Gelatine
and Glue Industry (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1538 of 2007)
Before Commissioner
Bishop
|
18 December 2007
|
REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Rates of
Pay
3. Additional
Rates
4. Trainees
5. Hours of
Work
6. Meal
Times
7. Shift
Work
8. Overtime
9. Payment
of Wages
10. Holidays
11. Rates for
Holidays and Sundays
12. Annual
Leave
13. Long
Service Leave
14. Sick Leave
15. Personal
Carer’s Leave
16. Accident
Pay
17. Tools of
Trade
18. Clothing
19. General
Conditions
20. Time and
Wages Records
21. Posting of
Notices
22. Definitions
23. Contract
of Employment
24. Redundancy
25. Bereavement
Leave
26. Jury
Service
27. Health and
Safety Committees
28. First Aid
29. Grievance
Procedure
30. Parental
Leave
31. Superannuation
32. Anti-Discrimination
32A. Secure
Employment Provisions
33. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Juniors
Table 3 - Other Rates and Allowances
1. Title
This award shall be known as the Gelatine and Glue Industry
(State) Award.
2. Rates of Pay
(a) Classification
Structure -
Adhesive and Glue Stream - Gelatine and By-Products
Stream
Grade
|
Classification
Definition
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Classification
Definition
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6
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Team Leader
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Team Leader
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An employee who is delegated responsibility
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An employee who is
delegated
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responsibility for
general process
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for general process control operating under
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control operating under guidelines
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instructions as issued by supervisors.
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as issued by supervisors.
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An employee competent in personnel control,
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An employee competent in personnel
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supervision for control, and the understanding
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control, and the understanding of highly
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of highly technical machinery and equipment.
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technical machinery and equipment.
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An employee overseeing the levels of
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An employee overseeing the levels of
|
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responsibility contained in lower Grades.
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responsibility contained in lower grades.
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Indicative of the major and substantive skills /
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An employee involved in training of other
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tasks an employee at this level may perform
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employees.
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are the following:
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Performance appraisal
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Quality control
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Production control
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Training of other employees
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Safety management.
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5
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Adhesives
Workers Grade 5
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Gelatine Worker
Grade 5
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An employee competent to exercise discretion
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An employee under minimal supervision
|
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with respect to their tasks.
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and fulfilling the overall responsibility for
|
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Grade 4.
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Indicative of the major and substantive skills/
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An employee responsible for ensuring that
|
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tasks an employee at this level may perform
|
general Plant operations are within
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the following:
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operational guidelines.
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Batch preparation
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Indicative skills / tasks an employee at this
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Operate Reactors
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level may perform are the following:
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Keyboard skills at a level higher than G4
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Keyboard skills at a level higher than G4.
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Assistance in on-the-job training to the level
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Instrument control and an understanding of
|
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of the employee’s training and competence
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refrigeration principles.
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Boiler (ticket)
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An understanding of the parameters of
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Ability to look after the department when
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product quality
|
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the Leading Hand is absent.
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Assistance in on-the-job training to the
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level of the employee’s training and
|
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competence.
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4
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Adhesives Worker
Grade 4
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Gelatine Worker
Grade 4
|
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An employee who is responsible for the
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An employee under minimal supervision
|
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supervision of their own work area or able to
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and who undertakes individual
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work under minimal supervision.
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responsibility for work.
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Indicative of the major and substantive skills/
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Indicative of the major and substantive
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tasks an employee at this level may perform are
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skills/ tasks an employee at this level may
|
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the following
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perform are the following:
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Dispatch administration
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Dispatch administration
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Keyboard skills
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Plant shutdown procedures
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Routine testing
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Keyboard skills
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Raw material preparation
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Specialised mobile vehicle
|
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Material requisition
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Raw materials preparation
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Minor maintenance
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Assistance in on-the-job training to the
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Assistance in on-the-job training to the level
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level of the employee’s training and
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of the employee’s training and competence
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competence.
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Boiler (ticket)
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An employee with a trade certificate where
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Batch Adjustment under supervision.
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applicable or trade equivalent skills.
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An employee with a trade certificate or trade
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equivalent skills.
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An employee who has completed a chemical
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plant operation certificate course, or an
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employee who has commenced an Associate
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Diploma or Advanced Certificate Course.
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3
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Adhesives Worker
Grade 3
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Gelatine Worker
Grade 3
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An employee responsible for the quality of their
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An employee who works in a team
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own work subject to detailed direction or an
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environment or under general supervision.
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employee who works in a team environment or
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under general supervision.
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An employee with training associated with
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multiple process requirements to enable the
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An employee who performs work above and
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competent performance of work within the
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beyond the skills of an employee at G2.
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scope of this grade.
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Indicative of the major and substantive skills /
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Indicative of the major and substantive
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tasks an employee at this level may perform are
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skills/ tasks an employee at this level may
|
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the following:
|
perform are the following:
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Forklift permit then ticket
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Mobile plant permit then license
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Pre-test sampling
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Receipt and dispatch of goods
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Training on batch sheets
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Stock control of chemicals
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Weigh-off of finished products
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Intermediate batch control under
|
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supervision
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Repetitive work in handling products
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Use of and dosing with chemicals
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Dispatch of product
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Monitoring of quality parameters
|
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Basic assistance to tradespersons
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Simple function keyboard skills
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Assistance in on-the-job training to the level of
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Basic understanding of electrical,
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the employee’s training and competence
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instrument and mechanical operations
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Specialist cleaning
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Assistance in on-the-job training to the
|
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Gatekeeping
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level of the employee’s training and
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Gardening.
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competence.
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2
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Adhesives Worker
Grade 2
|
Gelatine Worker
Grade 2
|
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An employee who has competently completed
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An employee with an understanding of the
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one month’s experience as a Grade 1.
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requirements for Grade 1.
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An employee required to work under routine
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An employee working to guidelines and
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supervision work to the level of their training.
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responsible for the quality of their own
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work to the level of their training.
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An employee responsible for the quality of their
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own work to the level of their training.
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Indicative of the major and substantive
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skills/tasks an employee at this level may
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Indicative of the major and substantive skills /
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perform are the following:
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tasks which an employee at this level may
|
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perform are the following:
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Product sampling
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Simple batch control
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Repetitive work in handling products (single
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Final product blending and packaging
|
|
process)
|
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Dispatch of product
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Assistance in on-the-job training to
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Weigh-off of finished product
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the level of the employee's training and
|
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Assistance in on-the-job training and
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competence.
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competence.
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1
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Adhesive Worker
Grade 1
|
Gelatine Worker
Grade 1
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An employee who is able to perform routine
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An employee who is able to undertake
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work of a light nature including duties
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duties including general labouring and
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associated with routine cleaning,
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cleaning to the standard of their training.
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proprietary packaging and basic ground
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work.
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An employee exercising minimal judgement
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and working under direct supervision.
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An employee who shall undertake
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induction training which may encompass
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on-site information regarding safety
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An employee who shall undertake up to 38
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requirements, hygiene requirements,
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hours induction training which may include
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conditions of employment, and
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information on the enterprise, conditions of
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personnel organisation.
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employment, employment, training and
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career path opportunities, plant layout, work
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Progression from Grade 1 to a higher grade
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and documentation procedures, occupational
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should be achievable for all employees.
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health and safety, and equal employment
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opportunity.
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An employee with less than one month’s
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training and experience in the industry.
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(b) Explanation of
Operation of Structure -
(i) In
classifying each employee, the individual will be provided with, for personal
reference and understanding, a written classification which categorises the
position occupied by that individual and details therein the broad work
functions by enumeration of some specific elements of that job role.
(ii) Each
individual occupying a specific classified position under this award is intended
to then be mostly and regularly employed by the employer, whilst so classified,
on the substantive job function of that particular classification subject to
being able to be required to perform incidental work as defined herein to the
level of training and competence of the employee.
(iii) "Major
and substantial" or "major and substantive" in reference to a
classified position is intended to refer to the primary role of that position,
its key elements, which as the major substance of the function are readily
recognised and ascertainable by reference to the work mostly done and which
forms the significant part of that job role for which the individual is
employed, classified and paid.
(iv) "Incidental"
work means the doing of work which, of itself, is not the major or substantive
job role of that classified position but, on a common sense and practical
basis, is reasonable for that employee to be expected to carry out and is
within the same or lower skill level context of the substantive duties which that
employee is employed to perform.
(v) Employees
shall perform work within their skill and competence provided such flexible
work practices are not designed to promote de-skilling.
(vi) Whilst
employees may be required to perform a wider range of duties, this flexibility
is not meant to result in employees being required to regularly and
consistently perform tasks unrelated to their principal function and which are
at the lower level of skill than the work they usually perform.
(c) Wage Rates -
An adult employee of a classification specified hereunder shall be paid not
less than the rate per week assigned to that classification in which the
employee is working as set out in Table 1 - Adult Wages, of Part B, Monetary
Rates.
(d) Junior
Employees: Juniors shall be paid the percentages of the appropriate adult rate
specified in Table 2 - Juniors, of Part B, Monetary Rates.
(e) The wages for
junior employees shall be calculated to the nearest five cents, any broken part
of five cents in the result not exceeding two cents shall be disregarded.
(f) The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset
against:
(i) any
equivalent over-award payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
3. Additional Rates
(a)
(i) An employee
appointed by the employer as a leading hand to supervise the work of up to and
including 10 employees shall be paid per week the amount as set out in Item 1
of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, in addition
to such employee’s rate. An employee appointed as a leading hand to supervise
more than 10 employees shall be paid per week the amount as set out in Item 2
of the said Table 3, in addition. Such additional rates shall apply for all
purposes of the award.
(ii) The
definition of Grade 6 "Team Leader" in the classification structure
incorporates Leading Hand responsibilities and, accordingly, no leading hand
allowances is payable in addition to the rate of pay set for Team Leaders.
(b) Employees
employed under the Gelatine and By Products Stream shall receive an industry
allowance as set out in Item 3 of Table 3.
(c) An employee
qualified and appointed as a Boiler Attendant shall be paid a weekly allowance
as set out in Item 4 of Table 3.
4. Trainees
(a) An employer
may employee a 16 or 17-year old entrant to the Industry as a trainee. A
trainee shall be employed under a training agreement which shall be agreed
between the worker and the employer at the time of commencing employment. The training agreement shall be in
accordance with the standards laid down by this clause.
(b) The training
agreement shall set out the arrangements by which a trainee shall attend
off-the-job training for a Basic Entry Level Chemical Certificate and undertake
on-site training as specified in the training programme of the training
committee.
(c) The employer
shall provide trainees with direct supervision.
(d) A trainee
shall be engaged as a full-time employee under this award.
(e) Overtime and
shift work shall not be worked by trainees except to enable the requirements of
the Training Program to be effected, when penalties and allowances of the award
based on the trainee wage will apply. No trainee shall work overtime or shift
on the their own.
(f) A trainee
shall be paid at the relativity of 78 per cent of the G4 trade / trade
equivalent rate specified by this award.
(g) A trainee who
has successfully completed a Basic Entry Level Chemical Certificate shall be
appropriately grade in the skills-based classification structure.
5. Hours of Work
(a) Day Workers -
The ordinary hours of work shall be an average of 38 per week to be worked on
one of the following basis:
(i) 38 hours
within a work cycle not exceeding seven consecutive days; or
(ii) 76 hours
within a work cycle not exceeding 14 consecutive days; or
(iii) 114 hours
within a work cycle not exceeding 21 consecutive days; or
(iv) 152 hours
within a work cycle not exceeding 28 consecutive days.
(b) The ordinary
hours of work prescribed herein may be worked on any day or all of the days of
the week, Monday to Friday.
(c) The ordinary
hours of work prescribed herein shall be worked continuously, except for meal
breaks, at the discretion of the employer between 6 a.m. and 6 p.m.
(d) Starting and
finishing times may be altered by mutual agreement between an employer and the
majority of employees in the plant or section or sections concerned.
(e) Not more than
eight hours shall be worked in any one day without payment of overtime.
(f) The method of
implementation of the 38-hour week may be any one the following:
(i) by employees
working less than eight ordinary hours each day; or
(ii) by employee
working less than eight ordinary hours on one or more days each week; or
(iii) by fixing one
weekday on which all employees will be off during a particular work cycle; or
(iv) by rostering
employees off on various days of the week during a particular work cycle so
that each employee has one weekday off during that cycle.
(g) In the absence
of agreement at plant level, the procedures outlined in clause 29, Grievance
Procedure, shall be applied without delay.
(h) Where the
working week is being worked in accordance with paragraphs (iii) or (iv) of
subclause (f) of this clause an employer and the majority of employees
concerned may agree to a banking system of rostered days off. In such instances
not more than five days may be banked.
No penalty payments shall be made to employees working
on a day which would otherwise have been a rostered day off and in no
circumstances will the employee lose the entitlement to the banked days or, in
the event of termination only, payment in lieu thereof.
(i) Where a
system of working is adopted to allow one rostered day off in each four weeks
an employee shall be entitled to 12 such rostered days off in any 12-month
period.
(j) The day an
employee, not being a continuous shift worker, is to take off in accordance
with paragraphs (iii) and (iv) of subclause (f) of this clause, shall not
coincide with a public holiday (as defined); in the event that a public holiday
is prescribed after employee have been given notice of the day off, and the
holiday falls on that day off, the employer shall allow the employee to take
the day off on an alternative day.
An employee, being a continuous shift worker, who by
the circumstances of the arrangement of their ordinary hours of work, is
entitled to a rostered day off which falls on a public holiday (as defined)
shall, have an additional day added to their annual leave.
6. Meal Times
(a) The break for
midday meals shall be not less than 30 minutes nor more than 45 minutes to be
taken between 11:30a.m. and 1:00p.m.
(b) The starting
and finishing times for meals shall not be altered except by agreement between
the employer and the employees or by the Industrial Committee.
(c) An employee
shall not be compelled to work for more than five hours without a break for a
meal.
(d) For work done
during meal hours and thereafter until a meal break is allowed, double time
shall be paid.
(e) Employees
shall be allowed a morning tea break of ten minutes. Such break shall be
counted as time worked.
7. Shift Work
(a) For the
purpose of this clause:
"Afternoon Shift" means any shift finishing
after 6:00p.m. and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8:00a.m.
"Permanent night shift worker" is an employee
who:
(i) works night
shift only; or
(ii) remains on
night shift for a longer period than four consecutive weeks; or
(iii) works on a
night shift which does not rotate sufficiently to give the employee at least
one third of working time off night shift in each shift cycle.
Provided that where shifts are worked by arrangement
between employees, such shifts shall not affect the above definition.
"Continuous shift worker" means an employee
working eight hours per shift inclusive of crib time and who is regularly
rostered to work on Sundays and holidays.
"Non-continuous shift worker" means an
employee who works at least five consecutive days of eight hours per shift
inclusive of crib time and who does not normally work on Sundays.
"Crib time" means a break of 20 minutes to be
taken at a suitable opportunity in any shift or period so as not to interfere
with the employee’s duties and such crib time shall be paid for.
"Rostered shift" means a shift of which the
employee concerned has had at least 48 hours’ notice.
(b) The ordinary
hours of shift workers shall average 38 hours per week and shall not exceed 152
hours in 28 consecutive days and shall be worked in not more than five shifts
per weeks of eight hours inclusive of crib time.
The times of commencement and cessation of work shall
be fixed by the employer and once fixed may only be altered by agreement
between the employer and the employees concerned, or in the absence of such
agreement by the giving of not less than seven day’s notice in the case of a
permanent change of shift by the employer to the employees of such proposed
change of times.
Where an employee is engaged in working a regular
roster of shifts their place on the roster shall not be altered unless the
employee is given 48 hours’ notice of change of shift.
Where an employee is not engaged in working a regular
roster of shifts but the employer requires such employee to change their shift
to fill some short term vacancy occasioned by another employee’s absence or to
meet some special circumstances then the employee’s hours may be altered by the
giving of 48 hours’ notice of change of shift.
(c) Shift and
Weekend Penalties: -
(i) Any afternoon
or night shift which does not continue for five consecutive shifts shall be
paid for at the rate of time and a half for the first three hours and double
time thereafter for all time worked. Such extra rate shall be in substitution
for and not cumulative upon the shift premium prescribed in paragraph (vi) of
this subclause.
(ii) A shift
worker whilst working on a permanent afternoon shift shall be paid for such
shift 25 per cent more than their ordinary rate, or, if working on a permanent
night shift, shall be paid for such shift 30 per cent more than their ordinary
rate. Such extra rate shall be in substitution for and not cumulative upon the
shift premium prescribed in paragraph (vi) of this subclause.
(iii) Continuous
shift workers shall be paid at the rate of time and a half for all work
performed between 12 midnight on Friday and 12 midnight on Saturday. Such extra
rate shall be in substitution for and not cumulative upon the shift premium
prescribed in paragraph (vi) of this subclause.
(iv) Non-continuous
shift workers shall be paid at the rate of time and a half for all work other
than overtime work performed between 12 midnight on Friday and 12 midnight on
Saturday. Such extra rate shall be in substitution for and not cumulative upon
the shift premium prescribed in paragraph (vi) of this subclause.
(v) Continuous
shift workers shall be paid at the rate of double time for all work performed
between 12 midnight on Saturday to 12 midnight on Sunday. Such extra rate shall
be in substitution for and not cumulative upon the shift premium prescribed in
paragraph (vi) of this subclause.
(vi) Except as
otherwise provided, employees working on afternoon and night shifts shall be
paid at the rate of ordinary time for such shift increased by 15 per cent for
afternoon shift and 17.5 per cent for night shift.
(vii) For the
purpose of this subclause any shift starting at 11:00p.m. shall be deemed to
commence at midnight.
(viii) No junior male
under the age of 18 years shall work on night shift.
(ix) Continuous
shift workers who are rostered to work on public holidays as prescribed by this
award shall be paid at the rate of double time. Such extra rate shall be in
substitution for and not cumulative upon any other prescribed shift premium.
Continuous shift workers shall be paid one day’s pay at
ordinary rates at the time of taking annual leave for each public holiday upon
which they are not rostered to work.
On termination of service during the currency of any
year, payment for holidays not worked shall be made on a pro rata basis.
(x) Shift workers,
other than continuous shift workers, shall be paid at the rate of double time
and a half for all work performed on holidays prescribed by this award. Such
extra rate shall be in substitution for and not cumulative upon any other
prescribed shift premium.
(d) Overtime -
Shift workers for all time worked in excess of or outside the ordinary working hours
prescribed by this award shall be paid as follows:
(i) If employed
on continuous shift work, at the rate of double time.
(ii) If employed
on non-continuous shift work, at the rate of time and one half for the first
two hours and double time thereafter.
(iii) The
provisions of paragraphs (i) and (ii) of this subclause shall not apply where
time so worked is brought about by arrangements between the employees
themselves or is for the purpose of effecting the customary rotation of shifts,
or is due to the fact that the relief person does not come on duty at the
proper time.
8. Overtime
(a) All work done
outside the ordinary hours prescribed herein or before or after the times of
commencement and cessation of work determined in accordance with this award
shall be counted as overtime and shall be paid at the rate of time and a half
for the first two hours and double time thereafter.
(b) In computing
overtime, each day’s work shall stand alone.
(c) Any employee
required to work overtime shall be guaranteed a minimum of 30 minutes.
(d) Any employee
required to work overtime for more than one and a half hours on any day, after
the normal finishing time, without being notified on the day before they will
be so required to work, shall be paid an amount as set out in Item 5 of Table 3
- Other Rates and Allowances, of Part B, Monetary Rates, for a meal and an
amount as set out in Item 6 of the said Table 3 for each subsequent meal by the
employer.
(e) If an employee
pursuant to subclause (d) of this clause has provided a meal and is not
required to work overtime, they shall be paid an amount as set out in Item 6 of
Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, of for the
meal provided.
(f)
(i) An employee
working overtime shall be allowed a crib time of 20 minutes without deduction
of pay after each four hours of overtime worked if the employee continues work
after such crib time.
(ii) Unless the
period of overtime is less than one and a half hours an employee before
starting overtime after working ordinary hours shall be allowed a meal break of
20 minutes which shall be paid for at ordinary rates. An employer and employee
may agree to any variation to this provision to meet the circumstances of the
work in hand provided that the employer shall not be required to make any
payment in respect of any time allowed in excess of 20 minutes.
(g) Rest Period
After Overtime -
(i) Where
overtime work is necessary it shall wherever reasonably practicable be so
arranged that employees have at least 10 consecutive hours off duty between the
work of successive days. An employee who works so much overtime between the
termination of that employee’s ordinary work on one day and the commencement of
that employee’s ordinary work on the next day that the employee has not had at
least 10 consecutive hours off duty between these times, shall, subject to this
subclause, be released after completion of such overtime until the employee has
had 10 consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
If on the instructions of the employer such an employee
resumes or continues work without having had such 10 consecutive hours off duty
that employee shall be paid at double rates until released from duty for such
period and shall then be entitled to be absent until the employee has had 10
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(ii) The
provisions of this clause shall apply in the case of shift workers as if eight
hours were substituted for 10 hours.
(h) An employer
may require any employee to work reasonable overtime at overtime rates and such
employee shall work overtime in accordance with such requirement.
(i) Transport of
Employees - Where an employee, after having worked overtime, or a shift for
which the employee had not been regularly rostered, finishes work at a time
when reasonable means of transport are not available, the employer shall
provide the employee with a conveyance to the employee’s home, or pay the
employee that employee’s current wage for the time reasonably occupied in
reaching their home.
9. Payment of Wages
(i) Wages shall
be paid weekly, not later than Thursday in each week, except by mutual
agreement to substitute "Friday" in lieu of "Thursday".
Where a holiday as referred to in clause 10, Holidays, occurs on a pay day,
payment in that week shall be made on the working day prior to such holiday.
(ii) Wages shall
be paid in the employer’s time or within five minutes of finishing time. If an
employee is kept waiting for payment for more than five minutes after finishing
time, the employee shall be paid overtime rates for the time so kept waiting.
(iii) Should an
employee be dismissed during the course of a week, the employee shall be paid
at the usual place of payment on demand there by that employee, any wages which
are legally due to that person within 15 minutes of dismissal.
(iv) Should an
employee lawfully leave their employment during the course of a week, that
employee shall be paid all moneys due upon termination of service.
(v) On pay day the
employer shall state to each employee in writing the amount of wages to which
the employee is entitled, the amount of deductions made therefrom and the net
amount being paid to the employee.
(vi) Notwithstanding
the above, by agreement with the employee concerned, wages may be paid by
cheque or by electronic funds transfer.
10. Holidays
(i) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, or the
holiday, if any, substituted for any such day by or under any Act of
Parliament, are observed, shall be holidays, together with all other days
proclaimed as public holidays throughout the State. Employees, other than
continuous shift workers, not required to work on holidays shall be paid the
ordinary rates of pay, provided that such holidays fall on a normal working
day.
(ii) The first
Monday in August each year, or on another day mutually agreed to between the
employer and the employee shall also be deemed a holiday and complied with in
accordance to subclause 10(i). Where
the employer seeks to vary the holiday on the first Monday in August each year,
the employer shall do so by mutual consent with the employee and shall notify
the Secretary of the Union in writing within thirty (30) days of taking
advantage of the flexible day.
(iii) Where an
employee is absent from their employment on the working day or part of the
working day before or after a holiday or holidays without reasonable excuse or
without the employer’s consent such employee shall not be entitled to payment
for such holiday or holidays.
11. Rates for
Holidays and Sundays
(i) Except as to
continuous shift workers working on regular rostered shifts, all work performed
on holidays set out in Clause 10, Holidays, shall be paid for at the rate of
double time and a half and all work performed on Sundays shall be paid for at
the rate of double time.
(ii) An employee
called upon to work on a Sunday or a holiday shall be paid for a minimum of
four hours’ work.
12. Annual Leave
(a) A period of 28
consecutive days’ (including non-working days) leave shall be allowed annually
to an employee after 12 months’ continuous service (less the period of annual
leave) as an employee on weekly hiring in any one or more of the occupations to
which this award applies.
(b) Continuous
Shift Workers - In addition to the leave hereinbefore prescribed, continuous
shift workers who are rostered to work regularly on Sunday and holidays shall
be allowed seven consecutive days’ leave including non-working days.
Where an employee with 12 months’ continuous service is
engaged for part of the 12 monthly period as a continuous shift worker, the
employee shall be entitled to have the period of 28 consecutive days’ annual
leave prescribed in subclause (a) of this clause increased by half a day for
each month the employee is continuously engaged as aforesaid.
(c) Public
Holidays Excluded -
(i) Except in the
case of continuous shift workers such period of annual leave shall not include
award holidays observed on working days, but shall include all other
non-working days.
(ii) Except in the
case of continuous shift workers if any award holidays falls within an
employee’s period of annual leave and is observed on the day which in the case
of that employee would have been an ordinary working day there shall be added
to that period one day, being an ordinary working day for each holiday observed
as aforesaid.
(iii) Where an
employee without reasonable excuse, proof whereof shall lie upon such employee,
is absent from employment on the working day or part of the working day prior
to the commencement of that employee’s annual leave or fails to resume work at
that employee’s ordinary starting time on the working day immediately following
that last day of the period of that employee’s annual leave, the employee shall
not be entitled to payment for the public holidays which fall within the period
of annual leave.
(d) Notice of
Leave to be Given - At least one month’s notice shall be given to an employee
as to when that employee is to commence leave, except in cases where by mutual
agreement between the employer and the employee a lesser period of notice may
be permitted.
If at any time notice is withdrawn by an employer the
employee, if that employee postpones that leave, shall be compensated by the
employer for any reasonable out of pocket loss occasioned by the withdrawal of
notice. Any dispute under this subclause shall be dealt with under clause 29,
Grievance Procedure.
(e) Time When
Leave is to be Granted - Annual leave shall be given at a time fixed by the
employer within a period not exceeding three months from the date when the
right to annual leave accrued.
(f) Leave to be
Given and Taken -
(i) The annual
leave provided for by this clause shall be allowed and shall be taken and
except as provided in subclause (i) of this clause payment shall not be made or
accepted in lieu of annual leave.
(ii) The annual
leave shall be given and taken in a continuous period or if the employer and
the employee so agree in two separate periods.
(g) Payment of
Wages - Each employee before going on leave shall be paid the wages they would
have earned in respect of the ordinary time the employee would have worked had
they not been on leave during the relevant period.
(h) Annual Leave
Loading - A weekly hired employee who is entitled to annual leave or payment in
lieu thereof, in accordance with the provisions of this award shall, at the
time of taking such annual leave, be entitled to an additional payment in
respect of the period of employment to which the annual leave is referable
calculated on the basis of a loading of 17.5 per cent on top of their normal
weekly pay for their period of annual leave. The loading prescribed by this
subclause shall not apply to proportionate leave on termination.
(i) Leave in
Advance -
(a) An employer
may grant annual leave to an employee before the right thereto has accrued due
but where leave is taken in such a case a further period of annual leave shall
not commence to accrue until the expiration of the 12 months in respect of
which annual leave has been taken before it accrued.
(b) Where leave
has been granted to an employee pursuant to paragraph (i) of this subclause
before the right thereto has accrued due and the employee subsequently leaves
or is discharged from the service of the employer in respect to which the leave
was granted, the employer may, for each one complete month of the qualifying
period of 12 months not served by the employee deduct from whatever
remuneration is payable upon the termination of the employment one-twelfth of
the amount of wage paid on account of the annual leave, which amount shall not
include any sums paid for any of the holidays prescribed in clause 10,
Holidays. Provided that in cases where such leave is granted at the request of
the employee, the employer may, when making payment under subclause (g) of this
clause, withhold form the employee a sum equal to one-twelfth for each complete
month of the qualifying period not served by the employee at the time of going
on leave and retain such sum until the expiration of such qualifying period.
(j) Proportionate
Payments - If after one weeks continuous service in any qualifying 12-monthly
period an employee leaves or that employee’s employment is terminated by the
employer, the employee shall be paid a pro rata entitlement at that employee’s
ordinary rate of wage for 2.923 hours for each five ordinary days worked in
respect of which leave had not been granted under this clause.
(k) Calculation of
Continuous Service -
(i) Continuity of
service shall be deemed to be continuous notwithstanding:
(a) any
interruption or determination of the employment by the employer if such
interruption or determination has been made with the intention of avoiding
obligations hereunder in respect of annual leave;
(b) any absence
from work of not more than 120 hours in the 12 months on account of sickness or
accident (proof whereof shall be on the employee);
(c) any absence on
account of leave granted, imposed or agreed to by the employer;
(d) any absence due
to reasonable cause (including absences on account of sickness or accident of
more than 120 hours, proof whereof shall be on the employee) provided that in
cases of personal sickness or accident or absence with reasonable cause the
employee to become entitled to the benefit of this subclause, shall, if
practicable, inform the employer within 24 hours after the commencement of such
absence of their inability to attend for duty and as far as practicable the
nature of the illness, injury or cause and the estimated duration of the
employee’s absence.
(ii) In
calculating a period of 12 months’ continuous service:
(a)
(1) any annual
leave taken therein, or
(2) any absence of
the kind mentioned in subparagraph (a) of paragraph (i) and subparagraph (b) of
paragraph (i) of this subclause shall be counted as part of such period;
(b) in respect of
absences of the kind mentioned in subparagraph (c) of paragraph (i.) and
subparagraph (d) of paragraph (i.) of this subclause, the employee shall serve
such additional period as part of their qualification for annual leave as will
equal the period of such absences;
(c)
(1) any absence
from work by reason of any cause not being a cause specified in this subclause
shall not be deemed to break the continuity of service for the purpose of this
clause unless the employer during the absence or within 14 days of the
termination of the absence notifies the employee in writing that such absence
will be regarded as having broken the continuity of service;
(2) where an
employee has been absent from such employee’s employment and the employer has
notified the employee that such absence is regarded as a break in the
continuity of service the employee may within 21 days of such notification from
the employer, appeal to the Industrial Committee against such notification of
the employer.
(l) Calculation
of Month - For the purpose of this clause a month shall be reckoned as
commencing with the beginning of the first day of the employment or period of
employment in question and as ending at the beginning of the day which in the
latest month in question has the same date number as that which the commencing
day had in its month and if there be no such day in such subsequent month, it
shall be reckoned as ending at the end of such subsequent month.
(m) Successor of
Assignee or Transmittee - Where the employer is a successor or assignee or
transmittee of a business, if an employee was in the employment of the
employer’s predecessor at the time when they became such successor or assignee
or transmittee, the employee in respect of the period during which that
employee was in the service of the predecessor shall for the purpose of this
clause be deemed to be in the service of the employer.
(n) Annual
Closedown - Where an employer closes down their plant, or a section or sections
thereof, for the purpose of allowing annual leave to all or the bulk of the
employees in the plant, or section or sections concerned, the following
provisions shall apply:
(i) The employer
may, after giving not less than one month’s notice of their intention so to do,
stand off for the duration of the close down all employees in the plant or
section or sections concerned and allow to those who are not then qualified for
four full weeks’ leave pursuant to subclause (a) of this clause, paid leave on
a proportionate basis of 2.923 hours for each completed period of five ordinary
working days worked.
(ii) An employee
who has then qualified for four full weeks’ leave pursuant to subclause (a) of
this clause and has also completed a further month or more of continuous
service shall be allowed such leave and shall, subject to subclause (p) of this
clause, also be paid a pro rata entitlement of 2.923 hours, wages in respect of
each five ordinary working days worked since the close of that employee’s last
12-montly qualifying period.
(iii) Except where
annual leave is allowed before the due date in accordance with subclause (i) of
this clause the next twelve monthly qualifying period for employees affected by
such close down shall commence from the date on which the plant or section or
sections concerned is reopened for work. Provided that all time during which
the employee is stood off without pay for the purposes of this subclause shall
be deemed to be time of service in the next 12-montly qualifying period.
(iv) If in the
first year of the employee’s service with an employer an employee is allowed
proportionate annual leave under paragraph (i) of subclause (n) of this clause,
and subsequently within such year leaves their employment or their employment
is terminated by the employer, the employee shall be entitled to the benefit of
subclause (j) of this clause, subject to adjustment for any proportionate leave
which the employee may have been allowed as aforesaid.
(o) Notwithstanding
the provisions of subclause (n) of this clause an employer, in order to
maintain the efficient working of an enterprise or their service to the public
may, subject to agreement with the union make an arrangement whereby the annual
leave granted by the employer to the employees of the plant or any section
thereof shall be taken by such employees in separate periods by means of
either:
(i) two periods
during which the employer’s plant or any section or sections thereof is or are
closed down for the purpose of allowing annual leave to all or to the bulk of
employees in the plant or section or sections concerned; or
(ii) the rostering
of the periods during which annual leave shall be taken by employee in the
plant or the section or sections concerned; or
(iii) a combination
of one period of close down of the plant or section or sections concerned
together with the rostering of the periods during which the employees therein
shall take annual leave.
(p) Disputes - Any
dispute as to the rights of an employee to or with respect to annual leave
shall be dealt with by the Industrial Committee.
(q) Operation -
Service before the date on which this award comes into force shall be taken
into consideration for the purpose of calculating annual leave, but an employee
shall not be entitled to leave or payment in lieu thereof for any period in
respect to which leave or a payment in lieu thereof has been allowed or made
under any award thereby superseded. The
period of annual leave to be allowed under this subclause shall be calculated
to the nearest day, any broken part of a day in the result not exceeding half a
day to be disregarded.
13. Long Service
Leave
See Long Service Leave Act 1955.
14. Sick Leave
(a) An employee on
weekly hiring who is absent from their work on account of personal illness or
on account of injury by accident shall be entitled to leave of absence without
deduction of pay, subject to the following conditions and limitations:
(i) An employee
shall not be entitled to paid leave of absence under this clause until that
employee has completed five ordinary working days worked in the service of the
employer concerned, provided that payment for such absence shall not become due
and payable until after the employee has completed 20 ordinary working days
work in the service of the employer.
(ii) An employee
shall not be entitled to paid leave of absence for any period in respect of
which that employee is entitled to workers’ compensation.
(iii) An employee
shall, within 24 hours of the commencement of such absence, inform the employer
of the inability to attend for duty, and as far as practicable state the nature
of the injury or illness and the estimated duration of the absence.
(iv) An employee
shall provide to the satisfaction of the employer (or in the event of dispute,
the Industrial Committee) that they were unable on account of such illness or
injury to attend for duty on the day or days for which sick leave is claimed.
(v) An employee
shall not be entitled in the first four years of service to leave in excess of
61 hours per year. Provided further, that in the fifth and subsequent years of
service such leave shall not exceed 76 hours per year.
(vi) An employee
who is absent from work on a working day, which day occurs immediately before
or immediately after a rostered day off, shall prove to the satisfaction of the
employer (or in the event of dispute, the Industrial Committee) that the
employee was unable on account of illness or injury to attend for duty on the
day or days for which sick leave is claimed.
(b) Provided
further, that where under any scheme of insurance or of an accident relief or provident
fund to secure the benefit of which the employer has paid the necessary premium
of contribution, compensation becomes payable for absences through sickness,
the employer shall not be bound to pay more of such wage than is sufficient
with such compensation to make up the full amount for any such days.
(c) Sick leave
shall accumulate from year to year so that any balance of the period specified
in paragraph (v) of subclause (a) of this clause which has in any year not been
allowed to an employee by an employer as paid sick leave may be claimed by the
employee and, subject to the conditions hereinbefore prescribed shall be
allowed by that employer in a subsequent year without diminution of sick leave
prescribed in respect of that year.
(d) Attendance at
Hospital - Notwithstanding anything contained in subclause (a) of this clause,
an employee suffering injury through an accident arising out of and in the
course of that employee’s employment (not being an injury in respect of which
that employee is entitled to workers’ compensation) necessitating that person
attending during working hours on a doctor, chemist, or trained nurse, or at a
hospital, shall not suffer any deduction from that employee’s pay for the
ordinary working time so occupied on the day of the accident and shall be
reimbursed by the employer all expenses reasonably incurred in connection with
such attendance.
(e) Successor,
Assignee or Transmittee - Where the employer is a successor or assignee or
transmittee of a business, if an employee was in the employment of the
employer’s predecessor at the time when the employer became such successor or
assignee or transmittee, the employee in respect of the period during which the
employee was in the service of the predecessor shall for the purpose of this
clause be deemed to be in the service of the employer.
15. Personal Carer’s
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 15(1)(c)(ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 14, 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.
(b) The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse o r de facto
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(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.
(2) Unpaid Leave
for Family Purpose
(a) 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
15(1)(c)(ii) above who is ill or who requires care due to an unexpected
emergency.
(3) Annual Leave
(a) 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.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, 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 consecutive annual leave days are
taken.
(d) 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.
(4) 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 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 paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(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.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a 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 the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 29, Grievance Procedure, should be followed.
(7) Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 15(1)(b) and 15(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 15(1)(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
16. Accident Pay
(a) An employer
shall, subject to this clause, pay or cause to be paid, and an employee shall
be entitled to receive, accident pay in accordance with the provisions of this
award when totally or partially incapacitated whether permanently or
temporarily by injury. "Injury" and "incapacity" shall have
the same meaning as in the Workers’ Compensation Act 1987.
(b) The period of
accident pay for any one injury shall be limited to a total of 39 weeks’
payment in respect of any one accident or injury.
(c) The weekly
amount of accident pay to which an employee shall be entitled shall be not more
than the difference between the employee’s ordinary rate (excluding shift
premiums) and the total of any sums paid to the employee under the Workers’
Compensation Act 1987, and any sums earned by the employee in the same
employment or otherwise or that the employee is assessed as being able to earn
from suitable employment during such period; provided that if the ordinary rate
of pay increases during the period when an employee is in receipt of accident
pay, then the accident pay payments shall be adjusted in accordance with
variations in the ordinary rate of pay.
(d) No accident
pay shall be payable in respect of any period of incapacity resulting from an
injury occurring during an employee’s first month of service with an employer,
provided that if the period of incapacity resulting from such an accident is
continuing at the expiration of such one month’s notice, then accident pay will
be applicable as from one week after the date of expiration of such qualifying
service.
(e) Excepting the
proviso contained in the preceding subclause, accident pay for all other
employees will be applicable one week after the commencement of a period of
incapacity resulting from a recognised workers’ compensation injury.
(f) Accident pay
will not be payable in respect of any period of paid annual leave, long service
leave, sick leave or for any paid public holiday.
(g) On an injury
occurring the employee shall give notice to the employer.
(h) Nothing herein
contained shall restrict or remove the employer’s right to require the employee
to submit to medical examinations pursuant to the Workers’ Compensation Act
1987 and failure to so submit to examination shall entitle the employer to
cancel or suspend payment of accident pay as if such payments were payments
under such legislation.
(i) Where a
medical referee or Board within the meaning of the Workers’ Compensation Act
1987 certifies that the employee is fit for employment or for specified
employment which is made available to or is available to the employee and the employee
refuses or fails to resume or perform such employment then all payments of
accident pay shall immediately cease and determine from the date of such
refusal or failure.
(j) Where
accident pay is payable for part of a week only such payments shall be pro-rata
to a full week’s entitlement.
(k) Where there is
a redemption of weekly payments by the payment under the Workers’
Compensation Act 1987, of a lump sum, there shall be no further liability
for accident pay under this clause in respect of an injury (for which weekly
payments have been recovered) from the date of the said redemption.
(l) Notwithstanding
subclauses (m) and (n) of this clause, any employee who is receiving or who has
received accident pay in respect of an injury shall furnish all relevant
information to the employer concerning any action they make for damages in
respect of that injury and shall if required authorise such employer to obtain
information as to the progress of such action or claim from the employee’s
solicitors and shall if required provide an irrevocable authority to the
employer entitling the said employer to a charge upon any money or moneys
payable pursuant to any subsequent verdict or settlement.
(m) Where the
employee obtains a verdict for damages against the employer or is paid an
amount in settlement of any claim for damages that they have made against the
employer in respect of any injury for which they have received compensation
under the Workers’ Compensation Act 1987, and accident pay, such
employee shall not be entitled to any further accident pay within the meaning
of this clause and shall be immediately liable upon payment to the employee or
their agent of such verdict for damages or amount in settlement of a claim
therefore to repay to the employer the amount of accident pay which the
employer has paid in respect of the employee’s injury under this clause and
hereby irrevocably authorises the employer to retain from such verdict or
amounts in settlement such accident pay and apply it to their own use.
(n) Where the
injury for which accident pay is paid was caused under circumstances creating a
legal liability in some person other than the employer to pay damages in
respect thereof and the employee obtains a verdict for damages or is paid an
amount of money in settlement of any claim for damages made against that other
person, such employee shall immediately upon payment of such verdict or amount
of money to the employee or their agent, repay to the employer the amount of
accident pay which the employer has paid in respect of the employee’s injury
and the employee shall not be entitled to any further accident pay and shall
upon the institution of any such claim deliver to the employer an irrevocable
authority addressed to such other person, to pay to the employer out of such
verdict or settlement the amount of accident pay.
(o) Any employee
who is receiving or who has received accident pay paid in respect of any injury
shall if required by the employer or other person on their behalf authorise the
employer to obtain any information required by such employer concerning such
injury or compensation payable in respect thereof from the insurance company
that is liable to pay compensation to such employee pursuant to the Workers’
Compensation Act 1987.
(p) Nothing in
this clause shall require the employer to insure against their liability for
accident pay nor shall it affect the right of the employer to terminate the
employment of an employee.
(q) An employee
upon being dismissed by the employer whilst absent on workers’ compensation,
shall continue to receive accident pay as prescribed therein up to a maximum of
39 weeks, provided that the employee continues to receive compensation payments
as prescribed by the Workers’ Compensation Act 1987.
(r) In the event
of the rates of compensation payable pursuant to the said Act, being varied at
any time after the date hereof, such variations shall not operate so as to
increase the amount of accident pay payable hereunder above the amount that
would have been payable if such rates of compensation had not been varied.
(s) If the
compensation payable to an employee pursuant to the Act is reduced by any
amount by reason of the fact that such employee is entitled to receive accident
pay or is in receipt of accident pay, then in calculating the amount of
accident pay payable to such employee the compensation payable to such employee
shall be deemed to be the compensation that would have been received if there
had been no such reduction in compensation payments.
(t) The right to be
paid accident pay shall terminate on the death of an employee entitled thereto
and no sum shall be payable to the legal personal representative, next-of-kin,
assignee or dependent of the deceased employee, with the exception of accident
pay accrued up to the time of death.
17. Tools of Trade
The employer shall provide tools and implements of trade
necessarily required by the employee for the performance of the employee’s
duties.
Such aforementioned tools and implements shall remain the
property of the employer and any wilful loss or damage due to neglect must be
paid for by the employee.
18. Clothing
(a) The employer
shall provide leggings, aprons (rubber, plastic, leather or cloth, where
suitable), gloves, respirators, thigh boots, or goggles where these are
necessarily required by the employee for the performance of the employee’s
duties.
Waterproof coats or capes shall be supplied to
employees when required to work outdoors in wet weather.
Such aforementioned articles of clothing shall remain the
property of the employer and any wilful loss or damage due to neglect must be
paid for by the employee.
The conditions of supply of overalls to employees shall
be as agreed upon between the union and the individual employers.
(b) Damage to
Clothing - In the event of boots or clothing belonging to an employee being
damaged or destroyed by fire or corrosive substance outside the normal course
of usage of such boots or clothing, compensation to the extent of the damage
sustained shall be made by the employer.
(c) Laundry
Allowance - Where clothing is supplied by the employer but is not laundered by
the employer, employees shall receive a laundry allowance per week as set out
in Item 7 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.
19. General
Conditions
(a) Boiling water
shall be supplied by the employer at all meal breaks, morning tea breaks and
crib breaks.
(b) Hand cream
shall be supplied to all employees.
20. Time and Wages
Records
(i) Each employer
shall keep time and wages records from which can be readily ascertained the
name of each employee and their occupation, the hours worked each day, and the
wages and allowances paid each week.
(ii) The time
occupied by an employee in filling in any time record or cards or in the making
of records shall be treated as time of duty, but this does not apply to
checking in or out when entering or leaving the employer’s premises.
21. Posting of
Notices
(a) The employer
shall erect notice boards in a prominent position in the establishment for the
purpose of posting any notice therein connection with the legitimate business
of the union.
(b) Every employer
shall post and keep posted a copy of this award and variations thereof in a
place accessible to all employees.
22. Definitions
(a) "Union"
means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales Branch.
(b) "Industrial
Committee" means the Gelatine and Glue Industry, &c. (State)
Industrial Committee.
23. Contract of
Employment
(a)
(i) Except as
hereinafter provided employment shall be by the week. Any employee not
specifically engaged as a casual employee shall be deemed to be employed by the
week.
(ii) Casual
Employment - A casual employee is one engaged and paid as such. A casual
employee for working ordinary time shall be paid per hour one thirty-eighth of
the weekly rate prescribed by this award for the work which the employee
performs plus 20 per cent. Casual employment shall cease when the period of
employment exceeds four weeks.
The employment of a causal employee may be terminated
by the giving of one hour’s notice by either side.
(b) Termination of
Employment -
(i) Notice of
Termination by Employer -
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
Continuous Service
|
Period of Notice
|
1 year or less
|
1 week
|
1 year and up to the completion of 3 years
|
2 weeks
|
3 years and up to the completion of 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice in subparagraph (1) of paragraph (i) of this subclause, 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.
(3) Payment in
lieu of the notice prescribed in subparagraphs (1) and (2) of paragraph (i) of
this subclause shall be made if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(4) In calculating
any payment in lieu of notice the wages an employee would have received in
respect of the ordinary time the employee would have worked during the period
of notice had the employee’s employment not been terminated shall be used.
(5) The period of
notice in this clause shall not apply in the case of dismissal for conduct that
justifies instant dismissal including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices, or employees engaged for
a specific period of time or for a specific task or tasks. Provided, further,
that in the event of a stoppage through breakdown of machinery or any other
cause for which the employer cannot be held responsible, the employer on any
day may notify an employee that the employee’s service shall not be required on
the following day or days and the employee’s employment shall be temporarily
terminated accordingly and the employee shall not be entitled to be paid for
the time not worked.
(6) For the
purpose of this clause, continuity of service shall be calculated in the manner
prescribed by subclause (k) of clause 12, Annual Leave.
(ii) Notice of
Termination by Employee - The notice of termination required to be given by an
employee shall be the same as that required of an employer, save and except
that there shall be no additional notice based on the age of the employee
concerned.
If an employee fails to give notice the employer shall
have the right to withhold moneys due to the employee with a maximum amount
equal to the ordinary time rate of pay for the period of notice.
(iii) Time Off
During Notice Period - Where an employer has given notice of termination to an
employee, an employee shall be allowed up to one day’s time off without loss of
pay for the purpose of seeking other employment. The time off shall be taken at
times that are convenient to the employee after consultation with the employer.
(iv) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of employment and the classification of or the
type of work performed by the employee.
(v) Summary
Dismissal - Notwithstanding the provisions of subparagraph (1) of paragraph (i)
of this subclause the employer shall have the right to dismiss any employee
without notice for conduct that justifies instant dismissal, including
malingering, inefficiency or neglect of duty and in such cases the wages shall
be paid up to the time of dismissal only.
24. Redundancy
(i)
(a) These
provisions shall apply in respect of full-time and part-time employees covered
by the provisions of this award.
(b) In respect of
employers who employ more than 15 employees immediately prior to the
termination of employment of employees, in the terms of subclause (v) of this
clause.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year’s continuous service, and the general
obligation on employers shall be not 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.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that, where this award makes provision for the
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(iii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
the introduction of the changes referred to in paragraph (i) of this subclause,
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.
(b) 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 (ii).
(c) 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.
(iv) Discussions
Before Terminations -
(a) 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 paragraph (a)
of subclause (ii), Introduction of Change, of this clause, 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.
(b) The
discussions shall take place as soon as practicable after the employer has made
a definite decision which will invoke the provision of paragraph (a) of this
subclause and shall cover, any reason for the proposed terminations, measures
to avoid or minimise the terminations and measures to mitigate any adverse
effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(v) Notice for
Changes in Production, Program, Organisation or Structure - This subclause sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from "production", "program",
"organisation" or "structure", in accordance with paragraph
(a) of subclause (ii) of of this clause:
(a) 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
|
(b) 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.
(c) 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.
(vi) Notice for
Technological Change - This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with paragraph (a) of paragraph (ii) of
this clause:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(vii) Time Off
During the Notice Period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(viii) 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.
(ix) 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.
(x) Notice to
Centrelink or the appropriate Government Authority - Where a decision has been
made to terminate the employment of employees, the employer shall notify
Centrelink 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.
(xi) 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.
(xii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause
(ii), 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 rate for the number of weeks of notice still owing.
(xiii) Severance Pay
- Where the employment of an employee is to be terminated pursuant to subclause
(v) 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:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2
years
|
4 weeks
|
2 years and less than 3
years
|
7 weeks
|
3 years and less than 4
years
|
10 weeks
|
4 years and less than 5
years
|
12 weeks
|
5 years and less than 6
years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
|
45 Years of Age and
Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(xiv) 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 of severance pay than that contained in subclause (xiii) of this
clause.
The Industrial Relations Commission of New South Wales
shall have regard to such financial and other resources of the employer
concerned as the Industrial Relations Commission of New South Wales thinks
relevant, and the probable effect paying the amount of severance pay in the
said subclause (xiii) will have on the employer.
(xv) Alternative
Employment - 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 subclause
(xiii) if the employer obtains acceptable alternative employment for an
employee.
25. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person in Australia as prescribed in subclause
(iii) of this clause. Where the death
of a person as prescribed by the said subclause (iii) occurs outside Australia,
the employee shall be entitled to up to two days bereavement leave if the
funeral is attended or one days leave without deduction of pay if the employee
does not 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
subparagraph (II) of paragraph (c) of subclause (i) of clause 15,
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 subclauses
(ii), (iii), (iv), (v) and (iv) of the said clause 15. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 25(ii) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 15(1)(c)(ii) of clause 15, Personal Carer’s
Leave.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
26. Jury Service
An employee on weekly hiring required to attend for jury
service during the employee’s ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of the employee’s attendance for such jury service and the amount of wage the
employee would have received in respect of the ordinary time the employee would
have worked had the employee not been on jury service. An employee shall notify
the employer as soon as possible of the date upon which the employee is
required to attend for jury service.
Further, the employee shall give the employer proof of the employee’s
attendance, the duration of such attendance, and the amount received in respect
of such jury service.
27. Health and Safety
Committees
Health and Safety committees will be set up at each factory
with equal representation of employers and employees. Such committees will
inquire into and deal with matters relating to health and safety.
28. First-Aid
(a) The employer
shall provide and continuously maintain in a place accessible to all employees
an efficient first-aid kit.
(b) The employer
shall endeavour to have at leave one employee trained to render first-aid in
attendance, at all times that work is performed at an establishment.
(c) First-aid
Allowance - An employee who has been trained to render first-aid and who is the
current holder of appropriate first-aid qualifications such as a certificate
from St. John Ambulance or similar body shall be paid a weekly allowance as set
out in Item 8 of Table 3 - Other Rates and Allowances, of Part B, Monetary
Rates, for all purposes of the award if the employee is appointed by the
employer to perform first-aid duty.
(d) If an employee
with the agreement of the employer attends a course of training in first-aid
and passes the course the employer shall reimburse the employee for the actual
cost of the course and text book expenses incurred.
29. Grievance
Procedure
(a) Where an
employee or the union delegate has submitted a request or complaint concerning
any matter directly connected with employment or job conditions to a foreperson
or a more senior representative of management and has not received satisfaction
the employee may refer the matter to a union delegate of if the matter has been
raised by a union delegate the employee may refer the matter to the appropriate
executive of the employer concerned.
(b) The matter
shall be discussed between the union delegate and the appropriate executive.
(c) If the matter
is not settled between the shop steward and the appropriate executive of the
employer the matter shall then be referred by the shop steward to the secretary
of the union and a meeting shall be arranged between the employer and if the
employer so desires their association and the union and a conference shall take
place as soon as possible.
(d) If the matter
is not settled in accordance with subclause (c) of this clause, the matter
shall be notified to the Industrial Relations Commission of New South Wales in
accordance with the Industrial Relations Act 1996.
(e) Where the
above procedures are followed, work shall continue normally. No party shall be
prejudiced as to the final settlement by the continuance of work in accordance
with this subclause.
(f) Notwithstanding
anything contained in the preceding subclauses of this clause the parties shall
be free to exercise their rights if the dispute is not finalised without
unreasonable delay.
(g) This clause
shall not apply to any dispute as to a bona fide safety issue.
30. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held before
commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
31. Superannuation
(a) Definitions:
(i) "ARF"
shall mean the Australian Retirement Fund, a Superannuation scheme established
and governed by Declaration of Trust dated 11 July 1986, as amended from time
to time.
(ii) "Employee"
means a full-time weekly hired employee as defined in subclause (i) of clause
23, Contract of Employment.
(iii) "Ordinary
Time Earnings" shall mean an employee’s award rate of pay, plus
supplementary payments, overaward payments, shift loadings, and allowances
which relate to work or conditions but shall not include overtime or allowances
paid as a reimbursement.
(b) Employers to
Become a Party to ARF:
(i) Each employer
bound by this award, shall unless exempt, sign and execute an agreement to
become a participating employer.
(ii) Each employer
shall become party to ARF upon the acceptance of the trustee of ARF of an
agreement to become a participating employer, duly signed and executed by each
employer and the trustees of ARF.
(iii) Employers
shall make contributions in accordance with subclause (d) of this clause
payable to the Administrator of ARF.
(c) Eligibility of
Employees:
(i) Date of
Becoming Eligible - A weekly hired employee shall be eligible to join ARF on
the first day of the calendar month following the commencement of employment,
provided that if an employee was eligible to have contributions made in
accordance with this award on the employee’s behalf at the employee’s previous
place of employment, the employee shall be eligible to join ARF upon
appointment.
(ii) Payments for
Eligible Employees - Notwithstanding the date upon which an employee signs an
application form, contributions shall be made from the date upon which the
employee became eligible for membership of an approved fund or 21 March 1989
whichever is the latter.
(d) Contributions
(i) Full-time
Weekly Hired Adult Employees - A contribution per week shall be paid by
employers for full-time weekly hired adult employees.
(ii) Junior
Employees - A contribution per week shall be made for full-time weekly hired
junior employees.
(iii) Payment of
Contributions - Contributions shall be made at the completion of each calendar
month in respect of completed pay periods during that month provided that an
initial contribution shall only be made if an employee has completed one
calendar month of membership of ARF.
(iv) Unpaid Leave -
When an employee is absent on unpaid leave for more than one complete day, then
a pro rata deduction for the period of unpaid leave shall be made from the
monthly contribution.
(v) Paid Leave -
Contributions shall continue during periods of paid leave, including during
periods of accident pay as defined in clause 16, Accident Pay. Contributions
shall not be paid in respect of accrued annual leave paid on termination, or
periods of absence without pay.
32. 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, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(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
this 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 specially 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;
(d) a party to
this award from pursuing 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 legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects....any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
32A. Secure
Employment Provisions
(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.
33. Area, Incidence
and Duration
(a) This award
shall apply to all classes of persons provided for herein within the
jurisdiction of the Gelatine and Glue Industry, &c (State) Industrial
Committee.
(b) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the reviewed Gelatine and Glue Industry (State)
Award published 22 February 2002 (331 I.G. 679), and all variations thereof.
(c) The award
published 22 February 2002 took effect from 6 June 2001.
(d) The changes
made to the award pursuant to the Award Review under 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 18 December 2007.
(e) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Wages
Grade
|
Adhesive and Glue
|
Adhesive and Glue
|
Gelatine and By
|
Gelatine and By
|
|
Stream as of
|
Stream as of
|
Product Stream as
of
|
Product Stream as
of
|
|
18 February 2007
|
18 February 2008
|
18 February 2007
|
18 February 2008
|
|
$
|
$
|
$
|
$
|
6
|
631.90
|
651.90
|
644.40
|
664.40
|
5
|
611.10
|
631.10
|
606.90
|
626.90
|
4
|
588.20
|
608.20
|
588.20
|
608.20
|
3
|
559.00
|
579.00
|
563.20
|
583.20
|
2
|
538.20
|
558.20
|
554.80
|
574.80
|
1
|
528.50
|
548.50
|
534.00
|
554.00
|
Table 2 - Junior
Rates
Age
|
Percentage
|
At 16 years of age and under
|
70
|
At 17 years of age
|
85
|
At 18 years of age
|
100
|
Table 3 - Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
Amount as of
|
Amount as of
|
No.
|
No.
|
|
18/2/2007
|
18/2/2008
|
|
|
|
per week
|
per week
|
|
|
|
$
|
$
|
1
|
3(a)(i)
|
Leading hand up to 10 employees
|
22.25
|
23.15
|
2
|
34(a)(i)
|
Leading hand over 10 employees
|
30.80
|
32.05
|
3
|
3(b)
|
Industry allowances - Gelatine and By products
|
|
|
|
|
stream
|
16.95
|
17.65
|
4
|
3(c)
|
Boiler Attendants Allowance
|
10.60
|
11.00
|
5
|
8(d)
|
Meal Allowance - 1st meal
|
8.65
|
8.93
|
6
|
8(d)
|
Meal Allowance - 2nd and subsequent meal
|
8.65
|
8.93
|
7
|
18(c)
|
Laundry Allowance
|
6.90
|
7.00
|
8
|
28(c)
|
First Aid Allowance
|
10.35
|
10.75
|
Gelatine and Glue
Industry, &c (State) Industrial Committee
Industries and
Callings
All persons employed in or in connection with the
manufacture of glue, gelatine, agar and adhesives in the State, excluding the
County of Yancowinna;
Excepting -
Carters, grooms, stablepersons, yardpersons and drivers
of motor or other power-propelled vehicles; engine drivers, firepersons,
greasers, trimmers and plumbers, engaged in or about the driving of engines;
and electrical crane, winch and motor drivers; employees in abattoirs, meat
works, slaughterhouses and meat preserving works;
and excepting also employees within the jurisdiction of
the Bitumous Materials Manufacture, &c. (State) Industrial Committee.
E. A. R. BISHOP,
Commissioner
____________________
Printed by
the authority of the Industrial Registrar.