1)	572.35
2	A (2)	614.70
3	A (3)	646.05
4	A (4)	678.20
5	B (1)	656.70
6	B (2)	673.15
7	B (3)	697.15
8	B (4)	711.70
9	B (5)	741.90
10	B (6)	762.40
11	B (7)	763.15
12	B (8)	807.40
13	B (9)	813.70

 

(ii)        Junior Employees

 

Years of Age	Rate per week
	$
16	343.65
17	405.60
18	475.15
19	542.20
20	Adult Rate

 

Table 2 - Other Rates and Allowances

 

 

Table 3 - Income Protection

 

 

 

 

P. J. SAMS  D.P.

 

 

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Printed by the authority of the Industrial Registrar.